Senate Passes Bills to Save Lives and Stop Drug Dealers from Exploiting New York's Heroin Epidemic

Senators Urge Assembly and Governor to Stop Delaying and Act This Session to Protect Kids from Lethal Drugs and Put Dangerous Dealers Behind Bars

The New York State Senate today passed a package of measures that put a necessary focus on strengthening laws to stop drug dealers and others who are profiting from the deadly heroin epidemic that continues to grip the state. 

The bills to be taken up today include stronger penalties for big-time drug dealers selling heroin, as well as for fraudulent medication prescriptions that fuel opioid addictions; measures to protect dealers from preying on children; and legislation that expands the types of dangerous controlled substances regulated by the state, among others. 

Senate Majority Leader John J. Flanagan said, “The Senate has made record investments in heroin and opioid prevention, treatment, and recovery to help those suffering from abuse, and we are committed to continuing to do more on those fronts. But it is past time that the Governor and Assembly recognize the critical role enforcement plays in preventing drugs from entering our communities and stop delaying new laws that would strengthen penalties for serious drug dealers. We have eight weeks left before session concludes, and the Senate Majority intends to make them count by supporting common-sense legislation like today’s package that will make a life-saving difference for New Yorkers.”

The measures stem from extensive input received by New York’s law enforcement community, health professionals, former addicts, and others who have been impacted by the opioid epidemic and participated in the forums and initiatives put forth by the Senate’s Joint Task Force on Heroin and Opioid Addiction, co-chaired by Senator Chris Jacobs, Senator George Amedore, and Senator Fred Akshar. 

Senator Jacobs said, “Stiffening penalties for drug dealers and giving law enforcement the tools they need to restrict the flow of illegal substances are critically important elements of our strategic approach to combatting the heroin and opioid epidemic. These measures build upon the record $247 million we fought for in the budget to support treatment and recovery, and they reinforce that our resolve to fight against this public health crisis is as strong as ever.”  

Senator Amedore said, “The measures advanced by the Senate today reflect the four-pronged approach the Task Force has advocated: prevention, treatment, recovery and enforcement. This year, we made a record investment to help us tackle this epidemic from every angle, and the package of legislation advanced by the Senate today will not only provide better treatment options, but will ensure our law enforcement officials have the resources necessary to properly punish the big-business drug dealers that are bringing this poison into our communities.”

Senator Akshar said, “This year we were able to secure $247 million in this year's budget to help improve prevention, treatment, recovery and education services across the state. That's $37 million above 2017-18 budget. Now we must focus on enforcement. We need the Governor and the leaders in the Assembly to wake up. We need them to stop playing politics with people's lives and help drive drug dealers out of our communities. Help make access to this poison harder, not easier in our neighborhoods. Our constituents depend on us to show leadership and work together for the benefit of those we represent. If they can't do that, I challenge them to go back to their districts, look their constituents in the eye and tell them they had a chance to do more, but didn't. Instead they sided with the peddlers of poison over our children’s lives.”

Action on these bills builds upon the Senate’s success in getting two new derivatives of fentanyl and several new hallucinogenic drugs, synthetic cannabinoids, and cannabimimetic agents to the state’s controlled substances schedule as part of this year’s budget process. In addition, the budget includes a new record investment of $247 million – $20 million above the 2018-19 Executive Budget proposal, and $37 million above 2017-18 – requested by the Senate’s Task Force for prevention, treatment and recovery. The bills passed today include:

Making it Easier to Prosecute Heroin Dealers: 
S638 assists in the prosecution of heroin dealers by creating a presumption that the possession of 50 or more individual packages containing heroin and/or having an aggregate value of $300 is possession with intent to sell. Currently, dealers can carry large quantities of the drug before triggering a felony charge of possession.

Establishing New Penalties for Heroin Sales: 
S880 creates appropriate-level penalties for heroin sales, taking into account the lighter weight of heroin. Heroin weighs less than other drugs and therefore more doses of heroin are needed to trigger various existing criminal offenses.

