Assembly Bill A5144

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5144
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2025
                                ___________
 
 Introduced by M. of A. STERN, GONZALEZ-ROJAS, SIMON, LUNSFORD, JACOBSON,
   JONES,  McMAHON,  WOERNER,  WILLIAMS, PHEFFER AMATO, FALL, BRAUNSTEIN,
   BERGER, BARRETT, EACHUS, STIRPE, RA, BLANKENBUSH, BLUMENCRANZ,  BRABE-
   NEC,  K. BROWN,  E. BROWN,  CHANG, DeSTEFANO, DURSO, GANDOLFO, GIGLIO,
   GRAY, MANKTELOW, McDONOUGH, MIKULIN, SLATER -- Multi-Sponsored  by  --
   M.  of  A.    SHIMSKY  --  read  once and referred to the Committee on
   Governmental Operations
 
 AN ACT to amend the executive law, in relation to  the  award  of  crime
   victim  assistance funds to victims of overdoses, where such overdoses
   were the result of deception, surreptitious delivery,  or  third-party
   administration of a controlled substance which causes death
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (ii) of paragraph  (e)  of  subdivision  1  of
 section 632-a of the executive law, as amended by section 24 of part A-1
 of chapter 56 of the laws of 2010, is amended to read as follows:
   (ii)  Notwithstanding the provisions of subparagraph (i) of this para-
 graph a "specified crime" shall not mean or include an  offense  defined
 in  any of the following articles of the penal law: articles one hundred
 fifty-eight, one hundred seventy-eight, [two hundred twenty, two hundred
 twenty-one,] two hundred twenty-five, and two hundred thirty.
   § 2. Paragraph (e) of subdivision 1 of section 632-a of the  executive
 law is amended by adding a new subparagraph (iii) to read as follows:
   (III) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
 GRAPH  A  "SPECIFIED CRIME" SHALL NOT MEAN OR INCLUDE AN OFFENSE DEFINED
 IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW UNLESS IT IS DEMONSTRATED
 THAT SUCH OFFENSE (A) INVOLVES THE DEATH OF  THE  VICTIM;  (B)  INVOLVES
 DECEPTION,  SURREPTITIOUS  DELIVERY,  OR THIRD-PARTY ADMINISTRATION OF A
 CONTROLLED SUBSTANCE BY ANOTHER PERSON; AND (C) THE VICTIM'S CONSUMPTION
 OF THE CONTROLLED SUBSTANCE WAS PREDICATED UPON, OR A DIRECT RESULT  OF,
 THE  DECEPTION, SURREPTITIOUS DELIVERY, OR THIRD-PARTY ADMINISTRATION BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05292-01-5
              

 A. 5144                             2
 
 ANOTHER PERSON. FOR PURPOSES OF THIS SUBPARAGRAPH, AN ACT OF "DECEPTION"
 SHALL INCLUDE, BUT NOT BE LIMITED TO, A CIRCUMSTANCE WHERE A THIRD-PARTY
 SELLS, ADMINISTERS, DELIVERS, OR CAUSES DELIVERY OF A MIXTURE, COMPOUND,
 OR COMBINATION OF SUBSTANCES AND DOES NOT DISCLOSE TO THE IMMEDIATE NEXT
 RECIPIENT  THE FULL AND ACCURATE LISTING OF SUBSTANCES CONTAINED IN SUCH
 MIXTURE, COMPOUND, OR COMBINATION OF SUBSTANCES.
   § 3. Subdivision 5 of section 621 of the executive law, as amended  by
 chapter 189 of the laws of 2018, is amended to read as follows:
   5.  "Victim"  shall  mean  (a)  a person who suffers personal physical
 injury as a direct result of a crime; (b) a person who is the victim  of
 either  the  crime  of  (1) unlawful imprisonment in the first degree as
 defined in section 135.10 of the penal law, (2) kidnapping in the second
 degree as defined in section 135.20 of the penal law, (3) kidnapping  in
 the  first  degree  as  defined  in section 135.25 of the penal law, (4)
 menacing in the first degree as defined in section 120.13 of  the  penal
 law,  (5)  criminal  obstruction  of  breathing  or blood circulation as
 defined in section 121.11 of the penal law, (6) harassment in the second
 degree as defined in section 240.26 of the penal law, (7) harassment  in
 the  first  degree  as  defined  in section 240.25 of the penal law, (8)
 aggravated harassment in the second degree  as  defined  in  subdivision
 three or five of section 240.30 of the penal law, (9) aggravated harass-
 ment in the first degree as defined in subdivision two of section 240.31
 of  the penal law, (10) criminal contempt in the first degree as defined
 in subdivision (b) or subdivision (c) of section  215.51  of  the  penal
 law,  (11)  stalking  in  the  fourth,  third, second or first degree as
 defined in sections 120.45, 120.50, 120.55 and 120.60 of the penal  law,
 (12)  labor  trafficking  as defined in section 135.35 of the penal law,
 (13) sex trafficking as defined in section 230.34 of the penal  law;  or
 (14)  sex  trafficking  of a child as defined in section 230.34-a of the
 penal law; a vulnerable elderly person or an incompetent  or  physically
 disabled person as defined in section 260.31 of the penal law who incurs
 a loss of savings as defined in subdivision twenty-four of this section;
 or  a person who has had a frivolous lawsuit filed against them; AND (C)
 A PERSON WHO SUFFERS DEATH  AS  A  RESULT  OF  DECEPTION,  SURREPTITIOUS
 DELIVERY,  OR  THIRD-PARTY  ADMINISTRATION  OF A CONTROLLED SUBSTANCE BY
 ANOTHER PERSON UNDER CIRCUMSTANCES ARTICULATED IN SUBPARAGRAPH (III)  OF
 PARAGRAPH  (E) OF SUBDIVISION ONE OF SECTION SIX HUNDRED THIRTY-TWO-A OF
 THIS ARTICLE.
   § 4. This act shall take effect immediately.