NY State Senate Bill 2015-S6632A

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
May 17, 2016	referred to health delivered to assembly passed senate
May 16, 2016	ordered to third reading cal.849 committee discharged and committed to rules
Apr 20, 2016	print number 6632a
Apr 20, 2016	amend (t) and recommit to health
Feb 01, 2016	referred to health

Votes

- May 17, 2016 - Floor Vote
  S6632A
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 17, 2016
      
      aye (58)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Martins
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (5)
      
      Breslin
      
      Diaz
      
      Marchione
      
      Nozzolio
      
      Seward
  May 16, 2016 - Rules Committee Vote
  S6632A
  
  22
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 16, 2016
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Parker
      
      Robach
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (3)
      
      Dilan
      
      Montgomery
      
      Perkins

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S6632 - Details

Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §3306, Pub Health L; amd §§220.41 & 220.43, Pen L
Versions Introduced in 2017-2018 Legislative Session:: S933

2015-S6632 - Summary

Designates certain substances as schedule I opiates controlled substances; includes within the offenses of criminal sale of a controlled substance in the second and first degrees, the sale of certain amounts of preparations, compounds, mixtures or substances containing heroin and schedule I opiates.

2015-S6632 - Sponsor Memo

                                 BILL NUMBER:  S6632             REVISED MEMO 02/17/16

 TITLE OF BILL :  An act to amend the public health law, in relation
to designating certain substances as schedule I or schedule II
opiates; and to amend the penal law, in relation to the sale of
preparations, compounds mixtures and substances containing heroin and
an opiate

 PURPOSE :

This bill adds new derivates of fentanyl to the controlled substance
schedule and increases criminal penalties for the sale of an opiate
containing a fentanyl derivative.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one of the bill adds two new fentanyl derivatives to Schedule
I, bringing New York's schedule in line with the current Federal
Schedule.

Section two of the bill adds two new fentanyl derivates to Schedule
II, bringing New York in to line with the Federal Schedule.

Section three of the bill adds a new subdivision to section 220.41 of
the penal law, making it an A-II felony to knowingly and unlawfully
sell one quarter once of fentanyl or more.

Section four of this bill adds a new subdivision to section 220.43 of
the penal law, making it an A-I felony to knowingly and unlawfully
sell one ounce of fentanyl or more.

Section five is the effective date.

 JUSTIFICATION :

Fentanyl is a strong pain medication, that when administered in a
medical setting, is often combined with anesthesia to prevent surgery
related pain. When improperly used, the effects of fentanyl can lead
to serious or life threatening respiratory problems.  It has been
reported that fentanyl has a similar euphoric effect to morphine and
heroin. However, according to the New York Times, fentanyl is 100
times as powerful as morphine and much deadlier than heroin since it
requires more naloxone (a drug used to reverse the effects of an
opiate overdose).

The prevalence of fentanyl abuse has been on the rise. Due to the fact
that fentanyl is cheaper than heroin, drug dealers have been mixing
fentanyl with heroin in order to produce a cheaper product, which far
too often results in a lethal combination.

In 2015, the Drug Enforcement Administration submitted a nationwide
alert about fentanyl-laced heroin and reported that the number of
fentanyl-related cases increased from 942 in 2013, to 3,344 in 2014.
The Onondoga County Health Department reported that one-third of
heroin overdose deaths involved the presence of fentanyl.
Furthermore, the tragic event of 23 deaths in Buffalo within a ten day
period in early February 2016 contributes to the ongoing concerns
regarding the presence of fentanyl in New York. By adding additional
fentanyl derivatives to the controlled substance schedule, and by
increasing criminal penalties for the sale of opiates containing
fentanyl, we can deter criminal behavior, and help save lives.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect 90 days after enactment.