Creating Drug Free Zones Around Drug or Alcohol Treatment Centers:
S1127 criminalizes the sale of a controlled substance on the grounds of a drug or alcohol treatment center, or within 1,000 feet of such facilities. Statistics show that drug dealers often prey on individuals with addictions by sitting in the immediate vicinity of a drug or alcohol treatment center or methadone clinic waiting for people to come out so they can sell them drugs. 

Cracking Down on Black Market Prescription Drugs: 
S2814 establishes the offense of fraudulent prescription, dispensing, and procurement of non-controlled substance prescription medications and devices, and establish the offense of unlawful possession of non-controlled substance prescription medications and devices. The gaps in existing law and the growth of a black market make it self-evident that change is necessary. This bill will address the problem by increasing or establishing criminal penalties that better fit these crimes.

Toughening Penalties for Sale of a Controlled Substance to Minors: 
S3845 helps curb rising drug abuse among high school students and other youth by making the sale of a controlled substance by an adult to a minor under the age of 14 a class A-II felony.

Cracking Down on The Sale of Carfentanil: 
S623 makes the sale of 2 milligrams or more of Carfentanil a Class A-II felony and the sale of 10 milligrams or more of Carfentanil a Class A-I felony. Carfentanil is synthetic opioid and a schedule II controlled substance, which is 100 times deadlier than fentanyl, and 10,000 times stronger than morphine. 

Criminalizing Alpha-PVP / “Flakka”: 
S816 designates Alpha-PVP, also known as “Flakka” or “Gravel” as a controlled substance. Similar to bath salts and methamphetamine, use of this designer drug has been known to cause violent behavior, with side effects including nausea, vomiting, paranoia, hallucinations, delusions, suicidal thoughts, seizures, chest pains, and increased blood pressure and heart rate.

Two other bills were recently amended and will be voted upon as soon as they are eligible: 
 
Outlawing Lethal Fentanyl: 
S933B adds new derivatives of fentanyl to the controlled substance schedule and increases criminal penalties for the sale of an opiate containing a fentanyl derivative. Fentanyl is a strong pain medication that is often combined with anesthesia to prevent surgery-related pain. However, it is increasingly being mixed with heroin and other drugs to produce a cheaper and more lethal product. The other bill, S5884A, sponsored by Senator Jacobs, adds new derivatives of fentanyl to the controlled substance schedule regulated by the state Department of Health.

In addition, the Senate will act on important legislation today to increase prevention, treatment, and recovery as part of the multi-pronged approach to help those impacted by heroin and opioid addiction, including:

Limiting Children’s Opioid Exposure: 
S5949 helps address the increasing risk of children becoming addicted to opioids and heroin after being prescribed painkillers for medical procedures or illegally sharing extra prescriptions. The bill requires a health practitioner to receive written consent from a minor’s parent or legal guardian in order to prescribe a medical treatment containing opioids, as well as to discuss the risks of addiction and dangers of overdose associated with the medication. The bill also limits the prescription for a controlled substance containing an opioid to a seven-day duration unless there is a medical emergency that puts the child’s health or safety at risk. 

Expanding Access to Funding for State Substance Abuse Services: 
S898A authorizes the state Office of Alcoholism and Substance Abuse Services (OASAS) to provide funding to substance use disorder and/or compulsive gambling programs operated by for profit agencies. Current statute states all funds issued by OASAS to provide addiction prevention, treatment, and recovery services must be awarded to non-profit providers. For-profit organizations - which provide similar services - are unable to apply for state contracts through OASAS and such restrictions limits competition within the RFP process that would ensure state dollars are being used in the most efficient way possible.

