Relates to the criminal sale of a controlled substance to a person less than fourteen years of age.
Ayes (58): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (3): Dilan, Duane, Montgomery
Excused (1): Perkins
TITLE OF BILL: 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
PURPOSE OF BILL: To amend the Penal Law to provide that the sale of controlled substances to minors under 14 may be prosecuted as a more serious offense.
SUMMARY OF SPECIFIC PROVISIONS: Adds §220.49 of the Penal Law which creates the crime of criminal sale of a controlled substance to a child in the first degree, making the sale of a controlled substance by an adult to a minor under the age of 14 a class A-II felony. Also Amends the title of §220.48 of the Penal Law, reflecting the lesser included offense of criminal sale of controlled substance to a child in the second degree.
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 f01U1d 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: This is a new bill. Similar legislation was introduced as A.6494 (2010)
FISCAL IMPLICATIONS: None.
This act shall take effect on September 1, 2011.
STATE OF NEW YORK ________________________________________________________________________ 3210--A 2011-2012 Regular Sessions IN SENATE February 11, 2011 ___________Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: S 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. S 2. The penal law is amended by adding a new section 220.49 to read as follows: S 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. 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. LBD06942-02-1