NY State Senate Bill 2017-S2744

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 07, 2018	referred to codes delivered to assembly passed senate
Jan 16, 2018	advanced to third reading
Jan 09, 2018	2nd report cal.
Jan 08, 2018	1st report cal.81
Jan 03, 2018	referred to codes returned to senate died in assembly
Jun 13, 2017	referred to codes delivered to assembly passed senate
May 15, 2017	advanced to third reading
May 10, 2017	2nd report cal.
May 09, 2017	1st report cal.917
Jan 17, 2017	referred to codes

Votes

- May 7, 2018 - Floor Vote
  S2744
  
  47
  
  Aye
  
  15
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 7, 2018
      
      aye (47)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Croci
      
      DeFrancisco
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Serino
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (15)
      
      Alcantara
      
      Bailey
      
      Benjamin
      
      Comrie
      
      Dilan
      
      Gianaris
      
      Hoylman-Sigal
      
      Kavanagh
      
      Krueger
      
      Montgomery
      
      Parker
      
      Persaud
      
      Rivera
      
      Sanders Jr.
      
      Serrano
      
      excused (1)
      
      Sepúlveda
  Jun 13, 2017 - Floor Vote
  S2744
  
  61
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2017
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (2)
      
      Montgomery
      
      Parker
  Jan 8, 2018 - Codes Committee Vote
  S2744
  
  14
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jan 8, 2018
      
      aye (14)
      
      Akshar
      
      Bailey
      
      Boyle
      
      Croci
      
      Gallivan
      
      Golden
      
      Griffo
      
      Kaminsky
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Savino
      
      Serrano
      
      Tedisco
      
      aye wr (2)
      
      Hoylman-Sigal
      
      Krueger
  May 9, 2017 - Codes Committee Vote
  S2744
  
  14
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 9, 2017
      
      aye (14)
      
      Akshar
      
      Boyle
      
      Croci
      
      Gallivan
      
      Golden
      
      Griffo
      
      Kaminsky
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Savino
      
      Serrano
      
      Squadron
      
      Tedisco
      
      aye wr (2)
      
      Hoylman-Sigal
      
      Krueger

co-Sponsors

2017-S2744 (ACTIVE) - Details

See Assembly Version of this Bill:: A9050
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-S2744 (ACTIVE) - Summary

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

2017-S2744 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2744

 TITLE OF BILL :  An act to amend the penal law, in relation to
certain controlled substance offenses

 PURPOSE :

To help combat the heroin overdoses in this State by increasing the
penalties for selling heroin, compounds that include heroin, and
compounds that include heroin and another narcotic.

 SUMMARY OF PROVISIONS :

Section 1 of this bill amends Penal Law section 220.00(7) to remove
heroin from the definition of the tern "narcotic drug."

Section 2 of this bill amends Penal Law section 220.06 by adding a new
subdivision 9 and making the section gender neutral. New subdivision 9
provides that a person will be guilty of the offense of criminal
possession of a controlled substance in the 4th degree if he or she
possesses one or more compounds or mixtures containing heroin and the
aggregate weight of the compounds or mixtures is 500 milligrams or
more.

Section 3 of this bill amends Penal Law section 220.09 by adding two
new subdivisions and making the section gender neutral. New

subdivision 16 provides that a person will be guilty of the offense of
criminal possession of a controlled substance in the 3rd degree if he
or she possesses one or more compounds or mixtures containing heroin
and the aggregate weight of the compounds or mixtures is 1 gram or
more. New subdivision 17 provides that a person will be guilty of the
offense of criminal possession of a controlled substance in the 3rd
degree if he or she possesses one or more compounds or mixtures
containing two or more controlled substances and the aggregate weight
of the compounds or mixtures is 3 grams or more.

Section 4 of this bill amends Penal Law section 220.16 by adding two
new subdivisions and making the section gender neutral. New
subdivision 14 provides that a person will be guilty of the offense of
criminal possession of a controlled substance in the 2nd degree if he
or she possesses one or more compounds or mixtures containing heroin
and the aggregate weight of the compounds or mixtures is 2 grams or
more. New subdivision 15 provides that a person will be guilty of the
offense of criminal possession of a controlled substance in the 2nd
degree if he or she possesses one or more compounds or mixtures
containing two or more controlled substances and the aggregate weight
of the compounds or mixtures is 6 grams or more.

Section 5 of this bill amends Penal Law section 220.18 by adding two
new subdivisions. New subdivision 8 provides that a person will be
guilty of the offense of criminal possession of a controlled substance
in the 2nd degree if he or she possesses one or more compounds or
mixtures containing heroin and the aggregate weight of the compounds
or mixtures is 9 grams or more. New subdivision 8 provides that a
person will be guilty of the offense of criminal possession of a
controlled substance in the 3rd degree if he or she possesses one or
more compounds or mixtures containing two or more controlled
substances and the aggregate weight of the compounds or mixtures is 36
grams or more.

Section 6 of this bill amends Penal Law section 220.21 by adding two
new subdivisions. New subdivision 3 provides that a person will be
guilty of the offense of criminal possession of a controlled substance
in the 1st degree if he or she possesses one or more compounds or
mixtures containing heroin and the aggregate weight of the compounds
or mixtures is 45 grams or more. New subdivision 4 provides that a
person will be guilty of the offense of criminal possession of a
controlled substance in the 3rd degree if he or she possesses one or
more compounds or mixtures containing two or more controlled
substances and the aggregate weight of the compounds or mixtures is
180 grams or more.

