Bill Text: NY S00316 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the possession and sale of substances containing heroin in certain weights and packaging.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S00316 Detail]

Download: New_York-2019-S00316-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           316
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  ORTT  --  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  criminal  sale  and
          possession of substances containing heroin
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.  Subdivision 13 of section 220.16  of  the  penal  law,  as
     2  amended by chapter 75 of the laws of 1995, is amended and a new subdivi-
     3  sion 14 is added to read as follows:
     4    13.  phencyclidine  and  said  phencyclidine  weighs  one thousand two
     5  hundred fifty milligrams or more[.]; or
     6    14. one  or  more  preparations,  compounds,  mixtures  or  substances
     7  containing   heroin   and  said  preparations,  compounds,  mixtures  or
     8  substances are of an aggregate weight of 1.5  grams  or  more,  or  such
     9  preparations, compounds, mixtures or substances are packaged in fifty or
    10  more containers, packets or "decks".
    11    §  2.  Subdivision 7 of section 220.18 of the penal law, as amended by
    12  chapter 75 of the laws of 1995, is amended and a new  subdivision  8  is
    13  added to read as follows:
    14    7.  methadone  and  said  methadone  weighs two thousand eight hundred
    15  eighty milligrams or more[.]; or
    16    8.  one  or  more  preparations,  compounds,  mixtures  or  substances
    17  containing   heroin   and  said  preparations,  compounds,  mixtures  or
    18  substances are of an aggregate weight of twelve grams or more,  or  such
    19  preparations,  compounds,  mixtures  or  substances are packaged in four
    20  hundred or more containers, packets or "decks".
    21    § 3. Subdivision 2 of section 220.21 of the penal law, as  amended  by
    22  chapter  75  of  the laws of 1995, is amended and a new subdivision 3 is
    23  added to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02421-01-9

        S. 316                              2
     1    2. methadone and said methadone weighs  five  thousand  seven  hundred
     2  sixty milligrams or more[.]; or
     3    3.  one  or  more  preparations,  compounds,  mixtures  or  substances
     4  containing  heroin  and  said  preparations,  compounds,   mixtures   or
     5  substances  are  of an aggregate weight of twenty-four grams or more, or
     6  such preparations, compounds, mixtures or  substances  are  packaged  in
     7  eight hundred or more containers, packets or "decks".
     8    §  4.  Subdivision 7 of section 220.41 of the penal law, as amended by
     9  chapter 75 of the laws of 1995, is amended and a new  subdivision  8  is
    10  added to read as follows:
    11    7.   methadone and the methadone weighs three hundred sixty milligrams
    12  or more[.]; or
    13    8.  one  or  more  preparations,  compounds,  mixtures  or  substances
    14  containing   heroin   and   the  preparations,  compounds,  mixtures  or
    15  substances are of an aggregate weight of 1.5  grams  or  more,  or  such
    16  preparations, compounds, mixtures or substances are packaged in fifty or
    17  more containers, packets or "decks".
    18    §  5.  Subdivision 2 of section 220.43 of the penal law, as amended by
    19  chapter 75 of the laws of 1995, is amended and a new  subdivision  3  is
    20  added to read as follows:
    21    2.    methadone  and  the  methadone weighs two thousand eight hundred
    22  eighty milligrams or more[.]; or
    23    3.  one  or  more  preparations,  compounds,  mixtures  or  substances
    24  containing   heroin   and   the  preparations,  compounds,  mixtures  or
    25  substances are of an aggregate weight of six  grams  or  more,  or  such
    26  preparations, mixtures or substances are packaged in two hundred or more
    27  containers, packets or "decks".
    28    § 6. This act shall take effect on the first of November next succeed-
    29  ing the date upon which it shall have become a law.
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