BILL NUMBER: S3155

SPONSOR: JORDAN
 
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 comput-
ers 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 chil-
dren.

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.3845 (2017-18) - Passed Senate
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.