Bill Text: NY A08616 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 8616 (Prior Session Legislation)

Introduced

Bill Title: Establishes certain offenses based on homicide due to criminal sale of a controlled substance, establishes the offense of criminal sale of a controlled substance to a child in the first degree, expands the definition of controlled substances with respect to certain offenses, increases the felony classification of certain controlled substance offenses and includes electronic prescriptions and blank prescription forms in the definition of certain controlled substance offenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-05-04 - enacting clause stricken [A08616 Detail]

Download: New_York-2015-A08616-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          8616
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    December 16, 2015
                                       ___________
        Introduced by M. of A. KAMINSKY -- read once and referred to the Commit-
          tee on Codes
        AN  ACT  to  amend  the  penal  law, in relation to establishing certain
          offenses based on homicide  due  to  criminal  sale  of  a  controlled
          substance,  establishing  the offense of criminal sale of a controlled
          substance to a child in the first degree, expanding the definition  of
          controlled substances with respect to certain offenses, increasing the
          felony  classification  of  certain  controlled substance offenses and
          including electronic prescriptions and blank prescription forms in the
          definition of certain controlled substance offenses
          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 three new sections
     2  125.28, 125.29 and 125.30 to read as follows:
     3  § 125.28 Homicide due to criminal sale of a controlled substance in  the
     4             third degree.
     5    A  person  is  guilty of homicide due to criminal sale of a controlled
     6  substance in the third degree when he or she:
     7    1. Commits the offense of: (a)  (i)  criminal  sale  of  a  controlled
     8  substance in the fifth degree as defined in section 220.31 of this chap-
     9  ter;  (ii)  criminal sale of a controlled substance in the fourth degree
    10  as defined in section 220.34 of this chapter; (iii) criminal sale  of  a
    11  controlled substance in the third degree as defined in section 220.39 of
    12  this chapter; (iv) criminal sale of a controlled substance in the second
    13  degree  as  defined  in  section 220.41 of this chapter; or (v) criminal
    14  sale of a controlled substance in the first degree as defined in section
    15  220.43 of this chapter; and
    16    (b) the controlled substance sold causes, or contributes to, the death
    17  of the person to whom the controlled substance was sold.
    18    2. It shall be a rebuttable presumption that the controlled  substance
    19  sold  pursuant  to subdivision one of this section caused or contributed
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13117-03-5