2015-S6632 - Bill Text download pdf

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

                                  6632

                            I N  S E N A T E

                            February 1, 2016
                               ___________

Introduced by Sens. CROCI, MURPHY -- read twice and ordered printed, and
  when printed to be committed to the Committee on Health

AN  ACT  to  amend  the  public  health  law, in relation to designating
  certain substances as schedule I or schedule II opiates; and to  amend
  the  penal  law,  in  relation  to the sale of preparations, compounds
  mixtures and substances containing heroin and an opiate

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

  Section 1. Subdivision (b) of schedule I of section 3306 of the public
health  law is amended by adding two new paragraphs 56 and 57 to read as
follows:
  (56) ACETYLFENTANYL (N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLACETAMIDE).
  (57) BUTYRFENTANYL  (N-(1-(2-PHENYLETHYL)-4-PIPERIDINYL)  -N-PHENYLBU-
TYRAMIDE).
  S2.  Subdivision  (c)  of  schedule  II  of section 3306 of the public
health law is amended by adding two new paragraphs 29 and 30 to read  as
follows:
  (29)     REMIFENTANIL     (ALSO     KNOWN     AS    ULTIVA)    (METHYL
1-(3-METHOXY-3-OXOPROPYL)-4-(N-PHENYLPROPANAMIDO)  PIPERIDINE-4-CARBOXY-
LATE).
  (30)  SUFENTANIL  (ALSO  KNOWN  AS  SUFENTA) (N-[4-METHOXYMETHY1)-1-(2
-THIOFURAN-2-YLETHYL)-4-PIPERIDYL]-N-PHENYLPROPANAMIDE).
  S 3. Subdivision 7 of section 220.41 of the penal law, as  amended  by
chapter  75  of  the laws of 1995, is amended and a new subdivision 8 is
added to read as follows:
  7. methadone and the methadone weighs three hundred  sixty  milligrams
or more[.]; OR
  8.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
CONTAINING HEROIN AND AN OPIATE, DEFINED IN SUBDIVISION (B) OF  SCHEDULE
I  OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW, AND THE
PREPARATIONS, COMPOUNDS, MIXTURES OR  SUBSTANCES  ARE  OF  AN  AGGREGATE
WEIGHT OF ONE-QUARTER OUNCE OR MORE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13863-01-6

S. 6632                             2

  S  4.  Subdivision 2 of section 220.43 of the penal law, as amended by
chapter 75 of the laws of 1995, is amended and a new  subdivision  3  is
added to read as follows:
  2.  methadone  and  the  methadone  weighs  two thousand eight hundred
eighty milligrams or more[.]; OR
  3.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
CONTAINING  HEROIN AND AN OPIATE, DEFINED IN SUBDIVISION (B) OF SCHEDULE
I OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW, AND  THE
PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES  ARE OF AN AGGREGATE
WEIGHT OF ONE OUNCE OR MORE.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

co-Sponsors

View additional co-sponsors

2015-S6632A (ACTIVE) - Details

Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §3306, Pub Health L; amd §§220.41 & 220.43, Pen L
Versions Introduced in 2017-2018 Legislative Session:: S933

2015-S6632A (ACTIVE) - Summary

2015-S6632A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6632A

 TITLE OF BILL :

An act to amend the public health law, in relation to designating
certain substances as schedule I opiates; and to amend the penal law,
in relation to the sale of preparations, compounds mixtures and
substances containing heroin and an opiate

 PURPOSE :

This bill adds new derivates of fentanyl to the controlled substance
schedule and increases criminal penalties for the sale of an opiate
containing a fentanyl derivative.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one of the bill adds three new fentanyl derivatives to
Schedule I, bringing New York's schedule in line with the current
Federal Schedule.

Section two of the bill adds a new subdivision to section 220.41 of
the penal law, making it an A-II felony to knowingly and unlawfully
sell one quarter once of fentanyl or more.

Section three of this bill adds a new subdivision to section 220.43 of

the penal law, making it an A-I felony to knowingly and unlawfully
sell one ounce of fentanyl or more.

Section four is the effective date.

 JUSTIFICATION :

Fentanyl is a strong pain medication, that when administered in a
medical setting, is often combined with anesthesia to prevent surgery
related pain. When improperly used, the effects of fentanyl can lead
to serious or life threatening respiratory problems.

It has been reported that fentanyl has a similar euphoric effect to
morphine and heroin. However, according to the New York Times,
fentanyl is 100 times as powerful as morphine and much deadlier than
heroine since it requires more naloxone (a drug used to reverse the
effects of an opiate overdose).

The prevalence of fentanyl abuse has been on the rise. Due to the fact
that fentanyl is cheaper than heroin, drug dealers have been mixing
fentanyl with heroin in order to produce a cheaper product, which far
too often results in a lethal combination.

