NY State Assembly Bill 2017-A9050

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 18, 2018	referred to codes

2017-A9050 (ACTIVE) - Details

See Senate Version of this Bill:: S2744
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7169
2019-2020: A4414

2017-A9050 (ACTIVE) - Summary

Amends various provisions prohibiting the sale of controlled substances; includes sale of certain compounds.

2017-A9050 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9050
 
                           I N  A S S E M B L Y
 
                             January 18, 2018
                                ___________
 
 Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend  the  penal  law,  in  relation  to  certain  controlled
   substance offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 7 of  section  220.00  of  the  penal  law,  as
 amended  by  chapter  664  of  the  laws  of 1985, is amended to read as
 follows:
   7. "Narcotic drug" means any controlled substance listed  in  schedule
 I(b), I(c), II(b) or II(c) other than methadone OR HEROIN.
   §  2. The opening paragraph and subdivision 8 of section 220.06 of the
 penal law, the opening paragraph as amended by chapter 75 of the laws of
 1995, subdivision 8 as added by chapter 264 of the  laws  of  2003,  are
 amended and a new subdivision 9 is added to read as follows:
   A person is guilty of criminal possession of a controlled substance in
 the fifth degree when he OR SHE knowingly and unlawfully possesses:
   8.  one  or  more  preparations,  compounds,  mixtures  or  substances
 containing gamma hydroxybutyric acid, as defined in  paragraph  four  of
 subdivision (e) of schedule I of section thirty-three hundred six of the
 public  health  law,  and  said  preparations,  compounds,  mixtures  or
 substances are of an aggregate weight of twenty-eight grams or  more[.];
 OR
   9.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  HEROIN,  AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES   OR
 SUBSTANCES  ARE  OF  AN  AGGREGATE  WEIGHT OF FIVE HUNDRED MILLIGRAMS OR
 MORE.
   § 3. The opening paragraph and subdivision 15 of section 220.09 of the
 penal law, the opening paragraph as amended by chapter 75 of the laws of
 1995 and subdivision 15 as added by chapter 264 of the laws of 2003, are
 amended and two new subdivisions 16 and 17 are added to read as follows:
   A person is guilty of criminal possession of a controlled substance in
 the fourth degree when he OR SHE knowingly and unlawfully possesses:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06020-01-7

 A. 9050                             2
 
   15. one  or  more  preparations,  compounds,  mixtures  or  substances
 containing  gamma  hydroxybutyric  acid, as defined in paragraph four of
 subdivision (e) of schedule I of section thirty-three hundred six of the
 public  health  law,  and  said  preparations,  compounds,  mixtures  or
 substances  are  of an aggregate weight of two hundred grams or more[.];
 OR
   16. ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING HEROIN, ITS SALTS, ISOMERS OR SALTS OF ISOMERS AND SAID PREP-
 ARATIONS,  COMPOUNDS,  MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE WEIGHT
 OF ONE GRAM OR MORE; OR
   17. ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  TWO  OR  MORE CONTROLLED SUBSTANCES, THEIR SALTS, ISOMERS OR
 SALTS  OF  ISOMERS,  AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES   OR
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF THREE GRAMS OR MORE.
   § 4. The opening paragraph and subdivision 13 of section 220.16 of the
 penal law, as amended by chapter 75 of the laws of 1995, are amended and
 two new subdivisions 14 and 15 are added to read as follows:
   A person is guilty of criminal possession of a controlled substance in
 the third degree when he OR SHE knowingly and unlawfully possesses:
   13.  phencyclidine  and  said  phencyclidine  weighs  one thousand two
 hundred fifty milligrams or more[.]; OR
   14. ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING HEROIN, ITS SALTS, ISOMERS OR SALTS OF ISOMERS AND SAID PREP-
 ARATIONS,  COMPOUNDS,  MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE WEIGHT
 OF TWO GRAMS OR MORE; OR
   15. ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  TWO  OR  MORE CONTROLLED SUBSTANCES, THEIR SALTS, ISOMERS OR
 SALTS  OF  ISOMERS,  AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES   OR
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF SIX GRAMS OR MORE.
   §  5.  Subdivision 7 of section 220.18 of the penal law, as amended by
 chapter 75 of the laws of 1995, is amended and two  new  subdivisions  8
 and 9 are added to read as follows:
   7.  methadone  and  said  methadone  weighs two thousand eight hundred
 eighty milligrams or more[.]; OR
   8.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING HEROIN, ITS SALTS, ISOMERS OR SALTS OF ISOMERS AND SAID PREP-
 ARATIONS,  COMPOUNDS,  MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE WEIGHT
 OF FIVE GRAMS OR MORE; OR
   9.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  TWO  OR  MORE CONTROLLED SUBSTANCES, THEIR SALTS, ISOMERS OR
 SALTS  OF  ISOMERS,  AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES   OR
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF THIRTY-SIX GRAMS OR MORE.
   §  6.  Subdivision 2 of section 220.21 of the penal law, as amended by
 chapter 75 of the laws of 1995, is amended and two  new  subdivisions  3
 and 4 are added to read as follows:
   2.  methadone  and  said  methadone weighs five thousand seven hundred
 sixty milligrams or more[.]; OR
   3.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING HEROIN, ITS SALTS, ISOMERS OR SALTS OF ISOMERS AND SAID PREP-
 ARATIONS,  COMPOUNDS,  MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE WEIGHT
 OF TWENTY-FIVE GRAMS OR MORE; OR
   4.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  TWO  OR  MORE CONTROLLED SUBSTANCES, THEIR SALTS, ISOMERS OR
 SALTS  OF  ISOMERS,  AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES   OR
 SUBSTANCES  ARE  OF  AN  AGGREGATE WEIGHT OF ONE HUNDRED EIGHTY GRAMS OR
 MORE.

