NY State Assembly Bill 2021-A8227A

Assembly Bill A8227A

2021-2022 Legislative Session

Establishes certain offenses based on homicide due to criminal sale of a controlled substance and the criminal sale of a controlled substance to a child in the first degree

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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 05, 2022	referred to codes
Sep 15, 2021	print number 8227a
Sep 15, 2021	amend and recommit to codes
Aug 25, 2021	referred to codes

Bill Amendments

Original

A (Active)

2021-A8227 - Details

See Senate Version of this Bill:: S1017
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7512
2017-2018: S4313
2019-2020: S6818
2023-2024: A6967, S4058

2021-A8227 - Summary

Establishes certain offenses based on homicide due to criminal sale of a controlled substance; establishes the offense of criminal sale of a controlled substance to a child in the first degree; expands the definition of controlled substances with respect to certain offenses; increases the felony classification of certain controlled substance offenses

2021-A8227 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8227
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced  by M. of A. GRIFFIN -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal  law,  in  relation  to  establishing  certain
   offenses  based  on  homicide  due  to  criminal  sale of a controlled
   substance, establishing the offense of criminal sale of  a  controlled
   substance  to a child in the first degree, expanding the definition of
   controlled substances with respect to certain offenses, increasing the
   felony classification of certain  controlled  substance  offenses  and
   including electronic prescriptions and blank prescription forms in the
   definition of certain controlled substance offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is  amended  by  adding  three  new  sections
 125.28, 125.29 and 125.30 to read as follows:
 § 125.28 HOMICIDE  DUE TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE
            THIRD DEGREE.
   A PERSON IS GUILTY OF HOMICIDE DUE TO CRIMINAL SALE  OF  A  CONTROLLED
 SUBSTANCE IN THE THIRD DEGREE WHEN HE OR SHE:
   1.  COMMITS  THE  OFFENSE  OF:  (A)  (I) CRIMINAL SALE OF A CONTROLLED
 SUBSTANCE IN THE FIFTH DEGREE AS DEFINED IN SECTION 220.31 OF THIS CHAP-
 TER; (II) CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE  FOURTH  DEGREE
 AS  DEFINED  IN SECTION 220.34 OF THIS CHAPTER; (III) CRIMINAL SALE OF A
 CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED IN SECTION 220.39 OF
 THIS CHAPTER; (IV) CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND
 DEGREE AS DEFINED IN SECTION 220.41 OF THIS  CHAPTER;  OR  (V)  CRIMINAL
 SALE OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE AS DEFINED IN SECTION
 220.43 OF THIS CHAPTER; AND
   (B) THE CONTROLLED SUBSTANCE SOLD CAUSES, OR CONTRIBUTES TO, THE DEATH
 OF THE PERSON TO WHOM THE CONTROLLED SUBSTANCE WAS SOLD.
   2.  IT SHALL BE A REBUTTABLE PRESUMPTION THAT THE CONTROLLED SUBSTANCE
 SOLD PURSUANT TO SUBDIVISION ONE OF THIS SECTION CAUSED  OR  CONTRIBUTED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01163-01-1

