Increases penalties for the sale of controlled substances to minors: sale to persons under 18 years of age shall be an A-II felony and sale to a person under 14 years of age shall be an A-I felony.
Sponsor: MARTINS / Co-sponsor(s): AVELLA, BONACIC, GALLIVAN, GOLDEN, HANNON, JOHNSON, LANZA, MAZIARZ, RANZENHOFER, YOUNG, ZELDIN / Committee: CODES
Law Section: Penal Law / Law: Amd SS220.41 & 220.43, Pen L
Sponsor: MARTINS / Co-sponsor(s): AVELLA, BONACIC, GALLIVAN, GOLDEN, HANNON, JOHNSON, LANZA, MAZIARZ, RANZENHOFER, YOUNG, ZELDIN / Committee: CODES
Law Section: Penal Law / Law: Amd SS220.41 & 220.43, Pen L
S3210-2011 Actions
- Feb 13, 2012: referred to codes
- Feb 13, 2012: DELIVERED TO ASSEMBLY
- Feb 13, 2012: PASSED SENATE
- Jan 30, 2012: AMENDED ON THIRD READING 3210B
- Jan 23, 2012: ADVANCED TO THIRD READING
- Jan 19, 2012: 2ND REPORT CAL.
- Jan 18, 2012: 1ST REPORT CAL.62
- Jan 4, 2012: REFERRED TO CODES
- Jan 4, 2012: returned to senate
- Jan 4, 2012: died in assembly
- May 9, 2011: referred to codes
- May 9, 2011: DELIVERED TO ASSEMBLY
- May 9, 2011: PASSED SENATE
- Apr 11, 2011: ADVANCED TO THIRD READING
- Apr 6, 2011: 2ND REPORT CAL.
- Apr 5, 2011: 1ST REPORT CAL.308
- Mar 28, 2011: PRINT NUMBER 3210A
- Mar 28, 2011: AMEND (T) AND RECOMMIT TO CODES
- Feb 11, 2011: REFERRED TO CODES
S3210-2011 Memo
BILL NUMBER:S3210 TITLE OF BILL: An act to amend the penal law, in relation to the sale of controlled substances to minors PURPOSE OF BILL: To amend the Penal Law to provide that the sale of controlled substances to minors may be prosecuted as a more serious offense. SUMMARY OF SPECIFIC PROVISIONS: §220.41 and §220.43 of the Penal Law are amended by adding new sections which address the sale of a controlled substance to a person less than eighteen (18) years of age and to a person less than fourteen (14) years of age. JUSTIFICATION: There has been a recent increase in drug use, especially opiate based substances, by young adults and teenagers. There has also been an increase in overdose cases and overdose deaths. Many of these youngsters start experimenting in their teenage years with addicting prescription drugs and opiate based prescription drugs. Nassau County recently had a crisis when middle school children thirteen and fourteen years old wanted to use heroin. They left home and began a search to buy heroin as was later detected by a review of their computers internet history, To provide a criminal sanction for drug dealers, there is a need for the section dealing with someone who would sell drugs to a minor. Drug use has become more prevalent among high school students. Although, the total answer to this epidemic is not to be found in the amendment of these two sections of the law, the passage of this bill will result in another tool to help in the battle to protect our children. Drug dealers prey upon our young people and must be dealt with harshly in appropriate circumstances. This bill is intended to punish those who profit from the enterprise of selling these drugs to our children. It is widely recognized that the combination of education, treatment and enforcement is the most effective way to protect our youngsters from narcotics addiction. This bill provides substantial assistance to law enforcement in the crucially important element of enforcement. LEGISLATIVE HISTORY: A.6494 in 2010 FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect on September 1, 2011.
S3210-2011 Text
S T A T E O F N E W Y O R K
3210 2011-2012 Regular Sessions I N SENATE February 11, 2011
Introduced by Sen. MARTINS -- 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 sale of controlled substances to minors
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. A CONTROLLED SUBSTANCE TO A PERSON LESS THAN EIGHTEEN YEARS OF AGE.
S 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. A CONTROLLED SUBSTANCE TO A PERSON LESS THAN FOURTEEN YEARS OF AGE.
S 3. This act shall take effect September 1, 2011. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06942-01-1

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