Section 7 of this bill amends Penal Law section 220.39 by adding two
new subdivisions and making the section gender neutral. New
subdivision 10 provides that a person will be guilty of the offense of
criminal sale of a controlled substance in the 3rd degree if he or she
knowingly and unlawfully sells one or more compounds or mixtures
containing two or more controlled substances and the aggregate weight
of the compounds or mixtures is 8 grams or more. New subdivision 11
provides that a person will be guilty of the offense of criminal sale
of a controlled substance in the 3rd degree if he or she knowingly and
unlawfully sells heroin.

Section 8 of this bill amends Penal Law section 220.41 by adding two
new subdivisions and making the section gender neutral. New
subdivision 8 provides that a person will be guilty of the offense of
criminal sale of a controlled substance in the 2nd degree if he or she
knowingly and unlawfully sells one or more compounds or mixtures
containing heroin and the aggregate weight of the compounds or
mixtures is 5 grams or more. New subdivision 9 provides that a person
will be guilty of the offense of criminal sale of a controlled
substance in the 2nd degree if he or she knowingly and unlawfully
sells one or more compounds or mixtures containing two or more
controlled substances and the aggregate weight of the compounds or
mixtures is 16 grams or more.

Section 9 of this bill amends Penal Law section 220.43 by adding two
new subdivisions and making the section gender neutral. New
subdivision 3 provides that a person will be guilty of the offense of
criminal sale of a controlled substance in the 1st degree if he or she
knowingly and unlawfully sells one or more compounds or mixtures
containing heroin and the aggregate weight of the compounds or
mixtures is 25 grams or more. New subdivision 4 provides that a person
will be guilty of the offense of criminal sale of a controlled
substance in the 1st degree if he or she knowingly and unlawfully
sells one or more compounds or mixtures containing two or more
controlled substances and the aggregate weight of the compounds or
mixtures is 40 grams or more.

Section 10 of this bill amends Penal Law section 220.46 to make the
section gender neutral and to remove fentanyl from the offense.

Section 11 of this bill amends the Penal Law by adding a new section
220.47 to establish the offense of criminal injection of heroin or
fentanyl. A person is guilty of this offense if he or she knowingly
and unlawfully possesses heroin or fentanyl and he or she
intentionally injects by means of a hypodermic syringe all or any
portion of that drug into another person's body without his or her
consent. This new offense is a class C felony.

Section 12 of this bill amends Penal Law section 220.60 to add a new
subdivision and to make the section gender neutral. New subdivision
(i) adds simultaneous possession of acetic anhydride and sodium
carbonate and ammonium chloride to the offense of criminal possession
of precursors of controlled substances.

Section 13 amends Penal Law section 230.34(1) to add heroin to the
list of drugs that, if unlawfully provided to a person being
patronized with the intent to impair such person's judgment would
constitute the offense of sex trafficking.


Section 14 of this bill provides that this act shall take effect on
the first of November next succeeding the date on which it shall have
become a law.

 EXISTING LAW :

Currently, heroin is included in the Penal Law's definition of the
term "narcotic drug." The Penal Law does not specifically address
Polydrugs that include heroin.

 JUSTIFICATION :

In the past few years, we have seen the number of deaths due to heroin
overdoses skyrocket. On December 28, 2016, the New York Times reported
that fentanyl had surpassed heroin for drug overdoses on Long Island
and that many drug suppliers are mixing heroin with fentanyl for
distribution on the streets. In September 2016 within a ten-day
period, 9 people died on Staten Island from heroin overdoses.

In January 2016, the New York Times reported that in 2014, 47,055
people in this Country died from a heroin overdose, which is the
equivalent of 125 Americans dying from an overdose every day.

Polydrugs, which are usually a mixture of two or more controlled
substances, are gaining popularity. In a span of 12 days beginning in
late March of this year, 10 people died in Sacramento, California from
overdoses of narcotic drugs laced with fentanyl. In late January and
early February of 2016, 23 people died in Buffalo from overdoses of
polydrugs that contained heroin and fentanyl.  To stop these needless
deaths, we need to stop the supply. Increasing the penalties for
heroin and polydrug offenses will provide a disincentive to drug
dealers. The more drug dealers that we can get off the streets, the
more lives we will save.

 LEGISLATIVE HISTORY :

2016: S.7169 - Referred to Codes

 FISCAL IMPLICATIONS :

None to the State

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

2017-S2744 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2744
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- 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  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:

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

                                                            LBD06020-01-7

 S. 2744                             2
 
   A person is guilty of criminal possession of a controlled substance in
 the fourth degree when he OR SHE knowingly and unlawfully possesses:
   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

 S. 2744                             3
 
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF ONE  HUNDRED  EIGHTY  GRAMS  OR
 MORE.
   §  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.

 S. 2744                             4
 
   A person is guilty of criminal injection of a narcotic drug when  he
 OR  SHE  knowingly  and  unlawfully possesses a narcotic drug OTHER THAN
 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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Senate Bill S2744

Sponsored By

Archive: Last Bill Status - In Assembly Committee

May 7, 2018 - Floor Vote

Floor Vote: May 7, 2018

Jun 13, 2017 - Floor Vote

Floor Vote: Jun 13, 2017

Jan 8, 2018 - Codes Committee Vote

Codes Committee Vote: Jan 8, 2018

May 9, 2017 - Codes Committee Vote

Codes Committee Vote: May 9, 2017

co-Sponsors

2017-S2744 (ACTIVE) - Details

2017-S2744 (ACTIVE) - Summary

2017-S2744 (ACTIVE) - Sponsor Memo

2017-S2744 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2744

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Rich Funke

Patrick M. Gallivan

2017-S2744 (ACTIVE) - Details

2017-S2744 (ACTIVE) - Summary

2017-S2744 (ACTIVE) - Sponsor Memo

2017-S2744 (ACTIVE) - Bill Text download pdf

Comments