 A. 8227                             2
 
 TO  THE DEATH OF THE PERSON WHERE THE TYPE OF CONTROLLED SUBSTANCE SOLD,
 ALONE OR IN COMBINATION WITH OTHER SUBSTANCES, IS DETERMINED TO  BE  THE
 CAUSE  OF  DEATH  OF THE PERSON WHEN THE DEATH OCCURS WITHIN TWENTY-FOUR
 HOURS OF THE SALE.
   3.  THE  PROVISIONS  OF  ARTICLE  TWO  HUNDRED SIXTEEN OF THE CRIMINAL
 PROCEDURE LAW SHALL NOT APPLY TO A VIOLATION OF  THIS  SECTION.  NOTHING
 CONTAINED  IN  THIS  SECTION  SHALL  PREVENT THE COURT FROM SENTENCING A
 PERSON CONVICTED UNDER THIS SECTION TO ANY OTHER SENTENCE AUTHORIZED  BY
 LAW UNDER ARTICLES SIXTY-FIVE AND SEVENTY OF THIS CHAPTER.
   4.  WHERE  A  PERSON (HEREINAFTER "SELLER") VIOLATES THE PROVISIONS OF
 PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION BUT THE SELLER, IN GOOD
 FAITH, SOUGHT HEALTH CARE FOR THE OTHER PERSON WHOSE DEATH RESULTED FROM
 THE INGESTION OF THE CONTROLLED SUBSTANCE SOLD, WHILE THAT OTHER  PERSON
 WAS  EXPERIENCING THE DRUG OR ALCOHOL OVERDOSE OR OTHER LIFE THREATENING
 MEDICAL EMERGENCY THAT LED TO THAT PERSON'S DEATH, THE SELLER SHALL  NOT
 BE CHARGED OR PROSECUTED UNDER THIS SECTION OR ARTICLE TWO HUNDRED TWEN-
 TY  OF  THIS  CHAPTER  WHEN  THE SALE WAS NOT FOR CONSIDERATION OR OTHER
 BENEFIT OR GAIN.
   5. IT SHALL BE AN AFFIRMATIVE DEFENSE TO A VIOLATION OF  THIS  SECTION
 OR  A  VIOLATION  OF  ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER WHERE A
 SELLER VIOLATES PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION AND THE
 SALE WAS FOR CONSIDERATION OR OTHER BENEFIT OR GAIN, BUT THE SELLER,  IN
 GOOD FAITH, SOUGHT HEALTH CARE FOR THE OTHER PERSON WHOSE DEATH RESULTED
 FROM  THE  INGESTION  OF THE CONTROLLED SUBSTANCE SOLD, WHILE THAT OTHER
 PERSON WAS EXPERIENCING A DRUG OR ALCOHOL OVERDOSE OR OTHER LIFE THREAT-
 ENING MEDICAL EMERGENCY THAT LED TO THAT PERSON'S DEATH, AND THE DEFEND-
 ANT HAS NO PRIOR CONVICTION FOR THE COMMISSION OR  ATTEMPTED  COMMISSION
 OF  A  CLASS  A-I,  A-II OR B FELONY UNDER ARTICLE TWO HUNDRED TWENTY OF
 THIS CHAPTER.
   HOMICIDE DUE TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN  THE  THIRD
 DEGREE IS A CLASS D FELONY.
 § 125.29 HOMICIDE  DUE TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE
            SECOND DEGREE.
   A PERSON IS GUILTY OF HOMICIDE DUE TO CRIMINAL SALE  OF  A  CONTROLLED
 SUBSTANCE IN THE SECOND DEGREE WHEN HE OR SHE:
   1.  COMMITS  THE  OFFENSE  OF:  (A)  (I) CRIMINAL SALE OF A CONTROLLED
 SUBSTANCE IN THE FIFTH DEGREE AS DEFINED IN SECTION 220.31 OF THIS CHAP-
 TER; (II) CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE  FOURTH  DEGREE
 AS  DEFINED  IN SECTION 220.34 OF THIS CHAPTER; (III) CRIMINAL SALE OF A
 CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED IN SECTION 220.39 OF
 THIS CHAPTER; (IV) CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND
 DEGREE AS DEFINED IN SECTION 220.41 OF THIS  CHAPTER;  OR  (V)  CRIMINAL
 SALE OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE AS DEFINED IN SECTION
 220.43 OF THIS CHAPTER; AND
   (B) THE CONTROLLED SUBSTANCE SOLD CAUSES, OR CONTRIBUTES, TO THE DEATH
 OF THE PERSON TO WHOM THE CONTROLLED SUBSTANCE WAS SOLD; AND
   (C)  (I) AN ADDITIONAL SUBSTANCE WAS ADDED TO THE CONTROLLED SUBSTANCE
 SOLD WHICH ENHANCES THE  EFFECTS  OF  THE  CONTROLLED  SUBSTANCE  AND/OR
 INCREASES THE DANGER OF INGESTION; OR
   (II) THE PERSON TO WHOM THE CONTROLLED SUBSTANCE WAS SOLD WAS IMPAIRED
 BY ONE OR MORE SUBSTANCES AT THE TIME OF THE SALE; OR
   (III)  THE PERSON KNEW, OR HAD REASON TO KNOW, THAT THE PERSON TO WHOM
 THE CONTROLLED SUBSTANCE WAS SOLD WAS USING, OR INTENDED TO USE, ONE  OR
 MORE OTHER SUBSTANCES IN CONJUNCTION WITH THE CONTROLLED SUBSTANCE SOLD;
 OR

