Bill Text: NY S02761 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 2761 (Prior Session Legislation)

Introduced

Bill Title: Establishes the crime of homicide by sale of an opiate controlled substance; makes such crime a class A-1 felony.

Spectrum: Partisan Bill (Republican 20-1)

Status: (Engrossed - Dead) 2018-03-21 - referred to codes [S02761 Detail]

Download: New_York-2017-S02761-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          2761
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 17, 2017
                                       ___________
        Introduced  by  Sens.  AMEDORE,  AKSHAR,  BOYLE, CROCI, FUNKE, GALLIVAN,
          GOLDEN, LARKIN, MARCHIONE, MURPHY, O'MARA, ROBACH, YOUNG -- 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 enacting "Laree's law"
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  "Laree's law".
     3    § 2. Section 220.00 of the penal law is amended by adding a new subdi-
     4  vision 21 to read as follows:
     5    21. "Opiate controlled substance" means any substance listed in sched-
     6  ule I, II, III, IV or V of  section  thirty-three  hundred  six  of  the
     7  public health law that is classified as either an opiate or opium deriv-
     8  ative under such law.
     9    §  3.  The penal law is amended by adding a new section 125.24 to read
    10  as follows:
    11  § 125.24 Homicide by sale of an opiate controlled substance.
    12    A person is guilty  of  homicide  by  sale  of  an  opiate  controlled
    13  substance  when  he  or  she unlawfully transports by importing into the
    14  state or transporting within the state from one county into another,  or
    15  unlawfully sells as defined by subdivision one of section 220.00 of this
    16  chapter,  an opiate controlled substance as defined by subdivision twen-
    17  ty-one of section 220.00 of this chapter,  and  such  opiate  controlled
    18  substance causes the death of another person.
    19    It  shall  be  a  defense  to homicide by sale of an opiate controlled
    20  substance that the defendant jointly  and  simultaneously  acquired  and
    21  possessed  such  opiate  controlled  substance  for  joint  use with the
    22  deceased, with the intent to jointly inject, inhale or otherwise  ingest
    23  such opiate controlled substance.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03803-01-7

        S. 2761                             2
     1    Homicide  by  sale  of  an  opiate controlled substance is a class A-I
     2  felony.
     3    §  4.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.