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Same as: / Versions: S3210-2011 S3210A-2011 S3210B-2011

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S3210A-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

S3210A-2011 Meetings

Codes: Jan 18, 2012, Codes: Apr 5, 2011

S3210A-2011 Calendars

Active List: May 9, 2011 , Floor Calendar: Jan 19, 2012 , Floor Calendar: Jan 23, 2012 , Floor Calendar: Jan 24, 2012 , Floor Calendar: Jan 30, 2012 , Floor Calendar: Apr 6, 2011 , Floor Calendar: Apr 11, 2011 , Floor Calendar: Apr 12, 2011 , Floor Calendar: Apr 13, 2011 , Floor Calendar: May 2, 2011 , Floor Calendar: May 3, 2011 , Floor Calendar: May 4, 2011 , Floor Calendar: May 9, 2011

S3210A-2011 Votes

S3210A-2011 Memo

BILL NUMBER:S3210A

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.

EFFECTIVE DATE:


This act shall take effect on September 1, 2011.

S3210A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 3210--A
 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  --  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

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