 A. 8227                             3
 
   (IV)  THE  PERSON KNEW, OR HAD REASON TO KNOW, THAT THE PERSON TO WHOM
 THE  CONTROLLED  SUBSTANCE  WAS  SOLD  HAD  COMPLETED  A  REHABILITATION
 PROGRAM, OR OVERDOSED, WITHIN THIRTY DAYS OF THE SALE.
   2.  IT SHALL BE A REBUTTABLE PRESUMPTION THAT THE CONTROLLED SUBSTANCE
 SOLD PURSUANT TO SUBDIVISION ONE OF THIS SECTION CAUSED  OR  CONTRIBUTED
 TO  THE DEATH OF THE PERSON WHERE THE TYPE OF CONTROLLED SUBSTANCE SOLD,
 ALONE OR IN COMBINATION WITH OTHER SUBSTANCES, IS DETERMINED TO  BE  THE
 CAUSE  OF  DEATH  OF THE PERSON WHEN THE DEATH OCCURS WITHIN TWENTY-FOUR
 HOURS OF THE SALE.
   3. THE PROVISIONS OF ARTICLE  TWO  HUNDRED  SIXTEEN  OF  THE  CRIMINAL
 PROCEDURE  LAW  SHALL  NOT APPLY TO A VIOLATION OF THIS SECTION. NOTHING
 CONTAINED IN THIS SECTION SHALL PREVENT  THE  COURT  FROM  SENTENCING  A
 PERSON  CONVICTED UNDER THIS SECTION TO ANY OTHER SENTENCE AUTHORIZED BY
 LAW UNDER ARTICLES SIXTY-FIVE AND SEVENTY OF THIS CHAPTER.
   4. WHERE A PERSON (HEREINAFTER "SELLER") VIOLATES  THE  PROVISIONS  OF
 SUBDIVISION  ONE  OF  THIS SECTION BUT THE SELLER, IN GOOD FAITH, SOUGHT
 HEALTH CARE FOR THE OTHER PERSON WHOSE DEATH RESULTED FROM THE INGESTION
 OF THE CONTROLLED SUBSTANCE SOLD, WHILE THAT OTHER PERSON WAS EXPERIENC-
 ING THE DRUG OR ALCOHOL OVERDOSE OR OTHER LIFE THREATENING MEDICAL EMER-
 GENCY THAT LED TO THAT PERSON'S DEATH, THE SELLER SHALL NOT  BE  CHARGED
 OR  PROSECUTED  UNDER THIS SECTION OR ARTICLE TWO HUNDRED TWENTY OF THIS
 CHAPTER WHEN THE SALE WAS NOT FOR  CONSIDERATION  OR  OTHER  BENEFIT  OR
 GAIN.
   5.  IT  SHALL BE AN AFFIRMATIVE DEFENSE TO A VIOLATION OF THIS SECTION
 OR A VIOLATION OF ARTICLE TWO HUNDRED TWENTY OF  THIS  CHAPTER  WHERE  A
 SELLER  VIOLATES  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION AND
 THE SALE WAS FOR CONSIDERATION OR OTHER BENEFIT OR GAIN, BUT THE SELLER,
 IN GOOD FAITH, SOUGHT HEALTH CARE  FOR  THE  OTHER  PERSON  WHOSE  DEATH
 RESULTED FROM THE INGESTION OF THE CONTROLLED SUBSTANCE SOLD, WHILE THAT
 OTHER  PERSON  WAS EXPERIENCING A DRUG OR ALCOHOL OVERDOSE OR OTHER LIFE
 THREATENING MEDICAL EMERGENCY THAT LED TO THAT PERSON'S DEATH,  AND  THE
 DEFENDANT  HAS  NO  PRIOR  CONVICTION  FOR  THE  COMMISSION OR ATTEMPTED
 COMMISSION OF A CLASS A-I, A-II OR B FELONY UNDER  ARTICLE  TWO  HUNDRED
 TWENTY OF THIS CHAPTER.
   HOMICIDE  DUE TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND
 DEGREE IS A CLASS C FELONY.
 § 125.30 HOMICIDE DUE TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN  THE
            FIRST DEGREE.
   A  PERSON  IS  GUILTY OF HOMICIDE DUE TO CRIMINAL SALE OF A CONTROLLED
 SUBSTANCE IN THE FIRST DEGREE WHEN HE OR SHE:
   1. COMMITS THE OFFENSE OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A
 CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 220.49 OF  THIS  CHAPTER
 AND  THE  CONTROLLED SUBSTANCE SOLD CAUSES, OR CONTRIBUTES, TO THE DEATH
 OF THE PERSON TO WHOM THE CONTROLLED SUBSTANCE WAS SOLD.
   2. IT SHALL BE A REBUTTABLE PRESUMPTION THAT THE CONTROLLED  SUBSTANCE
 SOLD  PURSUANT  TO SUBDIVISION ONE OF THIS SECTION CAUSED OR CONTRIBUTED
 TO THE DEATH OF THE PERSON WHERE THE TYPE OF CONTROLLED SUBSTANCE  SOLD,
 ALONE  OR  IN COMBINATION WITH OTHER SUBSTANCES, IS DETERMINED TO BE THE
 CAUSE OF DEATH OF THE PERSON WHEN THE DEATH  OCCURS  WITHIN  TWENTY-FOUR
 HOURS OF THE SALE.
   3.  THE  PROVISIONS  OF  ARTICLE  TWO  HUNDRED SIXTEEN OF THE CRIMINAL
 PROCEDURE LAW SHALL NOT APPLY TO A VIOLATION OF  THIS  SECTION.  NOTHING
 CONTAINED  IN  THIS  SECTION  SHALL  PREVENT THE COURT FROM SENTENCING A
 PERSON CONVICTED UNDER THIS SECTION TO ANY OTHER SENTENCE AUTHORIZED  BY
 LAW UNDER ARTICLES SIXTY-FIVE AND SEVENTY OF THIS CHAPTER.