Coordination of Prescriptions Following an Overdose: 
S2639 requires hospital and emergency room physicians to notify a patient's prescriber when a patient is being treated for a controlled substance overdose. The measure enhances the effectiveness of the Prescription Monitoring Program (PMP) Registry when prescribing controlled substances by ensuring that vital medical information is shared among health care practitioners. The bill requires an emergency room or hospital practitioner treating a patient with an opioid overdose to consult the PMP registry and notify the patient's prescriber of the overdose. Without such notification of the overdose, it is very possible that the prescriber/practitioner would not know that the patient had suffered an overdose of the opioid.

The Senate also called for action on four bills strengthening enforcement and addressing challenges the opioid epidemic has created that have already passed this session and await action by the Assembly and Governor to become law:

· “Laree’s Law” (S2761) allows law enforcement officials to charge a drug dealer with homicide if a death results from the sale of heroin or an opiate-controlled substance. This legislation is intended to target mid- to high-level drug dealers who profit from heroin sales, but does not punish co-users by providing a defense for those who bought and used the opiate with the deceased. New York State’s “Good Samaritan Law,” also shields individuals from charges related to an overdose if they attempt to help the individual and report the incident in a timely manner; 

· A bill preventing predatory and deceptive substance abuse treatment (S6544), sponsored by Senator Akshar, makes it a crime to offer to or accept any kickback from an individual or entity that provides substance abuse services in exchange for patient referral and admission. There has been a rise in individuals who aggressively pursue people in need of substance use disorder treatment services and, for a sometimes-extravagant fee, promise admission to treatment programs. For individuals engaging in this predatory behavior, the most desirable patients are those with robust insurance coverage, and out-of-network benefit packages. Patient brokers refer these clients to programs offering the highest rate of “return” to the patient broker, with little or no regard for the patient’s specific needs.  This predatory practice capitalizes on, and exploits, families’ fears while putting patients at risk of inappropriate treatment;· The creation of a Sober Living Task Force (S902) would identify and promote alcohol and drug free living environments across the state for persons in recovery from a chemical dependency; and

· The Drug Take Back Act (S7354) creates a unified, statewide drug take-back program that will save government and taxpayer money and reduce medication misuse. In addition, the program would protect New York State’s water supplies by preventing drugs from being improperly disposed of by flushing or other means that result in contamination of water bodies and negatively impact aquatic life.  

The bills were sent to the Assembly.

###   

senate Bill S880

2017-2018 Legislative Session

Relates to the possession and sale of substances containing heroin

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 30, 2018 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.860
committee discharged and committed to rules
Jan 03, 2018 referred to codes
returned to senate
died in assembly
Jun 13, 2017 referred to codes
delivered to assembly
passed senate
Jun 05, 2017 ordered to third reading cal.1381
committee discharged and committed to rules
Jan 05, 2017 referred to codes

Co-Sponsors

view additional co-sponsors

S880 (ACTIVE) - Details

See Assembly Version of this Bill:
A9654
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§220.16, 220.18, 220.21, 220.41 & 220.43, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7012
2019-2020: S316

S880 (ACTIVE) - Summary

Relates to the possession and sale of substances containing heroin in certain weights and packaging.

S880 (ACTIVE) - Sponsor Memo

S880 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   880

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 5, 2017
                               ___________

Introduced  by  Sens.  ORTT,  AKSHAR,  AMEDORE, MURPHY -- 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 criminal sale and
  possession of substances containing heroin

