Bill Text: NY S07805 | 2023-2024 | General Assembly | Introduced

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Bill Title: Permits award of crime victim assistance funds to victims of overdoses, where such overdoses cause death and were the result of deception, surreptitious delivery, or third-party administration of a controlled substance.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S07805 Detail]

Download: New_York-2023-S07805-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7805

                               2023-2024 Regular Sessions

                    IN SENATE

                                    December 13, 2023
                                       ___________

        Introduced  by  Sen.  MURRAY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the executive law, in relation to  the  award  of  crime
          victim  assistance funds to victims of overdoses, where such overdoses
          were the result of deception, surreptitious delivery,  or  third-party
          administration of a controlled substance which causes death

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subparagraph (ii) of paragraph  (e)  of  subdivision  1  of
     2  section 632-a of the executive law, as amended by section 24 of part A-1
     3  of chapter 56 of the laws of 2010, is amended to read as follows:
     4    (ii)  Notwithstanding the provisions of subparagraph (i) of this para-
     5  graph a "specified crime" shall not mean or include an  offense  defined
     6  in  any of the following articles of the penal law: articles one hundred
     7  fifty-eight, one hundred seventy-eight, [two hundred twenty, two hundred
     8  twenty-one,] two hundred twenty-five, and two hundred thirty.
     9    § 2. Paragraph (e) of subdivision 1 of section 632-a of the  executive
    10  law is amended by adding a new subparagraph (iii) to read as follows:
    11    (iii) Notwithstanding the provisions of subparagraph (i) of this para-
    12  graph  a  "specified crime" shall not mean or include an offense defined
    13  in article two hundred twenty of the penal law unless it is demonstrated
    14  that such offense (A) involves the death of  the  victim;  (B)  involves
    15  deception,  surreptitious  delivery,  or third-party administration of a
    16  controlled substance by another person; and (C) the victim's consumption
    17  of the controlled substance was predicated upon, or a direct result  of,
    18  the  deception, surreptitious delivery, or third-party administration by
    19  another person. For purposes of this subparagraph, an act of "deception"
    20  shall include, but not be limited to, a circumstance where a third-party
    21  sells, administers, delivers, or causes delivery of a mixture, compound,
    22  or combination of substances and does not disclose to the immediate next

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13551-01-3
        S. 7805                             2

     1  recipient the full and accurate listing of substances contained in  such
     2  mixture, compound, or combination of substances.
     3    §  3. Subdivision 5 of section 621 of the executive law, as amended by
     4  chapter 189 of the laws of 2018, is amended to read as follows:
     5    5. "Victim" shall mean (a) a  person  who  suffers  personal  physical
     6  injury  as a direct result of a crime; (b) a person who is the victim of
     7  either the crime of (1) unlawful imprisonment in  the  first  degree  as
     8  defined in section 135.10 of the penal law, (2) kidnapping in the second
     9  degree  as defined in section 135.20 of the penal law, (3) kidnapping in
    10  the first degree as defined in section 135.25  of  the  penal  law,  (4)
    11  menacing  in  the first degree as defined in section 120.13 of the penal
    12  law, (5) criminal obstruction  of  breathing  or  blood  circulation  as
    13  defined in section 121.11 of the penal law, (6) harassment in the second
    14  degree  as defined in section 240.26 of the penal law, (7) harassment in
    15  the first degree as defined in section 240.25  of  the  penal  law,  (8)
    16  aggravated  harassment  in  the  second degree as defined in subdivision
    17  three or five of section 240.30 of the penal law, (9) aggravated harass-
    18  ment in the first degree as defined in subdivision two of section 240.31
    19  of the penal law, (10) criminal contempt in the first degree as  defined
    20  in  subdivision  (b)  or  subdivision (c) of section 215.51 of the penal
    21  law, (11) stalking in the fourth,  third,  second  or  first  degree  as
    22  defined  in sections 120.45, 120.50, 120.55 and 120.60 of the penal law,
    23  (12) labor trafficking as defined in section 135.35 of  the  penal  law,
    24  (13)  sex  trafficking as defined in section 230.34 of the penal law; or
    25  (14) sex trafficking of a child as defined in section  230.34-a  of  the
    26  penal  law;  a vulnerable elderly person or an incompetent or physically
    27  disabled person as defined in section 260.31 of the penal law who incurs
    28  a loss of savings as defined in subdivision twenty-four of this section;
    29  or a person who has had a frivolous lawsuit filed against them; and  (c)
    30  a  person  who  suffers  death  as  a result of deception, surreptitious
    31  delivery, or third-party administration of  a  controlled  substance  by
    32  another  person under circumstances articulated in subparagraph (iii) of
    33  paragraph (e) of subdivision one of section six hundred thirty-two-a  of
    34  this article.
    35    § 4. This act shall take effect immediately.