STATE OF NEW YORK ________________________________________________________________________ 4726 2019-2020 Regular Sessions IN SENATE March 22, 2019 ___________ Introduced by Sens. AMEDORE, AKSHAR, BOYLE, FUNKE, GALLIVAN, JORDAN, O'MARA, ROBACH -- 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. 24 Homicide by sale of an opiate controlled substance is a class A-I 25 felony. 26 § 4. This act shall take effect on the ninetieth day after it shall 27 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07850-01-9