NY State Senate Bill 2019-S617

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 09, 2019	referred to codes

co-Sponsors

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2019-S617 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §220.00, add §§220.80 & 220.85, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7659
2015-2016: S608
2017-2018: S607

2019-S617 (ACTIVE) - Summary

Relates to the transport of an opiate controlled substance.

2019-S617 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S617

SPONSOR: BOYLE
 
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 unlaw-
fully 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 compa-
nies 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
01/03/18 REFERRED TO CODES

 
FISCAL IMPLICATIONS:

None.

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

2019-S617 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    617
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens.  BOYLE, ADDABBO, AMEDORE, FELDER, FLANAGAN, FUNKE,
   GALLIVAN, GRIFFO, LANZA, LAVALLE, LITTLE, O'MARA,  ORTT,  RANZENHOFER,
   RITCHIE,  SERINO,  YOUNG  --  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 the transport of an opiate
   controlled substance
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 220.00 of the penal law is amended by adding a new
 subdivision 21 to read as follows:
   21. "OPIATE CONTROLLED SUBSTANCE" MEANS ANY SUBSTANCE LISTED IN SCHED-
 ULE I, II, III, IV OR V OF  SECTION  THIRTY-THREE  HUNDRED  SIX  OF  THE
 PUBLIC HEALTH LAW THAT IS CLASSIFIED AS EITHER AN OPIATE OR OPIUM DERIV-
 ATIVE UNDER SUCH LAW.
   §  2.  The  penal law is amended by adding two new sections 220.80 and
 220.85 to read as follows:
 § 220.80 TRANSPORT OF AN  OPIATE  CONTROLLED  SUBSTANCE  IN  THE  SECOND
            DEGREE.
   A  PERSON  IS GUILTY OF TRANSPORT OF AN OPIATE CONTROLLED SUBSTANCE IN
 THE SECOND DEGREE  WHEN  HE  OR  SHE  UNLAWFULLY  TRANSPORTS  AN  OPIATE
 CONTROLLED  SUBSTANCE  ANY  DISTANCE  GREATER THAN FIVE MILES WITHIN THE
 STATE OR FROM ONE COUNTY WITHIN THE STATE TO ANOTHER COUNTY  WITHIN  THE
 STATE, FOR HIS OR HER OWN PERSONAL USE.
   TRANSPORT  OF AN OPIATE CONTROLLED SUBSTANCE IN THE SECOND DEGREE IS A
 CLASS E FELONY.
 § 220.85 TRANSPORT OF  AN  OPIATE  CONTROLLED  SUBSTANCE  IN  THE  FIRST
            DEGREE.
   A  PERSON  IS GUILTY OF TRANSPORT OF AN OPIATE CONTROLLED SUBSTANCE IN
 THE FIRST  DEGREE  WHEN  HE  OR  SHE  UNLAWFULLY  TRANSPORTS  AN  OPIATE
 CONTROLLED  SUBSTANCE  ANY  DISTANCE  GREATER THAN FIVE MILES WITHIN THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04387-01-9

 S. 617                              2
 
 STATE OR FROM ONE COUNTY WITHIN THE STATE TO ANOTHER COUNTY  WITHIN  THE
 STATE.
   IT  SHALL  BE  A  DEFENSE  TO  THE  CRIME  OF  TRANSPORT  OF AN OPIATE
 CONTROLLED SUBSTANCE IN THE FIRST  DEGREE  THAT  THE  OPIATE  CONTROLLED
 SUBSTANCE  TRANSPORTED  WAS EXCLUSIVELY FOR THE DEFENDANT'S OWN PERSONAL
 USE. NOTHING CONTAINED IN THIS PARAGRAPH SHALL CONSTITUTE A DEFENSE TO A
 PROSECUTION FOR, OR PRECLUDE A CONVICTION OF,  TRANSPORT  OF  AN  OPIATE
 CONTROLLED SUBSTANCE IN THE SECOND DEGREE OR ANY OTHER CRIME.
   TRANSPORT  OF  AN OPIATE CONTROLLED SUBSTANCE IN THE FIRST DEGREE IS A
 CLASS B FELONY.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S617

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2019-S617 (ACTIVE) - Details

2019-S617 (ACTIVE) - Summary

2019-S617 (ACTIVE) - Sponsor Memo

2019-S617 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S617

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2019-S617 (ACTIVE) - Details

2019-S617 (ACTIVE) - Summary

2019-S617 (ACTIVE) - Sponsor Memo

2019-S617 (ACTIVE) - Bill Text download pdf

Comments