 A. 8227                             4
 
   4.  IT  SHALL BE AN AFFIRMATIVE DEFENSE TO A VIOLATION OF THIS SECTION
 OR A VIOLATION OF ARTICLE TWO HUNDRED TWENTY OF  THIS  CHAPTER  WHERE  A
 PERSON  (HEREINAFTER  "SELLER") VIOLATES SUBDIVISION ONE OF THIS SECTION
 AND THE SALE WAS FOR CONSIDERATION OR OTHER BENEFIT  OR  GAIN,  BUT  THE
 SELLER,  IN  GOOD  FAITH,  SOUGHT HEALTH CARE FOR THE OTHER PERSON WHOSE
 DEATH RESULTED FROM THE INGESTION  OF  THE  CONTROLLED  SUBSTANCE  SOLD,
 WHILE  THAT  OTHER PERSON WAS EXPERIENCING A DRUG OR ALCOHOL OVERDOSE OR
 OTHER LIFE THREATENING MEDICAL  EMERGENCY  THAT  LED  TO  THAT  PERSON'S
 DEATH,  AND  THE DEFENDANT HAS NO PRIOR CONVICTION FOR THE COMMISSION OR
 ATTEMPTED COMMISSION OF A CLASS A-I, A-II OR B FELONY UNDER ARTICLE  TWO
 HUNDRED TWENTY OF THIS CHAPTER.
   HOMICIDE  DUE  TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FIRST
 DEGREE IS A CLASS B FELONY.
   § 2. Subdivision 13 of section 220.16 of the penal law, as amended  by
 chapter  75  of the laws of 1995, is amended and a new subdivision 14 is
 added to read as follows:
   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  AND  SAID  PREPARATIONS,  COMPOUNDS,   MIXTURES   OR
 SUBSTANCES  ARE  OF  AN  AGGREGATE  WEIGHT OF 1.5 GRAMS OR MORE, OR SUCH
 PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE PACKAGED IN FIFTY OR
 MORE CONTAINERS, PACKETS OR "DECKS".
   § 3. Subdivision 7 of section 220.18 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 said methadone  weighs  two  thousand  eight  hundred
 eighty milligrams or more[.]; OR
   8.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  HEROIN  AND  SAID  PREPARATIONS,  COMPOUNDS,   MIXTURES   OR
 SUBSTANCES  ARE  OF AN AGGREGATE WEIGHT OF TWELVE GRAMS OR MORE, OR SUCH
 PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES  ARE  PACKAGED  IN  FOUR
 HUNDRED OR MORE CONTAINERS, PACKETS OR "DECKS".
   §  4.  Subdivision 2 of section 220.21 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  said  methadone weighs five thousand seven hundred
 sixty milligrams or more[.]; OR
   3.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING   HEROIN   AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF TWENTY-FOUR GRAMS OR  MORE,  OR
 SUCH  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR SUBSTANCES ARE PACKAGED IN
 EIGHT HUNDRED OR MORE CONTAINERS, PACKETS OR "DECKS".
   § 5. 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  THE  PREPARATIONS,   COMPOUNDS,   MIXTURES   OR
 SUBSTANCES  ARE  OF  AN  AGGREGATE  WEIGHT OF 1.5 GRAMS OR MORE, OR SUCH
 PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE PACKAGED IN FIFTY OR
 MORE CONTAINERS, PACKETS OR "DECKS".
   § 6. 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:

