NY State Senate Bill 2013-S7659

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2014	referred to codes delivered to assembly passed senate
Jun 03, 2014	ordered to third reading cal.1148 committee discharged and committed to rules
May 23, 2014	referred to codes

Votes

- Jun 9, 2014 - Floor Vote
  S7659
  
  46
  
  Aye
  
  7
  
  Nay
  
  6
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2014
      
      aye (46)
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Griffo
      
      Grisanti
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (7)
      
      Dilan
      
      Hoylman-Sigal
      
      Krueger
      
      Montgomery
      
      Perkins
      
      Rivera
      
      Squadron
      
      absent (6)
      
      Addabbo Jr.
      
      Espaillat
      
      Golden
      
      Hannon
      
      Sampson
      
      Sanders Jr.
      
      excused (2)
      
      Hassell-Thompson
      
      Smith
  Jun 3, 2014 - Rules Committee Vote
  S7659
  
  21
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 3, 2014
      
      aye (21)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (3)
      
      Krueger
      
      Parker
      
      Perkins
      
      excused (1)
      
      Espaillat

co-Sponsors

View additional co-sponsors

2013-S7659 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §220.00, add §§220.80 & 220.85, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S608
2017-2018: S607
2019-2020: S617

2013-S7659 (ACTIVE) - Summary

Relates to the transport of an opiate controlled substance.

2013-S7659 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7659

TITLE OF BILL:  An act to amend the penal law, in relation to the
transport of an opiate controlled substance

PURPOSE:  This bill would further criminalize the illegal transport of
an opiate controlled substance when it is transported any distance
greater than five miles within the state, or from one county to
another county within the state.

SUMMARY OF PROVISIONS:

Section 1 amends section 220.00 of the penal law by adding new
paragraph 21 that defines the term "opiate controlled substance" as a
controlled substance that is further classified under Public Health
Law as an opiate or opium derivative.

Section 2 amends the penal law to add new section 220.80, to create
the new crime of transport of an opiate controlled substance in the
second degree, a class E felony, that is committed when one unlawfully
transports an opiate controlled substance any distance greater than
five miles within the state, or from one county to another within the
state, when the opiate controlled substance is for the defendant's own
personal use.

This section also amends the penal law to add new section 220.85, to

create the new crime of transport of an opiate controlled substance in
the first degree, a class B felony, that is committed when one
unlawfully transports an opiate controlled substance any distance
greater than five miles within the state, or from one county to
another within the state. This section also creates a defense to the
crime in the first degree, if the defendant transported the opiate
controlled substance exclusively for the defendant's own personal use.
The defense does not constitute a defense to the crime transport of an
opiate controlled substance in the in the second degree, nor any other
crime.

Section 3 states that this act shall become establishes the effective
date as the ninetieth day after it becomes law.

JUSTIFICATION:  This bill criminalizes the mere movement of opiate
controlled substances within the state, regardless of weight.
Downstate, heroin sells for as little as $6-$10 a bag, where in
upstate communities, that same bag will sell for as much as $30-$50 a
bag. The lure of higher profits incentivizes many dealers to travel
far distances to sell heroin. In rural areas, dealers may travel 3
hours in one direction in order to sell heroin at higher prices. The
prevalence of opioid drugs has risen significantly in all areas of New
York State.  Rural and suburban areas are especially concerned about
the increase of heroin trafficking into their communities.

Under current law, both sale and possession are criminal offenses. By
criminalizing the unlawful transport of these dangerous and addictive
substances, law enforcement will have an additional tool to prosecute
dealers, especially those who travel far distances to increase their
profits.


This bill differentiates individuals who are traveling with opiate
controlled substances for users and dealers by providing a defense for
those traveling for personal use. Individuals, organizations and
companies with authorized possession of an opiate controlled substance
by prescription, license or other means within the authority of the
law are exempt.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect 90 days after it becomes
law.

