A07985 Summary:
BILL NO | A07985 |
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SAME AS | No Same As |
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SPONSOR | Slater |
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COSPNSR | Gallahan, Flood, Durso, Brown E, Gandolfo, Walsh, DeStefano, Gray, Maher, Angelino, Brabenec, Blankenbush, Tague, Bendett, Beephan, Hawley, Byrnes, Brown K, Jensen, Norris |
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MLTSPNSR | |
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Add §125.30, Pen L | |
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Establishes the crime of criminal sale of a controlled substance resulting in death, a class A-1 felony. |
A07985 Actions:
BILL NO | A07985 | |||||||||||||||||||||||||||||||||||||||||||||||||
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08/18/2023 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
01/03/2024 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
04/09/2024 | held for consideration in codes |
A07985 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A7985 SPONSOR: Slater
  TITLE OF BILL: An act to amend the penal law, in relation to establishing the crime of criminal sale of a controlled substance resulting in death, a class A-1 felony   PURPOSE OR GENERAL IDEA OF BILL: Establishes the crime of criminal sale of a controlled substance result- ing in death.   SUMMARY OF PROVISIONS: A person is guilty of criminal sale of a controlled substance resulting in death when he or she sells, exchanges, gives, disposes of or supplies to the victim a controlled substance listed as schedule I, II, III, IV, or V and the use of such controlled substance causes the death of the victim. Criminal Sale of a controlled substance resulting in death is a class A-1 felony.   JUSTIFICATION: The opioid epidemic that our country is facing and that our local commu- nities are dealing with every day, is becoming more and more deadly with the increasing prevalence of Fentanyl and Xylazine. These substances are often mixed in with other illicit substances to increase potency while keeping costs down. This increased potency has exacerbated the opioid crisis. As a result, overdose deaths across the state and country have significantly increased due to the presence of Fentanyl and Xylazine in various drugs. Currently, it is very difficult for prosecutors to hold dealers account- able for the deaths they are causing. At the federal level the dealers can be charged for this crime, but often times federal prosecutors elect not to go after these lower level dealers. This bill would give the same tools that federal prosecutors have to our state and local officials so they can hold these dealers accountable for the deaths they cause. Those that sell these drugs know how dangerous they are and when the substances they sell result in the death of someone else, the dealers should be held responsible for that death.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
A07985 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 7985 2023-2024 Regular Sessions IN ASSEMBLY August 18, 2023 ___________ Introduced by M. of A. SLATER -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to establishing the crime of criminal sale of a controlled substance resulting in death, a class A-1 felony 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 a new section 125.30 to 2 read as follows: 3 § 125.30 Criminal sale of a controlled substance resulting in death. 4 A person is guilty of criminal sale of a controlled substance result- 5 ing in death when he or she, in violation of article thirty-three of the 6 public health law, sells, exchanges, gives, disposes of or supplies to 7 the victim a controlled substance listed in schedule I, II, III, IV or V 8 of section thirty-three hundred six of the public health law and the use 9 of such controlled substance causes the death of the victim. 10 Criminal sale of a controlled substance resulting in death is a class 11 A-1 felony. 12 § 2. This act shall take effect on the thirtieth day after it shall 13 have become a law. Effective immediately, the addition, amendment and/or 14 repeal of any rule or regulation necessary for the implementation of 15 this act on its effective date are authorized to be made and completed 16 on or before such effective date. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13108-01-3