Senate Bill S607

                                 BILL NUMBER:  S607

 TITLE OF BILL :  An act to amend the penal law, in relation to the
transport of an opiate controlled substance

 PURPOSE  :

This bill would further criminalize the illegal transport of an opiate
controlled substance when it is transported any distance greater than
five miles within the state, or from one county to another county
within the state.

 SUMMARY OF PROVISIONS :

Section 1 amends section 220.00 of the penal law by adding new
paragraph 21 that defines the term "opiate controlled substance" as a
controlled substance that is further classified under Public Health
Law as an opiate or opium derivative.

Section 2 amends the penal law to add new section 220.80, to create
the new crime of transport of an opiate controlled substance in the
second d degree, a class E felony, that is committed when one
unlawfully trans- ports an opiate controlled substance any distance
greater than five miles within the state, or from one county to
another within the state, when the opiate controlled substance is for
the defendant's own personal use.
              

This section also amends the penal law to add new section 220.85, to
create the new crime of transport of an opiate controlled substance in
the first degree, a class B felony, that is committed when one
unlawfully transports an opiate controlled substance any distance
greater than five miles within the state, or from one county to
another within the state.  This section also creates a defense to the
crime in the first degree, if the defendant transported the opiate
controlled substance exclusively for the defendant's own personal use.
The defense does not constitute a defense to the crime transport of an
opiate controlled substance in the second degree, nor any other crime.

Section 3 states that this act shall become establishes the effective
date as the ninetieth day after it becomes law.

 JUSTIFICATION :

This bill criminalizes the mere movement of opiate controlled
substances within the state, regardless of weight. Downstate, heroin
sells for as little as $6-$10 a bag, where in upstate communities,
that same bag will sell for as much as $30-$50 a bag. The lure of
higher profits incentiv- izes many dealers to travel far distances to
sell heroin. In rural areas, dealers may travel 3 hours in one
direction in order to sell heroin at higher prices. The prevalence of
opioid drugs has risen significantly in all areas of New York State.
Rural and suburban areas are especially concerned about the increase
of heroin trafficking into their communities.

Under current law, both sale and possession are criminal offenses. By
criminalizing the unlawful transport of these dangerous and addictive
substances, law enforcement will have an additional tool to prosecute
dealers, especially those who travel far distances to increase their
profits.

This bill differentiates individuals who are traveling with opiate
controlled substances for users and dealers by providing a defense for
those traveling for personal use. Individuals, organizations and
companies with authorized possession of an opiate controlled substance
by prescription, license or other means within the authority of the
law are exempt.
 LEGISLATIVE HISTORY :

2014: S.7659 Passed Senate
2015-16: S.608 Passed Senate

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect 90 days after it becomes law.