BILL NUMBER:  S3845

 TITLE OF BILL :

An act to amend the penal law, in relation to the criminal sale of a
controlled substance to a person less than fourteen years of age

 PURPOSE OF BILL :

To amend the Penal Law to provide that the sale of controlled
substances to minors under 14 may be prosecuted as a more serious
offense.

 SUMMARY OF SPECIFIC PROVISIONS :

Adds § 220.49 of the Penal Law which creates the crime of criminal
sale of a controlled substance to a child in the first degree, making
the sale of a controlled substance by an adult to a minor under the
age of 14 a class A-II felony. Also Amends the title of

§ 220.48 of the Penal Law, reflecting the lesser included offense of
criminal sale of controlled substance to a child in the second degree.

 JUSTIFICATION :

There has been a recent increase in drug use, especially opiate based
              

substances, by young adults and teenagers. There has also been an
increase in overdose cases and overdose deaths. Many of these
youngsters start experimenting in their teenage years with addicting
prescription drugs and opiate based prescription drugs.

Nassau County recently had a crisis when middle school children
thirteen and fourteen years old wanted to use heroin. They left home
and began a search to buy heroin as was later detected by a review of
their computers internet history, To provide a criminal sanction for
drug dealers, there is a need for the section dealing with someone who
would sell drugs to a minor.

Drug use has become more prevalent among high school students.
Although, the total answer to this epidemic is not to be found in the
amendment of these two sections of the law, the passage of this bill
will result in another tool to help in the battle to protect our
children.

Drug dealers prey upon our young people and must be dealt with harshly
in appropriate circumstances. This bill is intended to punish those
who profit from the enterprise of selling these drugs to our children.

It is widely recognized that the combination of education, treatment
and enforcement is the most effective way to protect our youngsters
from narcotics addiction. This bill provides substantial assistance to
law enforcement in the crucially important element of enforcement.

 LEGISLATIVE HISTORY :

S.208 (2015-16) - Passed Senate
S.988-A (2013-14) - Passed Senate
S.32103 (2011-12) - Passed Senate

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law.