 A. 9050                             3
 
   § 7. The opening paragraph and subdivision 9 of section 220.39 of  the
 penal  law, the opening paragraph as amended by chapter 1051 of the laws
 of 1973 and subdivision 9 as added by chapter 410 of the laws  of  1979,
 are  amended  and  two  new  subdivisions 10 and 11 are added to read as
 follows:
   A  person  is guilty of criminal sale of a controlled substance in the
 third degree when he OR SHE knowingly and unlawfully sells:
   9. a narcotic preparation to  a  person  less  than  twenty-one  years
 old[.]; OR
   10.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR SUBSTANCES
 CONTAINING TWO OR MORE CONTROLLED SUBSTANCES, THEIR  SALTS,  ISOMERS  OR
 SALTS   OF  ISOMERS,  AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF EIGHT GRAMS OR MORE; OR
   11. HEROIN.
   § 8. The opening paragraph and subdivision 7 of section 220.41 of  the
 penal  law, the opening paragraph as added by chapter 276 of the laws of
 1973 and subdivision 7 as amended by chapter 75 of the laws of 1995, are
 amended and two new subdivisions 8 and 9 are added to read as follows:
   A person is guilty of criminal sale of a controlled substance  in  the
 second degree when he OR SHE knowingly and unlawfully sells:
   7.  methadone  and the methadone weighs three hundred sixty milligrams
 or more[.]; OR
   8.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING HEROIN, ITS SALTS, ISOMERS OR SALTS OF ISOMERS AND SAID PREP-
 ARATIONS,  COMPOUNDS,  MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE WEIGHT
 OF FIVE GRAMS OR MORE; OR
   9.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  TWO  OR  MORE CONTROLLED SUBSTANCES, THEIR SALTS, ISOMERS OR
 SALTS  OF  ISOMERS,  AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES   OR
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF SIXTEEN GRAMS OR MORE.
   § 9. Section 220.43 of the penal law, as amended by chapter 785 of the
 laws  of 1975, subdivisions 1 and 2 as amended by chapter 75 of the laws
 of 1995, is amended to read as follows:
 § 220.43 Criminal sale of a controlled substance in the first degree.
   A person is guilty of criminal sale of a controlled substance  in  the
 first degree when he OR SHE knowingly and unlawfully sells:
   1.  one  or  more  preparations,  compounds,  mixtures  or  substances
 containing a narcotic drug and the preparations, compounds, mixtures  or
 substances are of an aggregate weight of two ounces or more; or
   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, ITS SALTS, ISOMERS OR SALTS OF ISOMERS AND SAID PREP-
 ARATIONS,  COMPOUNDS,  MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE WEIGHT
 OF TWENTY-FIVE GRAMS OR MORE; OR
   4.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  TWO  OR  MORE CONTROLLED SUBSTANCES, THEIR SALTS, ISOMERS OR
 SALTS  OF  ISOMERS,  AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES   OR
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF FORTY GRAMS OR MORE.
   Criminal sale of a controlled substance in the first degree is a class
 A-I felony.
   §  10. Section 220.46 of the penal law, as added by chapter 896 of the
 laws of 1971, is amended to read as follows:
 § 220.46 Criminal injection of a narcotic drug.
   A person is guilty of criminal injection of a narcotic drug when  he
 OR  SHE  knowingly  and  unlawfully possesses a narcotic drug OTHER THAN

