Bill Text: NY A04529 | 2015-2016 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-03-03 - enacting clause stricken [A04529 Detail]

Download: New_York-2015-A04529-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4529
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 3, 2015
                                      ___________
       Introduced  by M. of A. CLARK -- read once and referred 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:
    1    Section 1. Section 220.48 of the penal law, as added by section 28  of
    2  part  AAA  of  chapter  56  of  the  laws of 2009, is amended to read as
    3  follows:
    4  S 220.48 Criminal sale of a controlled  substance  to  a  child  IN  THE
    5             SECOND DEGREE.
    6    A  person  is  guilty  of criminal sale of a controlled substance to a
    7  child IN THE SECOND DEGREE when, being over twenty-one years old, he  or
    8  she  knowingly  and unlawfully sells a controlled substance in violation
    9  of section 220.34 or 220.39 of this article to a person less than seven-
   10  teen years old.
   11    Criminal sale of a controlled substance  to  a  child  IN  THE  SECOND
   12  DEGREE is a class B felony.
   13    S  2.  The penal law is amended by adding a new section 220.49 to read
   14  as follows:
   15  S 220.49 CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST
   16             DEGREE.
   17    A PERSON IS GUILTY OF CRIMINAL SALE OF A  CONTROLLED  SUBSTANCE  TO  A
   18  CHILD IN THE FIRST DEGREE WHEN, BEING OVER EIGHTEEN YEARS OLD, HE OR SHE
   19  KNOWINGLY  AND  UNLAWFULLY  SELLS A CONTROLLED SUBSTANCE IN VIOLATION OF
   20  SECTION 220.34 OR 220.39 OF THIS ARTICLE TO A PERSON LESS THAN  FOURTEEN
   21  YEARS OLD.
   22    CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST DEGREE
   23  IS A CLASS A-II FELONY.
   24    S 3. This act shall take effect on the one hundred eightieth day after
   25  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02158-01-5