S3210B-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

S3210B-2011 Calendars

S3210B-2011 Votes

S3210B-2011 Memo

BILL NUMBER:S3210B           REVISED 01/31/12

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 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:
S.2316-A/A.6494-A (2010)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on September 1, 2012.

S3210B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 3210--B
 Cal. No. 62
 2011-2012 Regular Sessions
 I N  SENATE
 February 11, 2011
 
 Introduced  by  Sens. MARTINS, AVELLA -- read twice and ordered printed,
 and when printed to be committed to the Committee on Codes --  commit
 tee  discharged, bill amended, ordered reprinted as amended and recom
 mitted to said committee -- recommitted to the Committee on  Codes  in
 accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
 committee, ordered to first and second  report,  ordered  to  a  third
 reading,  amended  and  ordered  reprinted, retaining its place in the
 order of third reading
 

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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06942-05-2
 
       S. 3210--B                          2
 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, 2012.

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