 A. 9050                             4

 FENTANYL and he OR SHE intentionally injects by means  of  a  hypodermic
 syringe  or  hypodermic  needle all or any portion of that drug into the
 body of another person with the latter's consent.
   Criminal injection of a narcotic drug is a class E felony.
   §  11. The penal law is amended by adding a new section 220.47 to read
 as follows:
 § 220.47 CRIMINAL INJECTION OF HEROIN OR FENTANYL.
   A PERSON IS GUILTY OF CRIMINAL INJECTION OF HEROIN OR FENTANYL WHEN HE
 OR SHE KNOWINGLY AND UNLAWFULLY POSSESSES HEROIN OR FENTANYL AND  HE  OR
 SHE INTENTIONALLY INJECTS BY MEANS OF A HYPODERMIC SYRINGE OR HYPODERMIC
 NEEDLE  ALL  OR ANY PORTION OF THAT DRUG INTO THE BODY OF ANOTHER PERSON
 WITH THE LATTER'S CONSENT.
   CRIMINAL INJECTION OF HEROIN OR FENTANYL IS A CLASS C FELONY.
   § 12. Section 220.60 of the penal law, as amended by  chapter  276  of
 the  laws  of  1973 and subdivisions (e) and (f) as amended and subdivi-
 sions (g) and (h) as added by chapter  394  of  the  laws  of  1974,  is
 amended to read as follows:
 § 220.60 Criminal possession of precursors of controlled substances.
   A  person  is  guilty  of  criminal  possession  of precursors of con-
 trolled substances when, with intent to manufacture  a  controlled  sub-
 stance unlawfully, he OR SHE possesses at the same time:
   (a)  carbamide  (urea) and propanedioc and malonic acid or its deriva-
 tives; or
   (b) ergot or an ergot derivative and diethylamine or dimethylformamide
 or diethylamide; or
   (c) phenylacetone (1-phenyl-2 propanone) and hydroxylamine or  ammonia
 or formamide or benzaldehyde or nitroethane or methylamine.
   (d) pentazocine and methyliodide; or
   (e)  phenylacetonitrile  and  dichlorodiethyl  methylamine or dichlor-
 odiethyl benzylamine; or
   (f) [diephenylacetonitrile] DIPHENYLACETONITRILE and dimethylaminoiso-
 propyl chloride; or
   (g) piperidine and  cyclohexanone  and  bromobenzene  and  lithium  or
 magnesium; or
   (h)  2, 5-dimethoxy benzaldehyde and nitroethane and a reducing agent;
 OR
   (I) ACETIC ANHYDRIDE AND SODIUM CARBONATE AND AMMONIUM CHLORIDE.
   Criminal  [prossession]  POSSESSION  of   precursors   of   controlled
 substances is a class E felony.
   §  13.  Subdivision  1  of section 230.34 of the penal law as added by
 chapter 74 of the laws of 2007, is amended to read as follows:
   1. unlawfully providing to a person who is patronized, with intent  to
 impair  said person's judgment: (a) a narcotic drug or a narcotic prepa-
 ration; (b) concentrated cannabis as defined in paragraph (a) of  subdi-
 vision  four  of  section  thirty-three hundred two of the public health
 law; (c) methadone; [or] (d) gamma-hydroxybutyrate (GHB) or flunitrazep-
 an, also known as Rohypnol; OR (E) HEROIN;
   § 14. This act shall  take  effect  on  the  first  of  November  next
 succeeding the date on which it shall have become a law.

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Assembly Bill A9050

Sponsored By

Archive: Last Bill Status - In Assembly Committee

2017-A9050 (ACTIVE) - Details

2017-A9050 (ACTIVE) - Summary

2017-A9050 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A9050

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Sponsored By

DENDEKKER

Archive: Last Bill Status - In Assembly Committee

2017-A9050 (ACTIVE) - Details

2017-A9050 (ACTIVE) - Summary

2017-A9050 (ACTIVE) - Bill Text download pdf

Comments