Bill Text: NY A06523 | 2015-2016 | General Assembly | Introduced


Bill Title: Enacts "Dillon's Law" which relates to drug-induced homicide.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-04-29 - enacting clause stricken [A06523 Detail]

Download: New_York-2015-A06523-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6523
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 26, 2015
                                      ___________
       Introduced  by M. of A. SKOUFIS -- read once and referred to the Commit-
         tee on Codes
       AN ACT to amend the penal law, in relation to enacting "Dillon's law"
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.    This  act  shall be known and may be cited as "Dillon's
    2  law".
    3    S 2. The penal law is amended by  adding  five  new  sections  125.65,
    4  125.70, 125.75, 125.80 and 125.85 to read as follows:
    5  S 125.65 DRUG-INDUCED HOMICIDE IN THE FIFTH DEGREE.
    6    1.  A  PERSON  IS  GUILTY OF DRUG-INDUCED HOMICIDE IN THE FIFTH DEGREE
    7  WHEN HE OR SHE GIVES OR SELLS  A  CONTROLLED  SUBSTANCE  AS  DEFINED  IN
    8  SECTION  220.00, TO ANOTHER PERSON, WHO IS OVER THE AGE OF EIGHTEEN, AND
    9  SUCH PERSON DIES AS A RESULT OF USING OR INGESTING SUCH SUBSTANCE; AND
   10    2. IS CHARGED WITH A CRIME, DESCRIBED IN ARTICLES TWO  HUNDRED  TWENTY
   11  AND TWO HUNDRED TWENTY-ONE, THAT CONSTITUTES A CLASS B MISDEMEANOR.
   12    DRUG-INDUCED HOMICIDE IN THE FIFTH DEGREE IS A CLASS E FELONY.
   13  S 125.70 DRUG-INDUCED HOMICIDE IN THE FOURTH DEGREE.
   14    1.  A  PERSON  IS GUILTY OF DRUG-INDUCED HOMICIDE IN THE FOURTH DEGREE
   15  WHEN HE OR SHE GIVES OR SELLS  A  CONTROLLED  SUBSTANCE  AS  DEFINED  IN
   16  SECTION  220.00, TO ANOTHER PERSON, WHO IS OVER THE AGE OF EIGHTEEN, AND
   17  SUCH PERSON DIES AS A RESULT OF USING OR INGESTING SUCH SUBSTANCE; AND
   18    2. IS CHARGED WITH A CRIME, DESCRIBED IN ARTICLES TWO  HUNDRED  TWENTY
   19  AND TWO HUNDRED TWENTY-ONE, THAT CONSTITUTES A CLASS A MISDEMEANOR.
   20    DRUG-INDUCED HOMICIDE IN THE FOURTH DEGREE IS A CLASS D FELONY.
   21  S 125.75 DRUG-INDUCED HOMICIDE IN THE THIRD DEGREE.
   22    1.  A  PERSON  IS  GUILTY OF DRUG-INDUCED HOMICIDE IN THE THIRD DEGREE
   23  WHEN HE OR SHE GIVES OR SELLS  A  CONTROLLED  SUBSTANCE  AS  DEFINED  IN
   24  SECTION  220.00, TO ANOTHER PERSON, WHO IS OVER THE AGE OF EIGHTEEN, AND
   25  SUCH PERSON DIES AS A RESULT OF USING OR INGESTING SUCH SUBSTANCE; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10008-02-5
       A. 6523                             2
    1    2. IS CHARGED WITH A CRIME, DESCRIBED IN ARTICLES TWO  HUNDRED  TWENTY
    2  AND TWO HUNDRED TWENTY-ONE, THAT CONSTITUTES A CLASS E FELONY.
    3    DRUG-INDUCED HOMICIDE IN THE THIRD DEGREE IS A CLASS C FELONY.
    4  S 125.80 DRUG-INDUCED HOMICIDE IN THE SECOND DEGREE.
    5    1.  A  PERSON  IS GUILTY OF DRUG-INDUCED HOMICIDE IN THE SECOND DEGREE
    6  WHEN HE OR SHE GIVES OR SELLS  A  CONTROLLED  SUBSTANCE  AS  DEFINED  IN
    7  SECTION  220.00, TO ANOTHER PERSON, WHO IS OVER THE AGE OF EIGHTEEN, AND
    8  SUCH PERSON DIES AS A RESULT OF USING OR INGESTING SUCH SUBSTANCE; AND
    9    2. IS CHARGED WITH A CRIME, DESCRIBED IN ARTICLES TWO  HUNDRED  TWENTY
   10  AND TWO HUNDRED TWENTY-ONE, THAT CONSTITUTES A CLASS D FELONY.
   11    DRUG-INDUCED HOMICIDE IN THE SECOND DEGREE IS A CLASS B FELONY.
   12  S 125.85 DRUG-INDUCED HOMICIDE IN THE FIRST DEGREE.
   13    1.  A  PERSON  IS  GUILTY OF DRUG-INDUCED HOMICIDE IN THE FIRST DEGREE
   14  WHEN HE OR SHE GIVES OR SELLS  A  CONTROLLED  SUBSTANCE  AS  DEFINED  IN
   15  SECTION  220.00, TO ANOTHER PERSON, WHO IS OVER THE AGE OF EIGHTEEN, AND
   16  SUCH PERSON DIES AS A RESULT OF USING OR INGESTING SUCH SUBSTANCE; AND
   17    2. IS CHARGED WITH A CRIME, DESCRIBED IN ARTICLES TWO  HUNDRED  TWENTY
   18  AND TWO HUNDRED TWENTY-ONE, THAT CONSTITUTES A CLASS C, CLASS B OR CLASS
   19  A FELONY.
   20    3.  A  PERSON  IS  GUILTY OF DRUG-INDUCED HOMICIDE IN THE FIRST DEGREE
   21  WHEN HE OR SHE GIVES OR SELLS  A  CONTROLLED  SUBSTANCE  AS  DEFINED  IN
   22  SECTION  220.00  TO A MINOR, AND SUCH MINOR DIES AS A RESULT OR USING OR
   23  INGESTING SUCH SUBSTANCE.
   24    DRUG-INDUCED HOMICIDE IN THE FIRST DEGREE IS A CLASS A FELONY.
   25    S 3. This act shall take effect immediately.
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