Makes the sale of a controlled substance that results in the death of a person manslaughter in the second degree.
TITLE OF BILL: An act to amend the penal law, in relation to the sale of a controlled substance to a person which causes the death of such person or another person
PURPOSE: To amend the Penal Law to ensure that the sale of a controlled substance to a person, by a person eighteen years of age or older, which causes the death of the person or other persons is treated as a more substantial offense.
SUMMARY OF PROVISIONS: Section 1. Subdivision 3 of section 125.15 of the Penal Law is amended and a new subdivision 4 is added which addresses the sale of a controlled substance to a person, by a person eighteen years of age or older, which causes the death of the person or other persons.
Section 2. The penal law is amended by adding a new section 125.16 which describes special provisions for manslaughter in the second degree.
JUSTIFICATION: Drug use (especially heroin) has become more prevalent throughout New York State, especially on Long Island: for example, arrests on heroin-related charges rose 91% between 2005 and 2008 in Nassau County, while Suffolk County saw a 126% increase during that same time period.
The increase in illegal drug consumption is indicative that current laws are not enough of a deterrent to keep drug dealers from selling illegal substances.
Manslaughter in the second degree is a very serious penalty that will force dealers to at the very least think of the potentially deadly consequences of their illegal sale.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on September 1, 2012
STATE OF NEW YORK ________________________________________________________________________ 5169 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________Introduced by Sen. SALAND -- 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 a controlled substance to a person which causes the death of such person or another person THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 125.15 of the penal law is amended and a new subdivision 4 is added to read as follows: 3. He OR SHE intentionally causes or aids another person to commit suicide
[.]; OR 4. HE OR SHE, BEING EIGHTEEN YEARS OF AGE OR OLDER AND BEING PREVIOUS- LY CONVICTED OF ONE OR MORE CRIMES UNDER ARTICLE TWO HUNDRED TWENTY OF THIS PART, KNOWINGLY SELLS A CONTROLLED SUBSTANCE TO ANOTHER PERSON IN VIOLATION OF SECTION 220.31, 220.34, 220.39, 220.41, 220.43 OR 220.44 OF THIS PART THAT IS CONSUMED BY SUCH PERSON OR ANOTHER PERSON AND SUCH CONTROLLED SUBSTANCE CAUSES THE DEATH OF SUCH PERSON OR OTHER PERSON. S 2. The penal law is amended by adding a new section 125.16 to read as follows: S 125.16 MANSLAUGHTER IN THE SECOND DEGREE; SPECIAL PROVISIONS. 1. FOR PURPOSES OF SUBDIVISION FOUR OF SECTION 125.15 OF THIS ARTICLE, IT SHALL NOT BE A DEFENSE TO A PROSECUTION UNDER SUCH SUBDIVISION THAT: A. THE DEFENDANT DID NOT INTEND TO CAUSE THE DEATH OF THE DECEDENT; OR B. THE DECEDENT CAUSED HIS OR HER OWN DEATH BY HIS OR HER PURPOSEFUL, KNOWING, RECKLESS OR NEGLIGENT INJECTION, INHALATION OR INGESTION OF SUCH CONTROLLED SUBSTANCE BY ANY MEANS OR BY SUCH DECEDENT'S CONSENT TO THE ADMINISTRATION OF SUCH CONTROLLED SUBSTANCE BY ANOTHER. 2. NOTHING SET FORTH IN SUBDIVISION FOUR OF SECTION 125.15 OF THIS ARTICLE SHALL BE CONSTRUED TO PRECLUDE OR LIMIT IN ANY WAY THE PROSE- CUTION OF ANY OTHER CRIME SET FORTH IN THIS ARTICLE.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09421-01-1 S. 5169 2
3. A CONVICTION UNDER SUBDIVISION FOUR OF SECTION 125.15 OF THIS ARTI- CLE SHALL NOT MERGE WITH A CONVICTION FOR ANY OTHER CRIME SET FORTH IN THIS CHAPTER. S 3. This act shall take effect September 1, 2012.