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subdivision  13  of section 220.16 of the penal law, as
amended by chapter 75 of the laws of 1995, is amended and a new subdivi-
sion 14 is added to read as follows:
  13. phencyclidine and  said  phencyclidine  weighs  one  thousand  two
hundred fifty milligrams or more[.]; OR
  14.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR SUBSTANCES
CONTAINING  HEROIN  AND  SAID  PREPARATIONS,  COMPOUNDS,   MIXTURES   OR
SUBSTANCES  ARE  OF  AN  AGGREGATE  WEIGHT OF 1.5 GRAMS OR MORE, OR SUCH
PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE PACKAGED IN FIFTY OR
MORE CONTAINERS, PACKETS OR "DECKS".
  § 2. Subdivision 7 of section 220.18 of the penal law, as  amended  by
chapter  75  of  the laws of 1995, is amended and a new subdivision 8 is
added to read as follows:
  7. methadone and said methadone  weighs  two  thousand  eight  hundred
eighty milligrams or more[.]; OR
  8.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
CONTAINING  HEROIN  AND  SAID  PREPARATIONS,  COMPOUNDS,   MIXTURES   OR
SUBSTANCES  ARE  OF AN AGGREGATE WEIGHT OF TWELVE GRAMS OR MORE, OR SUCH
PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES  ARE  PACKAGED  IN  FOUR
HUNDRED OR MORE CONTAINERS, PACKETS OR "DECKS".
  §  3.  Subdivision 2 of section 220.21 of the penal law, as amended by
chapter 75 of the laws of 1995, is amended and a new  subdivision  3  is
added to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04621-01-7

senate Bill S1127

2017-2018 Legislative Session

Establishes the class B felony of criminal sale of a controlled substance upon the grounds of a drug or alcohol treatment center

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

Your Voice

what's your position?

Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 30, 2018 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.862
committee discharged and committed to rules
Jan 03, 2018 referred to codes
returned to senate
died in assembly
Jun 14, 2017 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1594
Jun 06, 2017 reported and committed to rules
Jan 06, 2017 referred to codes

Co-Sponsors

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S1127 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §220.66, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S6348
2011-2012: S1827
2013-2014: S1388
2015-2016: S4023, S7200
2019-2020: S330

S1127 (ACTIVE) - Summary

Establishes the class B felony of criminal sale of a controlled substance upon the grounds of a drug or alcohol treatment center.

S1127 (ACTIVE) - Sponsor Memo

S1127 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1127

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 6, 2017
                               ___________

Introduced  by  Sens.  AKSHAR, AMEDORE, MARCHIONE, MURPHY, O'MARA, ORTT,
  YOUNG -- 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 criminal sale of a
  controlled substance upon the grounds of a drug or  alcohol  treatment
  center

  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 a new section 220.66  to
read as follows:
§ 220.66 CRIMINAL  SALE  OF A CONTROLLED SUBSTANCE UPON THE GROUNDS OF A
           DRUG OR ALCOHOL TREATMENT CENTER.
  1. A PERSON IS GUILTY OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE  UPON
THE GROUNDS OF A DRUG OR ALCOHOL TREATMENT CENTER WHEN HE OR SHE KNOWING
AND UNLAWFULLY SELLS A CONTROLLED SUBSTANCE IN VIOLATION OF:
  (A)  ANY  ONE  OF  SUBDIVISIONS ONE THROUGH SIX-A OF SECTION 220.34 OF
THIS ARTICLE, WHEN SUCH SALE TAKES PLACE UPON THE GROUNDS OF A  DRUG  OR
ALCOHOL TREATMENT CENTER; OR
  (B)  ANY  ONE  OF  SUBDIVISIONS ONE THROUGH EIGHT OF SECTION 220.39 OF
THIS ARTICLE, WHEN SUCH SALE TAKES PLACE UPON THE GROUNDS OF A  DRUG  OR
ALCOHOL TREATMENT CENTER.
  2.  FOR  THE  PURPOSES OF THIS SECTION, "UPON THE GROUNDS OF A DRUG OR
ALCOHOL TREATMENT CENTER" MEANS (A)  IN,  ON  OR  WITHIN  ANY  BUILDING,
STRUCTURE, PARKING LOT OR LAND CONTAINED WITHIN THE REAL PROPERTY BOUND-
ARY LINE OF ANY FACILITY WHICH PROVIDES CHEMICAL DEPENDENCE SERVICES, AS
DEFINED  IN SUBDIVISION FIFTY-FIVE OF SECTION 1.03 OF THE MENTAL HYGIENE
LAW, OR A METHADONE CLINIC, OR (B) ANY AREA  ACCESSIBLE  TO  THE  PUBLIC
LOCATED  WITHIN  ONE  THOUSAND  FEET  OF THE REAL PROPERTY BOUNDARY LINE
COMPRISING ANY FACILITY WHICH PROVIDES CHEMICAL DEPENDENCE SERVICES,  AS
DEFINED  IN SUBDIVISION FIFTY-FIVE OF SECTION 1.03 OF THE MENTAL HYGIENE
LAW, OR ANY METHADONE CLINIC, OR ANY PARKED AUTOMOBILE OR  OTHER  PARKED

