Bill Text: NY S06427 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Includes exposing a first responder or correction officer to fentanyl, a fentanyl derivative or an opiate containing fentanyl or a fentanyl derivative in the definition of the offense of assault in the first degree.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S06427 Detail]

Download: New_York-2023-S06427-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          6427

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 19, 2023
                                       ___________

        Introduced  by  Sens.  CANZONERI-FITZPATRICK, GALLIVAN -- 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 including exposing a first
          responder  or  correction officer to fentanyl, fentanyl derivatives or
          opiates containing fentanyl 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,  he
     7  or  she  causes such injury to such person or to a third person by means
     8  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 his
    11  or her body, he or she causes such injury to such person or to  a  third
    12  person; or
    13    3. Under circumstances evincing a depraved indifference to human life,
    14  he  or  she  recklessly engages in conduct which creates a grave risk of
    15  death to another person, and thereby causes serious physical  injury  to
    16  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 or  she,  or
    19  another participant if there be any, causes serious physical injury to a
    20  person other than one of the participants; or
    21    5.  With  intent to cause serious physical injury to a first responder
    22  as defined in section three thousand one of the public health law, or  a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08606-03-3
        S. 6427                             2

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