senate Bill S1017A

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

download bill text pdf

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

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to codes
Aug 06, 2021 print number 1017a
Aug 06, 2021 amend and recommit to codes
Jan 06, 2021 referred to codes

S1017 - Details

See Assembly Version of this Bill:
A8227
Current Committee:
Senate 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

S1017 - 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.

S1017 - Sponsor Memo

S1017 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1017
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

S1017A (ACTIVE) - Details

See Assembly Version of this Bill:
A8227
Current Committee:
Senate 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

S1017A (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.

S1017A (ACTIVE) - Sponsor Memo

S1017A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1017--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be  committed  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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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