Relates to the criminal sale of a controlled substance to a person less than fourteen years of age.

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S988-2013 Actions

• Mar 20, 2013: referred to codes
• Mar 20, 2013: DELIVERED TO ASSEMBLY
• Mar 20, 2013: PASSED SENATE
• Mar 14, 2013: ADVANCED TO THIRD READING
• Mar 13, 2013: 2ND REPORT CAL.
• Mar 12, 2013: 1ST REPORT CAL.188
• Jan 9, 2013: REFERRED TO CODES

S988-2013 Meetings

Codes: Mar 12, 2013

S988-2013 Calendars

Active List: Mar 20, 2013 , Floor Calendar: Mar 13, 2013 , Floor Calendar: Mar 14, 2013 , Floor Calendar: Mar 18, 2013 , Floor Calendar: Mar 19, 2013 , Floor Calendar: Mar 20, 2013

S988-2013 Votes

S988-2013 Memo

BILL NUMBER:S988

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.3210B (2012) - Passed Senate
A6494

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect on September 1, 2013.

S988-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     988

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced by Sens. MARTINS, GALLIVAN, LARKIN, MAZIARZ -- 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  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, 2013.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05045-01-3