Establishes the crime of homicide by sale of an opiate controlled substance; makes such crime a class A-1 felony.
Ayes (56): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Espaillat, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (3): Dilan, Krueger, Rivera
Excused (2): Hassell-Thomps, Smith
TITLE OF BILL: An act to amend the penal law, in relation to homicide by sale of an opiate controlled substance
PURPOSE: This bill would criminalize the sale of an opiate controlled substance when the unlawful transport or unlawful sale of an opiate controlled substance causes the death of another.
SUMMARY OF PROVISIONS:
Section 1 amends section 220.00 of the penal law by adding new paragraph 21 that defines the term "opiate controlled substance" as a controlled substance that is further classified under Public Health Law as an opiate or opium derivative.
Section 2 amends the penal law to add new section 125.24, to create the new crime of homicide by sale of an opiate controlled substance, a class A-I felony, that is committed when one unlawfully imports into the state or transports from one county to another within the state, an opiate controlled substance and such causes the death of another. This section also creates a defense to the crime when the defendant jointly and simultaneously acquired and possessed such opiate controlled substance for joint use with the deceased, with intent to jointly inject, inhale or otherwise ingest.
Section 3 establishes the effective date as the ninetieth day after it becomes law.
JUSTIFICATION: Heroin use is steadily on the rise. Its impact now reaches every aspect of our society regardless of income, education or genders. The increasing-availability of this drug combined with more powerful incarnations is creating an epidemic that is having a dramatic impact across the state and leading to the unfortunate deaths of too many New Yorkers. Currently, a person who provides an illicit drug that results in the death of a user can typically only be charged with criminal-sale of a controlled-substance, allowing those involved in the illicit-drug trade to escape prosecution for the deaths caused by their actions.
This law would hold drug dealers accountable for the true cost of their activities, significantly diminish the open availability of these dangerous drugs on our streets and give district attorneys-the necessary tools to work up the criminal chain to the ultimate supplier because facing life imprisonment for any amount of drugs that results in death is a profound disincentive to sell drugs within the state of New York.
This law seeks to punish those individuals involved in the illegal drug trade and is not intended to punish those individuals who are merely co-users. Therefore a co-user who shares the drugs with the victim still has an incentive to follow the current good Samaritan law and save the other person as he or she will be able to avoid prosecution for homicide by sale of an opiate controlled substance and instead admit to a lower felony because it still is a distribution.
LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect 90 days after it becomes law.
STATE OF NEW YORK ________________________________________________________________________ 7657 IN SENATE May 23, 2014 ___________Introduced by Sens. ROBACH, BALL, BOYLE, FELDER, GALLIVAN, GOLDEN, GRIF- FO, HANNON, LANZA, LARKIN, LITTLE, MARCELLINO, MARCHIONE, MARTINS, MAZIARZ, NOZZOLIO, O'MARA, RANZENHOFER, RITCHIE, SAVINO, SEWARD, VALE- SKY, YOUNG -- 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 homicide by sale of an opiate controlled substance THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 220.00 of the penal law is amended by adding a new subdivision 21 to read as follows: 21. "OPIATE CONTROLLED SUBSTANCE" MEANS ANY SUBSTANCE LISTED IN SCHED- ULE I, II, III, IV OR V OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW THAT IS CLASSIFIED AS EITHER AN OPIATE OR OPIUM DERIV- ATIVE UNDER SUCH LAW. S 2. The penal law is amended by adding a new section 125.24 to read as follows: S 125.24 HOMICIDE BY SALE OF AN OPIATE CONTROLLED SUBSTANCE. A PERSON IS GUILTY OF HOMICIDE BY SALE OF AN OPIATE CONTROLLED SUBSTANCE WHEN ONE UNLAWFULLY TRANSPORTS BY IMPORTING INTO THE STATE OR TRANSPORTING WITHIN THE STATE FROM ONE COUNTY INTO ANOTHER, OR UNLAW- FULLY SELLS AS DEFINED BY SUBDIVISION ONE OF SECTION 220.00 OF THIS CHAPTER, AN OPIATE CONTROLLED SUBSTANCE AS DEFINED BY SUBDIVISION TWEN- TY-ONE OF SECTION 220.00 OF THIS CHAPTER, AND SUCH OPIATE CONTROLLED SUBSTANCE CAUSES THE DEATH OF ANOTHER. IT SHALL BE A DEFENSE TO HOMICIDE BY SALE OF AN OPIATE CONTROLLED SUBSTANCE THAT THE DEFENDANT JOINTLY AND SIMULTANEOUSLY ACQUIRED AND POSSESSED SUCH OPIATE CONTROLLED SUBSTANCE FOR JOINT USE WITH THE DECEASED, WITH THE INTENT TO JOINTLY INJECT, INHALE OR OTHERWISE INGEST SUCH OPIATE CONTROLLED SUBSTANCE. HOMICIDE BY SALE OF AN OPIATE CONTROLLED SUBSTANCE IS A CLASS A-I FELONY. S 3. This act shall take effect on the ninetieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. S LBD15347-01-4