Bill S7659-2013

Relates to the transport of an opiate controlled substance

Relates to the transport of an opiate controlled substance.

Details

Actions

  • Jun 9, 2014: referred to codes
  • Jun 9, 2014: DELIVERED TO ASSEMBLY
  • Jun 9, 2014: PASSED SENATE
  • Jun 3, 2014: ORDERED TO THIRD READING CAL.1148
  • Jun 3, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 23, 2014: REFERRED TO CODES

Calendars

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 3, 2014
Ayes (21): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Hassell-Thompson, Montgomery, Gianaris
Ayes W/R (3): Krueger, Parker, Perkins
Excused (1): Espaillat

Memo

BILL NUMBER:S7659

TITLE OF BILL: An act to amend the penal law, in relation to the transport of an opiate controlled substance

PURPOSE: This bill would further criminalize the illegal transport of an opiate controlled substance when it is transported any distance greater than five miles within the state, or from one county to another county within the state.

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 220.80, to create the new crime of transport of an opiate controlled substance in the second degree, a class E felony, that is committed when one unlawfully transports an opiate controlled substance any distance greater than five miles within the state, or from one county to another within the state, when the opiate controlled substance is for the defendant's own personal use.

This section also amends the penal law to add new section 220.85, to create the new crime of transport of an opiate controlled substance in the first degree, a class B felony, that is committed when one unlawfully transports an opiate controlled substance any distance greater than five miles within the state, or from one county to another within the state. This section also creates a defense to the crime in the first degree, if the defendant transported the opiate controlled substance exclusively for the defendant's own personal use. The defense does not constitute a defense to the crime transport of an opiate controlled substance in the in the second degree, nor any other crime.

Section 3 states that this act shall become establishes the effective date as the ninetieth day after it becomes law.

JUSTIFICATION: This bill criminalizes the mere movement of opiate controlled substances within the state, regardless of weight. Downstate, heroin sells for as little as $6-$10 a bag, where in upstate communities, that same bag will sell for as much as $30-$50 a bag. The lure of higher profits incentivizes many dealers to travel far distances to sell heroin. In rural areas, dealers may travel 3 hours in one direction in order to sell heroin at higher prices. The prevalence of opioid drugs has risen significantly in all areas of New York State. Rural and suburban areas are especially concerned about the increase of heroin trafficking into their communities.

Under current law, both sale and possession are criminal offenses. By criminalizing the unlawful transport of these dangerous and addictive substances, law enforcement will have an additional tool to prosecute dealers, especially those who travel far distances to increase their profits.

This bill differentiates individuals who are traveling with opiate controlled substances for users and dealers by providing a defense for those traveling for personal use. Individuals, organizations and companies with authorized possession of an opiate controlled substance by prescription, license or other means within the authority of the law are exempt.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect 90 days after it becomes law.


Text

STATE OF NEW YORK ________________________________________________________________________ 7659 IN SENATE May 23, 2014 ___________
Introduced by Sens. BOYLE, BALL, BONACIC, FELDER, GALLIVAN, GOLDEN, GRIFFO, HANNON, LANZA, LARKIN, LITTLE, MARCELLINO, MARCHIONE, MARTINS, MAZIARZ, NOZZOLIO, O'MARA, RANZENHOFER, RITCHIE, ROBACH, SAVINO, SEWARD, VALESKY, 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 the transport 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 two new sections 220.80 and 220.85 to read as follows: S 220.80 TRANSPORT OF AN OPIATE CONTROLLED SUBSTANCE IN THE SECOND DEGREE. A PERSON IS GUILTY OF TRANSPORT OF AN OPIATE CONTROLLED SUBSTANCE IN THE SECOND DEGREE WHEN HE OR SHE UNLAWFULLY TRANSPORTS AN OPIATE CONTROLLED SUBSTANCE ANY DISTANCE GREATER THAN FIVE MILES WITHIN THE STATE OR FROM ONE COUNTY WITHIN THE STATE TO ANOTHER COUNTY WITHIN THE STATE, FOR HIS OR HER OWN PERSONAL USE. TRANSPORT OF AN OPIATE CONTROLLED SUBSTANCE IN THE SECOND DEGREE IS A CLASS E FELONY. S 220.85 TRANSPORT OF AN OPIATE CONTROLLED SUBSTANCE IN THE FIRST DEGREE. A PERSON IS GUILTY OF TRANSPORT OF AN OPIATE CONTROLLED SUBSTANCE IN THE FIRST DEGREE WHEN HE OR SHE UNLAWFULLY TRANSPORTS AN OPIATE CONTROLLED SUBSTANCE ANY DISTANCE GREATER THAN FIVE MILES WITHIN THE STATE OR FROM ONE COUNTY WITHIN THE STATE TO ANOTHER COUNTY WITHIN THE STATE.
IT SHALL BE A DEFENSE TO THE CRIME OF TRANSPORT OF AN OPIATE CONTROLLED SUBSTANCE IN THE FIRST DEGREE THAT THE OPIATE CONTROLLED SUBSTANCE TRANSPORTED WAS EXCLUSIVELY FOR THE DEFENDANT'S OWN PERSONAL USE. NOTHING CONTAINED IN THIS PARAGRAPH SHALL CONSTITUTE A DEFENSE TO A PROSECUTION FOR, OR PRECLUDE A CONVICTION OF, TRANSPORT OF AN OPIATE CONTROLLED SUBSTANCE IN THE SECOND DEGREE OR ANY OTHER CRIME. TRANSPORT OF AN OPIATE CONTROLLED SUBSTANCE IN THE FIRST DEGREE IS A CLASS B FELONY. S 3. This act shall take effect on the ninetieth day after it shall have become a law.

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