Bill Text: NY A04330 | 2025-2026 | General Assembly | Introduced

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Bill Title: Includes exposing another person to fentanyl, a fentanyl derivative or an opiate containing fentanyl or a fentanyl derivative by any means including throwing or tossing at or injecting such other person with any such substance in the definition of the offense of assault in the first degree.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-04 - referred to codes [A04330 Detail]

Download: New_York-2025-A04330-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4330

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2025
                                       ___________

        Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
          Committee on Codes

        AN ACT to amend the penal law, in relation to including exposing another
          person to fentanyl, fentanyl derivatives or opiates containing  fenta-
          nyl  or  fentanyl  derivatives  in  the  definition  of the offense of
          assault in the first degree

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 120.10 of the penal law, subdivision 4 as amended
     2  by chapter 791 of the laws of 1967 and the closing paragraph as  amended
     3  by chapter 646 of the laws of 1996, is amended to read as follows:
     4  § 120.10 Assault in the first degree.
     5    A person is guilty of assault in the first degree when:
     6    1.  With  intent  to  cause serious physical injury to another person,
     7  [he] such person causes such injury to such other person or to  a  third
     8  person by means of a deadly weapon or a dangerous instrument; or
     9    2.  With intent to disfigure another person seriously and permanently,
    10  or to destroy, amputate or disable permanently  a  member  or  organ  of
    11  [his]  such  other person's body, [he] such person causes such injury to
    12  such other person or to a third person; or
    13    3. Under circumstances evincing a depraved indifference to human life,
    14  [he] such person recklessly engages in conduct  which  creates  a  grave
    15  risk  of  death  to  another person, and thereby causes serious physical
    16  injury to another person; or
    17    4. In the course of and in furtherance of the commission or  attempted
    18  commission  of  a  felony  or  of  immediate flight therefrom, [he] such
    19  person, or another participant if there be any, causes serious  physical
    20  injury to a person other than one of the participants; or
    21    5.  With  intent  to  cause serious physical injury to another person,
    22  such person causes such injury to such other  person  by  exposing  such
    23  other  person to fentanyl, a fentanyl derivative or an opiate containing

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07451-01-5
        A. 4330                             2

     1  fentanyl or a fentanyl derivative  by  any  means,  including,  but  not
     2  limited  to,  throwing or tossing at or injecting such other person with
     3  any such substance.
     4    Assault in the first degree is a class B felony.
     5    § 2. This act shall take effect on the first of November next succeed-
     6  ing  the  date  upon which it shall have become a law and shall apply to
     7  offenses committed on or after such effective date. Effective immediate-
     8  ly, the addition, amendment, and/or repeal of  any  rule  or  regulation
     9  necessary  for  the implementation of this act on its effective date are
    10  authorized to be made and completed on or before such effective date.