The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2142
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M. of A. STERN, THIELE, D. ROSENTHAL, HAWLEY, MORINELLO,
   BRABENEC, NORRIS, McDONOUGH, FRIEND, PALMESANO, MILLER, TAGUE, REILLY,
   RA, DURSO, BUTTENSCHON -- Multi-Sponsored by -- M. of  A.  BARCLAY  --
   read once and referred 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.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02512-01-3