Senate Bill S7141

                                 
BILL NUMBER: S7141A

SPONSOR: CHAN
 
TITLE OF BILL:

An act to amend the penal law, in relation to fentanyl

 
PURPOSE:

To deter the distribution of fentanyl by establishing severe penalties
for individuals who unlawfully sell fentanyl or its analogs, resulting
in the death of the user.

 
SUMMARY OF PROVISIONS:

Section 1: Provides the short title of the bill as "Sasha's Law"

Section 2: Amends Penal Law § 125.25 to create a new subdivision making
it murder in the second degree when a person, knowing they are distrib-
uting fentanyl or fentanyl-laced substances, causes the death of another
person.

              

Section 3: Adds Penal Law § 120.12-a, establishing a new class B felony:
Aggravated Criminal Sale of a Controlled Substance Resulting in Serious
Physical Injury. This section explicitly excludes non-commercial sharing
among individuals with a pre-existing social relationship from the defi-
nition of "sale"

Section 4: Establishes legislative intent language clarifying that the
law is not intended to punish individuals suffering from substance use
disorder, but rather to deter willful, reckless trafficking.

Section 5: Establishes the effective date.

 
JUSTIFICATION:

Fentanyl, a synthetic opioid approximately 100 times more potent than
morphine, has driven overdose deaths across New York State to
catastrophic levels. In 2021, synthetic opioids like fentanyl accounted
for 78 percent of all drug overdose deaths in the state.  The lethal
nature of fentanyl, often mixed into counterfeit pills or other
substances without the user's knowledge, has made it a leading cause of
death among young people.

The tragic case of Sasha Tarelkine, a 14-year-old student from Brooklyn
Technical High School who died from fentanyl poisoning in December 2023,
has become a devastating symbol of this crisis. Sasha believed she was
consuming a different substance. Like many victims, she was unknowingly
exposed to fentanyl, a drug so potent that just two milligrams can be
fatal. Her death underscores the urgency of addressing fentany-related
fatalities as poisonings rather than overdoses.

Recent advocacy has emphasized the importance of changing how these
deaths are described. Many victims are not habitual drug users but indi-
viduals, often minors, who are experimenting or consuming what they
believe to be non-lethal substances. This deception highlights the truly
dangerous nature of fentanyl distribution and calls for stronger legal
accountability.

This legislation targets individuals who knowingly or recklessly
distribute fentanyl or fentanyl-laced substances that result in death or
serious bodily injury. It draws a clear distinction between those who
suffer from addiction and the traffickers who profit from selling lethal
substances. By enhancing penalties and updating the Penal Law to reflect
the seriousness of these actions, this bill ensures that justice can be
pursued while deterring future loss of life.

Importantly, the bill clarifies that "sale" does not include casual,
noncommercial sharing of a controlled substance among individuals with a
preexisting social relationship. This ensures that the law targets
large-scale traffickers and reckless distributors, not personal users or
those struggling with addiction.

Recent discussions have emerged regarding the terminology used to
describe fentanyl-related fatalities. An article from The New York Times
highlighted a debate on whether to classify such deaths as "overdoses"
or "poisonings." Advocates for the term "poisoning" argue that many
individuals are unknowingly consuming fentanyl, often mixed into other
substances without their knowledge, leading to fatal outcomes. This
perspective emphasizes the deceptive and lethal nature of illicit fenta-
nyl distribution.

By imposing enhanced penalties on individuals who sell fentanyl, either
intentionally or recklessly, resulting in death, "Sasha's Law" aims to
hold dealers accountable and prevent future tragedies.  Strengthening
sentencing guidelines sends a strong message that selling fentanyl with
deadly consequences will not be tolerated. This measure will serve as a
deterrent, saving lives and protecting communities across New York
State.

In addition to these penalties, the legislation acknowledges the impor-
tance of treatment provisions and rehabilitation. California's Proposi-
tion 36 incorporates rehabilitation opportunities, allowing certain
offenders to have their convictions dismissed upon successful completion
of treatment.

Similarly, Colorado's HB 22-1326 includes funding for substance use
treatment and harm reduction services, aiming to address the root causes
of addiction alongside enforcement. This bill reflects those models by
supporting a comprehensive approach that addresses both large-scale
trafficking and recidivist behavior through a combination of account-
ability and recovery-oriented alternatives.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Minimal. The bill ensures the proper enforcement of fentanyl-related
crimes without imposing additional financial burdens on the state.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.