 A. 8227                             5
 
   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  THE  PREPARATIONS,   COMPOUNDS,   MIXTURES   OR
 SUBSTANCES  ARE  OF  AN  AGGREGATE  WEIGHT OF SIX GRAMS OR MORE, OR SUCH
 PREPARATIONS, MIXTURES OR SUBSTANCES ARE PACKAGED IN TWO HUNDRED OR MORE
 CONTAINERS, PACKETS OR "DECKS".
   § 7. Section 220.48 of the penal law, as added by section 28  of  part
 AAA of chapter 56 of the laws of 2009, is amended to read as follows:
 § 220.48 Criminal  sale  of  a  controlled  substance  to a child IN THE
            SECOND DEGREE.
   A person is guilty of criminal sale of a  controlled  substance  to  a
 child  IN THE SECOND DEGREE when, being over twenty-one years old, he or
 she knowingly and unlawfully sells WITHOUT CONSIDERATION OR OTHER  BENE-
 FIT  OR  GAIN  a  controlled substance in violation of section 220.34 or
 220.39 of this article to a person less than seventeen years old.
   Criminal sale of a controlled substance  to  a  child  IN  THE  SECOND
 DEGREE is a class B felony.
   §  8.  The penal law is amended by adding a new section 220.49 to read
 as follows:
 § 220.49 CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST
            DEGREE.
   A PERSON IS GUILTY OF CRIMINAL SALE OF A  CONTROLLED  SUBSTANCE  TO  A
 CHILD  IN  THE FIRST DEGREE WHEN, BEING OVER TWENTY-ONE YEARS OLD, HE OR
 SHE KNOWINGLY AND UNLAWFULLY SELLS A CONTROLLED SUBSTANCE FOR  CONSIDER-
 ATION  OR OTHER BENEFIT OR GAIN IN VIOLATION OF SECTION 220.34 OR 220.39
 OF THIS ARTICLE TO A PERSON LESS THAN SEVENTEEN YEARS OLD.
   CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST DEGREE
 IS A CLASS A-II FELONY.
   § 9. The closing paragraph of section 220.50  of  the  penal  law,  as
 amended  by  chapter  627  of  the  laws  of 1990, is amended to read as
 follows:
   Criminally using drug paraphernalia in the second degree is a class [A
 misdemeanor] E FELONY.
   § 10. Section 220.55 of the penal law, as added by chapter 970 of  the
 laws of 1971, is amended to read as follows:
 § 220.55 Criminally using drug paraphernalia in the first degree.
   A person is guilty of criminally using drug paraphernalia in the first
 degree  when he commits the crime of criminally using drug paraphernalia
 in the second degree and he has previously been convicted of  criminally
 using drug paraphernalia in the second degree.
   Criminally using drug paraphernalia in the first degree is a class [D]
 C felony.
   §  11.  Subdivision 15 of section 220.00 of the penal law, as added by
 chapter 118 of the laws of 1986, is amended to read as follows:
   15. "Prescription for a controlled substance"  means  a  direction  or
 authorization, by means of an official New York state prescription form,
 AN  ELECTRONIC  PRESCRIPTION,  a  written  prescription  form or an oral
 prescription, which will permit a person to lawfully obtain a controlled
 substance from any person authorized to dispense controlled substances.
   § 12. Section 220.65 of the penal law, as amended by chapter 31 of the
 laws of 2014, is amended to read as follows:
 § 220.65 Criminal sale of a prescription for a controlled  substance,  A
            BLANK  PRESCRIPTION  FORM  or  of a controlled substance by a
            practitioner or pharmacist.