2013-S7659 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7659

                            I N  S E N A T E

                              May 23, 2014
                               ___________

Introduced  by  Sens.  BOYLE,  BALL,  BONACIC, FELDER, GALLIVAN, GOLDEN,
  GRIFFO, HANNON, LANZA, LARKIN, LITTLE, MARCELLINO, MARCHIONE, MARTINS,
  MAZIARZ,  NOZZOLIO,  O'MARA,  RANZENHOFER,  RITCHIE,  ROBACH,  SAVINO,
  SEWARD,  VALESKY,  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 the transport of an opiate
  controlled substance

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 220.00 of the penal law is amended by adding a new
subdivision 21 to read as follows:
  21. "OPIATE CONTROLLED SUBSTANCE" MEANS ANY SUBSTANCE LISTED IN SCHED-
ULE I, II, III, IV OR V OF  SECTION  THIRTY-THREE  HUNDRED  SIX  OF  THE
PUBLIC HEALTH LAW THAT IS CLASSIFIED AS EITHER AN OPIATE OR OPIUM DERIV-
ATIVE UNDER SUCH LAW.
  S  2.  The  penal law is amended by adding two new sections 220.80 and
220.85 to read as follows:
S 220.80 TRANSPORT OF AN  OPIATE  CONTROLLED  SUBSTANCE  IN  THE  SECOND
           DEGREE.
  A  PERSON  IS GUILTY OF TRANSPORT OF AN OPIATE CONTROLLED SUBSTANCE IN
THE SECOND DEGREE  WHEN  HE  OR  SHE  UNLAWFULLY  TRANSPORTS  AN  OPIATE
CONTROLLED  SUBSTANCE  ANY  DISTANCE  GREATER THAN FIVE MILES WITHIN THE
STATE OR FROM ONE COUNTY WITHIN THE STATE TO ANOTHER COUNTY  WITHIN  THE
STATE, FOR HIS OR HER OWN PERSONAL USE.
  TRANSPORT  OF AN OPIATE CONTROLLED SUBSTANCE IN THE SECOND DEGREE IS A
CLASS E FELONY.
S 220.85 TRANSPORT OF  AN  OPIATE  CONTROLLED  SUBSTANCE  IN  THE  FIRST
           DEGREE.
  A  PERSON  IS GUILTY OF TRANSPORT OF AN OPIATE CONTROLLED SUBSTANCE IN
THE FIRST  DEGREE  WHEN  HE  OR  SHE  UNLAWFULLY  TRANSPORTS  AN  OPIATE
CONTROLLED  SUBSTANCE  ANY  DISTANCE  GREATER THAN FIVE MILES WITHIN THE
STATE OR FROM ONE COUNTY WITHIN THE STATE TO ANOTHER COUNTY  WITHIN  THE
STATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
S                                                          LBD15346-01-4

S. 7659                             2

  IT  SHALL  BE  A  DEFENSE  TO  THE  CRIME  OF  TRANSPORT  OF AN OPIATE
CONTROLLED SUBSTANCE IN THE FIRST  DEGREE  THAT  THE  OPIATE  CONTROLLED
SUBSTANCE  TRANSPORTED  WAS EXCLUSIVELY FOR THE DEFENDANT'S OWN PERSONAL
USE. NOTHING CONTAINED IN THIS PARAGRAPH SHALL CONSTITUTE A DEFENSE TO A
PROSECUTION  FOR,  OR  PRECLUDE  A CONVICTION OF, TRANSPORT OF AN OPIATE
CONTROLLED SUBSTANCE IN THE SECOND DEGREE OR ANY OTHER CRIME.
  TRANSPORT OF AN OPIATE CONTROLLED SUBSTANCE IN THE FIRST DEGREE  IS  A
CLASS B FELONY.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Senate Bill S7659

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 9, 2014 - Floor Vote

Floor Vote: Jun 9, 2014

Jun 3, 2014 - Rules Committee Vote

Rules Committee Vote: Jun 3, 2014

co-Sponsors

2013-S7659 (ACTIVE) - Details

2013-S7659 (ACTIVE) - Summary

2013-S7659 (ACTIVE) - Sponsor Memo

2013-S7659 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7659

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

2013-S7659 (ACTIVE) - Details

2013-S7659 (ACTIVE) - Summary

2013-S7659 (ACTIVE) - Sponsor Memo

2013-S7659 (ACTIVE) - Bill Text download pdf

Comments