In 2015, the Drug Enforcement Administration submitted a nationwide
alert about fentanyl-laced herion and reported that the number of
fentanyl-related cases increased from 942 in 2013, to 3,344 in 2014.
The Onondoga County Health Department reported that one-third of
heroin overdose deaths involved the presence of fentanyl. By adding
additional fentanyl derivatives to the controlled substance schedule,
and by increasing criminal penalties for the sale of opiates
containing fentanyl, we can deter criminal behavior, and help save
lives.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None to the State.
 EFFECTIVE DATE :
This act shall take effect 90 days after enactment.

2015-S6632A (ACTIVE) - Bill Text download pdf

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

                                 6632--A

                            I N  S E N A T E

                            February 1, 2016
                               ___________

Introduced  by  Sens.  CROCI,  AKSHAR,  MURPHY,  ORTT  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Health  --  committee  discharged,  bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the  public  health  law,  in  relation  to  designating
  certain  substances as schedule I opiates; and to amend the penal law,
  in relation to  the  sale  of  preparations,  compounds  mixtures  and
  substances containing heroin and an opiate

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

  Section 1. Subdivision (b) of schedule I of section 3306 of the public
health law is amended by adding three new paragraphs 56, 57  and  58  to
read as follows:
  (56) ACETYLFENTANYL (N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLACETAMIDE).
  (57)  BUTYRYL FENTANYL (N- (L-PHENETHYLPIPERIDIN-4-YL) -N-PHENYLBUTYR-
AMIDE), ITS ISOMERS, ESTERS, ETHERS, SALTS AND SALTS OF ISOMERS,  ESTERS
AND ETHERS.
  (58)   BETA-HYDROXYTHIOFENTANYL(N-[1-[2-HYDROXY-2-(THIOPEN-2-YL)ETHYL]
PIPERIDIN-4-YL]-N-PHENYLPROPIONAMIDE),  ITS  ISOMERS,  ESTERS,   ETHERS,
SALTS AND SALTS OF ISOMERS, ESTERS AND ETHERS.
  S  2.  Subdivision 7 of section 220.41 of the penal law, as amended by
chapter 75 of the laws of 1995, is amended and a new  subdivision  8  is
added to read as follows:
  7.  methadone  and the methadone weighs three hundred sixty milligrams
or more[.]; OR
  8.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
CONTAINING  HEROIN AND AN OPIATE, DEFINED IN SUBDIVISION (B) OF SCHEDULE
I OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW, AND  THE
PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES  ARE OF AN AGGREGATE
WEIGHT OF ONE-QUARTER OUNCE OR MORE.
  S 3. Subdivision 2 of section 220.43 of the penal law, as  amended  by
chapter  75  of  the laws of 1995, is amended and a new subdivision 3 is
added to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13863-02-6

S. 6632--A                          2

  2. methadone and the  methadone  weighs  two  thousand  eight  hundred
eighty milligrams or more[.]; OR
  3.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
CONTAINING HEROIN AND AN OPIATE, DEFINED IN SUBDIVISION (B) OF  SCHEDULE
I  OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW, AND THE
PREPARATIONS, COMPOUNDS, MIXTURES OR  SUBSTANCES  ARE  OF  AN  AGGREGATE
WEIGHT OF ONE OUNCE OR MORE.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Senate Bill S6632A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

May 17, 2016 - Floor Vote

Floor Vote: May 17, 2016

May 16, 2016 - Rules Committee Vote

Rules Committee Vote: May 16, 2016

Bill Amendments

co-Sponsors

2015-S6632 - Details

2015-S6632 - Summary

2015-S6632 - Sponsor Memo

2015-S6632 - Bill Text download pdf

co-Sponsors

2015-S6632A (ACTIVE) - Details

2015-S6632A (ACTIVE) - Summary

2015-S6632A (ACTIVE) - Sponsor Memo

2015-S6632A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6632A

Share this bill

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2015-S6632 - Details

2015-S6632 - Summary

2015-S6632 - Sponsor Memo

2015-S6632 - Bill Text download pdf

co-Sponsors

2015-S6632A (ACTIVE) - Details

2015-S6632A (ACTIVE) - Summary

2015-S6632A (ACTIVE) - Sponsor Memo

2015-S6632A (ACTIVE) - Bill Text download pdf

Comments