NY State Senate Bill 2017-S8083

Senate Bill S8083

2017-2018 Legislative Session

Includes exposing a first responder to fentanyl, a fentanyl derivative or an opiate containing fentanyl or a fentanyl derivative in the definition of the offense of assault in the first degree

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 26, 2018	referred to codes

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2017-S8083 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §120.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2395
2021-2022: S2063

2017-S8083 (ACTIVE) - Summary

Includes exposing a first responder to fentanyl, a fentanyl derivative or an opiate containing fentanyl or a fentanyl derivative in the definition of the offense of assault in the first degree.

2017-S8083 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8083

SPONSOR: MARCHIONE
 
TITLE OF BILL:  An act to amend the penal law, in relation to includ-
ing exposing a first responder to fentanyl, fentanyl derivatives or
opiates containing fentanyl or fentanyl derivatives in the definition of
the offense of assault in the first degree

 
PURPOSE:

To establish that exposing a first responder to fentanyl, fentanyl
derivatives or opiates containing fentanyl or fentanyl derivatives, by
any means, including, but not limited to throwing or tossing at or
injecting with intent to cause serious injury, is the crime of assault
in the first degree.

 
SUMMARY OF PROVISIONS: :

Section 1 adds a new subdivision 5 to section 120.10 of the penal law to
provide that a person is guilty of assault in the first degree if an
individual causes injury to a first responder by exposing them to fenta-

nyl, a fentanyl derivative or an opiate containing fentanyl or fentanyl
derivative by any means, including, but not limited to throwing, or
tossing at or injecting the first responder with the intent to cause
serious injury. This section also makes technical amendments pertaining
to gender.

Section 2. Effective date.

 
JUSTIFICATION:

According to the DEA, exposure to fentanyl can pose serious dangers for
first responders. Fentanyl is up to 50 times more potent than heroin and
100 times more potent than morphine. In addition, DEA has identified at
least 15 deadly fentanyl-related compounds. This drug and its compounds
can be absorbed through the skin, inhaled through airborne powder, or
absorbed through the skin or eyes.  First responders who have these
substances deliberately thrown at them in the course of their duties are
at grave risk through exposure to this deadly toxin, even in small
amounts. There have been numerous reports of first responders being
exposed to fentanyl and its derivatives, including testimony from the
Senate's Majority Joint Task Force on Heroin and Opiate Addiction. The
DEA reports that in August 2015, law enforcement officers who were
exposed to fentanyl experienced serious medical problems. This bill
makes it a B felony if a first responder is intentionally exposed to
this deadly substance.

 
LEGISLATIVE HISTORY:

New bill

 
EFFECTIVE DATE: :
The act shall take effect on the first of November of the next succeed-
ing date upon which the bill shall have become law.

2017-S8083 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8083
 
                             I N  S E N A T E
 
                              March 26, 2018
                                ___________
 
 Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to including exposing a first
   responder  to  fentanyl,  fentanyl  derivatives  or opiates containing
   fentanyl or fentanyl derivatives in the definition of the  offense  of
   assault in the first degree

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 120.10 of the penal law, subdivision 4  as  amended
 by  chapter 791 of the laws of 1967 and the closing paragraph as amended
 by chapter 646 of the laws of 1996, is amended to read as follows:
 § 120.10 Assault in the first degree.
   A person is guilty of assault in the first degree when:
   1. With intent to cause serious physical injury to another person,  he
 OR  SHE  causes such injury to such person or to a third person by means
 of a deadly weapon or a dangerous instrument; or
   2. With intent to disfigure another person seriously and  permanently,
 or  to destroy, amputate or disable permanently a member or organ of his
 OR HER body, he OR SHE causes such injury to such person or to  a  third
 person; or
   3. Under circumstances evincing a depraved indifference to human life,
 he  OR  SHE  recklessly engages in conduct which creates a grave risk of
 death to another person, and thereby causes serious physical  injury  to
 another person; or
   4.  In the course of and in furtherance of the commission or attempted
 commission of a felony or of immediate flight therefrom, he OR  SHE,  or
 another participant if there be any, causes serious physical injury to a
 person other than one of the participants; OR
   5.  WITH  INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO A FIRST RESPONDER
 AS DEFINED IN SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW, HE OR
 SHE CAUSES SUCH INJURY TO SUCH FIRST RESPONDER BY  EXPOSING  SUCH  FIRST
 RESPONDER  TO  FENTANYL,  A  FENTANYL DERIVATIVE OR AN OPIATE CONTAINING
 FENTANYL OR A FENTANYL DERIVATIVE  BY  ANY  MEANS,  INCLUDING,  BUT  NOT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15135-06-8

 S. 8083                             2
 
 LIMITED  TO,  THROWING  OR  TOSSING AT OR INJECTING SUCH FIRST RESPONDER
 WITH ANY SUCH SUBSTANCE.
   Assault in the first degree is a class B felony.
   § 2. This act shall take effect on the first of November next succeed-
 ing  the  date  upon which it shall have become a law and shall apply to
 offenses committed on or after such effective date. Effective immediate-
 ly the addition, amendment or repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made on or before such date.

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