senate Bill S4726

2019-2020 Legislative Session

Establishes the crime of homicide by sale of an opiate controlled substance

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Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 22, 2019 referred to codes

Co-Sponsors

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S4726 (ACTIVE) - Details

See Assembly Version of this Bill:
A3902
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §220.00, add §125.24, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7657
2015-2016: S4163, A6039
2017-2018: S2761, A3398

S4726 (ACTIVE) - Summary

Establishes the crime of homicide by sale of an opiate controlled substance; makes such crime a class A-1 felony.

S4726 (ACTIVE) - Sponsor Memo

S4726 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4726

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 22, 2019
                               ___________

Introduced  by  Sens.  AMEDORE,  AKSHAR, BOYLE, FUNKE, GALLIVAN, JORDAN,
  O'MARA, ROBACH -- 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 enacting "Laree's law"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
"Laree's law".
  § 2. Section 220.00 of the penal law is amended by adding a new subdi-
vision 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.
  § 3. The penal law is amended by adding a new section 125.24  to  read
as follows:
§ 125.24 HOMICIDE BY SALE OF AN OPIATE CONTROLLED SUBSTANCE.
  A  PERSON  IS  GUILTY  OF  HOMICIDE  BY  SALE  OF AN OPIATE CONTROLLED
SUBSTANCE WHEN HE OR SHE UNLAWFULLY TRANSPORTS  BY  IMPORTING  INTO  THE
STATE  OR TRANSPORTING WITHIN THE STATE FROM ONE COUNTY INTO ANOTHER, OR
UNLAWFULLY SELLS AS DEFINED BY SUBDIVISION ONE OF SECTION 220.00 OF THIS
CHAPTER, AN OPIATE CONTROLLED SUBSTANCE AS DEFINED BY SUBDIVISION  TWEN-
TY-ONE  OF  SECTION  220.00  OF THIS CHAPTER, AND SUCH OPIATE CONTROLLED
SUBSTANCE CAUSES THE DEATH OF ANOTHER PERSON.
  IT SHALL BE A DEFENSE TO HOMICIDE BY  SALE  OF  AN  OPIATE  CONTROLLED
SUBSTANCE  THAT  THE  DEFENDANT  JOINTLY AND SIMULTANEOUSLY ACQUIRED AND
POSSESSED SUCH OPIATE  CONTROLLED  SUBSTANCE  FOR  JOINT  USE  WITH  THE
DECEASED,  WITH THE INTENT TO JOINTLY INJECT, INHALE OR OTHERWISE INGEST
SUCH OPIATE CONTROLLED SUBSTANCE.
  HOMICIDE BY SALE OF AN OPIATE CONTROLLED  SUBSTANCE  IS  A  CLASS  A-I
FELONY.
  §  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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