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

senate Bill S2814

2017-2018 Legislative Session

Relates to criminal diversion of prescription medications and prescriptions, establishing certain other offenses related thereto

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

Your Voice

what's your position?

Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 30, 2018 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.866
committee discharged and committed to rules
Jan 03, 2018 referred to codes
returned to senate
died in assembly
Jun 14, 2017 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1619
committee discharged and committed to rules
Jan 17, 2017 referred to codes

Co-Sponsors

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S2814 (ACTIVE) - Details

See Assembly Version of this Bill:
A2790
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§178.00 - 178.25, add §178.30, Art 178-A §§178.50 - 178.65, Title M Art 219 §§219.00 - 219.30, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5260, A7251
2013-2014: S2942, A4085
2015-2016: S5396, A10069

S2814 (ACTIVE) - Summary

Relates to criminal diversion of prescription medications and prescriptions; establishes the offense of fraudulent prescription, dispensing and procurement of non-controlled substance prescription medications and devices; establishes the offense of unlawful possession of non-controlled substance prescription medications and devices.

S2814 (ACTIVE) - Sponsor Memo

S2814 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2814

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 17, 2017
                               ___________

Introduced  by  Sen.  HANNON -- 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  criminal  diversion  of
  prescription  medications  and prescriptions, establishing the offense
  of fraudulent prescription, dispensing and  procurement  of  non-cont-
  rolled  substance prescription medications and devices, and establish-
  ing the offense of unlawful  possession  of  non-controlled  substance
  prescription medications and devices

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 178.00 of the penal law, as added by chapter 81 of
the laws of 1995, is amended to read as follows:
§ 178.00 Criminal   diversion   of    prescription    medications    and
           prescriptions; definitions.
  The following definitions are applicable to this article:
  1.  "Prescription  medication or device" means any article for which a
prescription is required in order to  be  lawfully  sold,  delivered  or
distributed by any person authorized by law to engage in the practice of
the profession of pharmacy.
  2.  "Prescription"  means  a  direction or authorization by means of a
written  prescription  form,  ELECTRONIC   PRESCRIPTION   or   an   oral
prescription  which  permits  a person to lawfully obtain a prescription
medication or  device  from  any  person  authorized  to  dispense  such
prescription medication or device.
  3.  "PRESCRIPTION  FORM"  MEANS  AN  OFFICIAL  STATE PRESCRIPTION FORM
AUTHORIZED BY A STATE FOR USE  BY  HEALTH  PRACTITIONERS  AUTHORIZED  TO
WRITE PRESCRIPTIONS.
  4.  "Criminal  diversion  act"  means an act or acts in which a person
knowingly:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02907-01-7

senate Bill S3845

2017-2018 Legislative Session

Relates to the criminal sale of a controlled substance to a person less than fourteen years of age

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

Your Voice

what's your position?

Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 30, 2018 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.869
committee discharged and committed to rules
Jan 03, 2018 referred to codes
returned to senate
died in assembly
Jun 13, 2017 referred to codes
delivered to assembly
passed senate
Jun 05, 2017 ordered to third reading cal.1452
committee discharged and committed to rules
Jan 27, 2017 referred to codes

Co-Sponsors

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S3845 (ACTIVE) - Details

See Assembly Version of this Bill:
A3981
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §220.48, add §220.49, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2316, A6494
2011-2012: S3210, A3032
2013-2014: S988, A10067
2015-2016: S208, A4529, A10084
2019-2020: S3155, A2453

S3845 (ACTIVE) - Summary

Relates to the criminal sale of a controlled substance to a person less than fourteen years of age.

S3845 (ACTIVE) - Sponsor Memo

S3845 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3845

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 27, 2017
                               ___________

Introduced by Sen. MARCHIONE -- 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 the criminal sale of a
  controlled substance to a person less than fourteen years of age

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 220.48 of the penal law, as added by section 28 of
part AAA of chapter 56 of the laws  of  2009,  is  amended  to  read  as
follows:
§ 220.48 Criminal  sale  of  a  controlled  substance  to a child IN THE
           SECOND DEGREE.
  A person is guilty of criminal sale of a  controlled  substance  to  a
child  IN THE SECOND DEGREE when, being over twenty-one years old, he or
she knowingly and unlawfully sells a controlled substance  in  violation
of section 220.34 or 220.39 of this article to a person less than seven-
teen years old.
  Criminal  sale  of  a  controlled  substance  to a child IN THE SECOND
DEGREE is a class B felony.
  § 2. The penal law is amended by adding a new section 220.49  to  read
as follows:
§ 220.49 CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST
           DEGREE.
  A  PERSON  IS  GUILTY  OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A
CHILD IN THE FIRST DEGREE WHEN, BEING OVER EIGHTEEN YEARS OLD, HE OR SHE
KNOWINGLY AND UNLAWFULLY SELLS A CONTROLLED SUBSTANCE  IN  VIOLATION  OF
SECTION  220.34 OR 220.39 OF THIS ARTICLE TO A PERSON LESS THAN FOURTEEN
YEARS OLD.
  CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST DEGREE
IS A CLASS A-II FELONY.
  § 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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

senate Bill S623

2017-2018 Legislative Session

Relates to criminal sale of a controlled substance

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

Your Voice

what's your position?

Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 30, 2018 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.857
committee discharged and committed to rules
Jan 03, 2018 referred to codes
returned to senate
died in assembly
Jun 14, 2017 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1590
committee discharged and committed to rules
Jan 04, 2017 referred to codes

Co-Sponsors

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S623 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§220.41 & 220.43, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: S8205
2019-2020: S623

S623 (ACTIVE) - Summary

Relates to criminal sale of a controlled substance; adds the sale of one or more preparations, compounds, mixtures or substances containing carfentanil to criminal sale of a controlled substance in the second and first degrees.

S623 (ACTIVE) - Sponsor Memo

S623 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   623

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 4, 2017
                               ___________

Introduced  by  Sen.  BOYLE  -- 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  criminal  sale  of  a
  controlled substance

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 7 of  section  220.41  of  the  penal  law,  as
amended by chapter 75 of the laws of 1995, is amended and a new subdivi-
sion 8 is added to read as follows:
  7.   methadone and the methadone weighs three hundred sixty milligrams
or more[.]; OR
  8.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
CONTAINING  CARFENTANIL  AND  SAID  PREPARATIONS, COMPOUNDS, MIXTURES OR
SUBSTANCES ARE AN AGGREGATE WEIGHT OF TWO MILLIGRAMS OR MORE.
  § 2. Subdivision 2 of section 220.43 of the penal law, as  amended  by
chapter  75  of  the laws of 1995, is amended and a new subdivision 3 is
added to read as follows:
  2.   methadone and the methadone weighs  two  thousand  eight  hundred
eighty milligrams or more[.]; OR
  3.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
CONTAINING CARFENTANIL AND SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR
SUBSTANCES ARE AN AGGREGATE WEIGHT OF TEN MILLIGRAMS OR MORE.
  § 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05513-01-7