STATE OF NEW YORK
        ________________________________________________________________________
                                          5877
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 20, 2019
                                       ___________
        Introduced by M. of A. GIGLIO, BRABENEC, KOLB, B. MILLER, REILLY, DeSTE-
          FANO,  LAWRENCE,  MORINELLO,  SMITH, FINCH, McDONOUGH, NORRIS, HAWLEY,
          MIKULIN, RA -- Multi-Sponsored by -- M. of A.  TAGUE,  WALSH  --  read
          once and referred to the Committee on Codes
        AN ACT to amend the penal law, in relation to the criminal possession of
          fentanyl
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The penal law is amended by adding a new section 220.79  to
     2  read as follows:
     3  § 220.79 Criminal possession of fentanyl.
     4    A  person  is guilty of criminal possession of fentanyl when he or she
     5  knowingly and unlawfully possesses, manufactures, distributes,  or  uses
     6  fentanyl to enhance another illegal substance.
     7    Criminal possession of fentanyl is a class E felony.
     8    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02731-02-9