assembly Bill A8227A

2021-2022 Legislative Session

Establishes certain offenses based on homicide due to criminal sale of a controlled substance and the criminal sale of a controlled substance to a child in the first degree

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Current Bill Status - In Assembly Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to codes
Sep 15, 2021 print number 8227a
Sep 15, 2021 amend and recommit to codes
Aug 25, 2021 referred to codes

A8227 - Details

See Senate Version of this Bill:
S1017
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally
Versions Introduced in Other Legislative Sessions:
2015-2016: S7512
2017-2018: S4313
2019-2020: S6818

A8227 - Summary

Establishes certain offenses based on homicide due to criminal sale of a controlled substance; establishes the offense of criminal sale of a controlled substance to a child in the first degree; expands the definition of controlled substances with respect to certain offenses; increases the felony classification of certain controlled substance offenses (view more) includes electronic prescriptions and blank prescription forms in the definition of certain controlled substance offenses.

A8227 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8227
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced  by M. of A. GRIFFIN -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal  law,  in  relation  to  establishing  certain
   offenses  based  on  homicide  due  to  criminal  sale of a controlled
   substance, establishing the offense of criminal sale of  a  controlled
   substance  to a child in the first degree, expanding the definition of
   controlled substances with respect to certain offenses, increasing the
   felony classification of certain  controlled  substance  offenses  and
   including electronic prescriptions and blank prescription forms in the
   definition of certain controlled substance offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is  amended  by  adding  three  new  sections
 125.28, 125.29 and 125.30 to read as follows:
 § 125.28 HOMICIDE  DUE TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE
            THIRD DEGREE.
   A PERSON IS GUILTY OF HOMICIDE DUE TO CRIMINAL SALE  OF  A  CONTROLLED
 SUBSTANCE IN THE THIRD DEGREE WHEN HE OR SHE:
   1.  COMMITS  THE  OFFENSE  OF:  (A)  (I) CRIMINAL SALE OF A CONTROLLED
 SUBSTANCE IN THE FIFTH DEGREE AS DEFINED IN SECTION 220.31 OF THIS CHAP-
 TER; (II) CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE  FOURTH  DEGREE
 AS  DEFINED  IN SECTION 220.34 OF THIS CHAPTER; (III) CRIMINAL SALE OF A
 CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED IN SECTION 220.39 OF
 THIS CHAPTER; (IV) CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND
 DEGREE AS DEFINED IN SECTION 220.41 OF THIS  CHAPTER;  OR  (V)  CRIMINAL
 SALE OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE AS DEFINED IN SECTION
 220.43 OF THIS CHAPTER; AND
   (B) THE CONTROLLED SUBSTANCE SOLD CAUSES, OR CONTRIBUTES TO, THE DEATH
 OF THE PERSON TO WHOM THE CONTROLLED SUBSTANCE WAS SOLD.
   2.  IT SHALL BE A REBUTTABLE PRESUMPTION THAT THE CONTROLLED SUBSTANCE
 SOLD PURSUANT TO SUBDIVISION ONE OF THIS SECTION CAUSED  OR  CONTRIBUTED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

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A8227A (ACTIVE) - Details

See Senate Version of this Bill:
S1017
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally
Versions Introduced in Other Legislative Sessions:
2015-2016: S7512
2017-2018: S4313
2019-2020: S6818

A8227A (ACTIVE) - Summary

Establishes certain offenses based on homicide due to criminal sale of a controlled substance; establishes the offense of criminal sale of a controlled substance to a child in the first degree; expands the definition of controlled substances with respect to certain offenses; increases the felony classification of certain controlled substance offenses (view more) includes electronic prescriptions and blank prescription forms in the definition of certain controlled substance offenses.

A8227A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8227--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced  by  M. of A. GRIFFIN, J. A. GIGLIO -- read once and referred
   to the Committee on  Codes  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  penal  law, in relation to establishing certain
   offenses based on homicide  due  to  criminal  sale  of  a  controlled
   substance,  establishing  the offense of criminal sale of a controlled
   substance to a child in the first degree, expanding the definition  of
   controlled substances with respect to certain offenses, increasing the
   felony  classification  of  certain  controlled substance offenses and
   including electronic prescriptions and blank prescription forms in the
   definition of certain controlled substance offenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding two new sections 125.28
 and 125.29 to read as follows:
 § 125.28 HOMICIDE DUE TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN  THE
            SECOND DEGREE.
   A  PERSON  IS  GUILTY OF HOMICIDE DUE TO CRIMINAL SALE OF A CONTROLLED
 SUBSTANCE IN THE SECOND DEGREE WHEN SUCH PERSON:
   1. (A) COMMITS THE OFFENSE OF:  (I)  CRIMINAL  SALE  OF  A  CONTROLLED
 SUBSTANCE IN THE FIFTH DEGREE AS DEFINED IN SECTION 220.31 OF THIS CHAP-
 TER;  (II)  CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FOURTH DEGREE
 AS DEFINED IN SECTION 220.34 OF THIS CHAPTER; (III) CRIMINAL SALE  OF  A
 CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED IN SECTION 220.39 OF
 THIS CHAPTER; (IV) CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND
 DEGREE  AS  DEFINED IN SECTION 220.41 OF THIS CHAPTER; (V) CRIMINAL SALE
 OF A CONTROLLED SUBSTANCE IN THE FIRST  DEGREE  AS  DEFINED  IN  SECTION
 220.43  OF THIS CHAPTER; (VI) CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN
 OR NEAR SCHOOL GROUNDS AS DEFINED IN SECTION  220.44  OF  THIS  CHAPTER;
 (VII)  CRIMINAL  SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE SECOND
 DEGREE AS DEFINED IN SECTION 220.48 OF  THIS  CHAPTER;  (VIII)  CRIMINAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.