Bill Text: NY S04163 | 2015-2016 | General Assembly | Introduced

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Bill Title: Establishes the crime of homicide by sale of an opiate controlled substance; makes such crime a class A-1 felony.

Spectrum: Strong Partisan Bill (Republican 12-1)

Status: (Engrossed - Dead) 2016-05-17 - referred to codes [S04163 Detail]

Download: New_York-2015-S04163-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4163
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     March 4, 2015
                                      ___________
       Introduced  by  Sen. AMEDORE -- 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 enacting "Laree's law"
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  "Laree's law".
    3    S 2. Section 220.00 of the penal law is amended by adding a new subdi-
    4  vision 21 to read as follows:
    5    21. "OPIATE CONTROLLED SUBSTANCE" MEANS ANY SUBSTANCE LISTED IN SCHED-
    6  ULE I, II, III, IV OR V OF  SECTION  THIRTY-THREE  HUNDRED  SIX  OF  THE
    7  PUBLIC HEALTH LAW THAT IS CLASSIFIED AS EITHER AN OPIATE OR OPIUM DERIV-
    8  ATIVE UNDER SUCH LAW.
    9    S  3.  The penal law is amended by adding a new section 125.24 to read
   10  as follows:
   11  S 125.24 HOMICIDE BY SALE OF AN OPIATE CONTROLLED SUBSTANCE.
   12    A PERSON IS GUILTY  OF  HOMICIDE  BY  SALE  OF  AN  OPIATE  CONTROLLED
   13  SUBSTANCE  WHEN  HE  OR  SHE UNLAWFULLY TRANSPORTS BY IMPORTING INTO THE
   14  STATE OR TRANSPORTING WITHIN THE STATE FROM ONE COUNTY INTO ANOTHER,  OR
   15  UNLAWFULLY SELLS AS DEFINED BY SUBDIVISION ONE OF SECTION 220.00 OF THIS
   16  CHAPTER,  AN OPIATE CONTROLLED SUBSTANCE AS DEFINED BY SUBDIVISION TWEN-
   17  TY-ONE OF SECTION 220.00 OF THIS CHAPTER,  AND  SUCH  OPIATE  CONTROLLED
   18  SUBSTANCE CAUSES THE DEATH OF ANOTHER PERSON.
   19    IT  SHALL  BE  A  DEFENSE  TO HOMICIDE BY SALE OF AN OPIATE CONTROLLED
   20  SUBSTANCE THAT THE DEFENDANT JOINTLY  AND  SIMULTANEOUSLY  ACQUIRED  AND
   21  POSSESSED  SUCH  OPIATE  CONTROLLED  SUBSTANCE  FOR  JOINT  USE WITH THE
   22  DECEASED, WITH THE INTENT TO JOINTLY INJECT, INHALE OR OTHERWISE  INGEST
   23  SUCH OPIATE CONTROLLED SUBSTANCE.
   24    HOMICIDE  BY  SALE  OF  AN  OPIATE CONTROLLED SUBSTANCE IS A CLASS A-I
   25  FELONY.
   26    S 4. This act shall take effect on the ninetieth day  after  it  shall
   27  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08982-01-5