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.