 A. 8227                             6

   A person is guilty of criminal sale of a prescription for a controlled
 substance, A BLANK PRESCRIPTION FORM or of a controlled substance  by  a
 practitioner  or  pharmacist when: 1. being a practitioner, as that term
 is defined in section thirty-three hundred two of the public health law,
 he or she knowingly and unlawfully sells a prescription for a controlled
 substance  OR  A  BLANK  PRESCRIPTION  FORM.  For  the  purposes of this
 section, a person sells a prescription for a controlled substance  OR  A
 BLANK  PRESCRIPTION FORM unlawfully when he or she does so other than in
 good faith in the course of his or her professional practice; or
   2. being a practitioner or pharmacist, as those terms are  defined  in
 section  thirty-three  hundred  two of the public health law, he or she,
 acting other than in good faith, while  purporting  to  act  within  the
 scope  of  the power, authority and privileges of his or her license, as
 that term is defined in section thirty-three hundred two of  the  public
 health  law,  knowingly and unlawfully sells a controlled substance OR A
 BLANK PRESCRIPTION FORM.
   Criminal sale of a prescription for a controlled  substance,  A  BLANK
 PRESCRIPTION  FORM  or  of  a  controlled substance by a practitioner or
 pharmacist is a class [C] B felony.
   § 13. This act shall  take  effect  on  the  first  of  November  next
 succeeding the date upon which it shall have become a law.

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2021-A8227A (ACTIVE) - Details

See Senate Version of this Bill:: S1017
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7512
2017-2018: S4313
2019-2020: S6818
2023-2024: A6967, S4058

2021-A8227A (ACTIVE) - Summary

2021-A8227A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8227--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced  by  M. of A. GRIFFIN, J. A. GIGLIO -- read once and referred
   to the Committee on  Codes  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  penal  law, in relation to establishing certain
   offenses based on homicide  due  to  criminal  sale  of  a  controlled
   substance,  establishing  the offense of criminal sale of a controlled
   substance to a child in the first degree, expanding the definition  of
   controlled substances with respect to certain offenses, increasing the
   felony  classification  of  certain  controlled substance offenses and
   including electronic prescriptions and blank prescription forms in the
   definition of certain controlled substance offenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding two new sections 125.28
 and 125.29 to read as follows:
 § 125.28 HOMICIDE DUE TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN  THE
            SECOND DEGREE.
   A  PERSON  IS  GUILTY OF HOMICIDE DUE TO CRIMINAL SALE OF A CONTROLLED
 SUBSTANCE IN THE SECOND DEGREE WHEN SUCH PERSON:
   1. (A) COMMITS THE OFFENSE OF:  (I)  CRIMINAL  SALE  OF  A  CONTROLLED
 SUBSTANCE IN THE FIFTH DEGREE AS DEFINED IN SECTION 220.31 OF THIS CHAP-
 TER;  (II)  CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FOURTH DEGREE
 AS DEFINED IN SECTION 220.34 OF THIS CHAPTER; (III) CRIMINAL SALE  OF  A
 CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED IN SECTION 220.39 OF
 THIS CHAPTER; (IV) CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND
 DEGREE  AS  DEFINED IN SECTION 220.41 OF THIS CHAPTER; (V) CRIMINAL SALE
 OF A CONTROLLED SUBSTANCE IN THE FIRST  DEGREE  AS  DEFINED  IN  SECTION
 220.43  OF THIS CHAPTER; (VI) CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN
 OR NEAR SCHOOL GROUNDS AS DEFINED IN SECTION  220.44  OF  THIS  CHAPTER;
 (VII)  CRIMINAL  SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE SECOND
 DEGREE AS DEFINED IN SECTION 220.48 OF  THIS  CHAPTER;  (VIII)  CRIMINAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01163-05-1

 A. 8227--A                          2
 
 SALE  OF A PRESCRIPTION FOR A CONTROLLED SUBSTANCE, A BLANK PRESCRIPTION
 FORM OR OF A CONTROLLED SUBSTANCE BY A  PRACTITIONER  OR  PHARMACIST  AS
 DEFINED  IN SECTION 220.65 OF THIS CHAPTER; OR (IX) OPERATING AS A MAJOR
 TRAFFICKER AS DEFINED IN SECTION 220.77 OF THIS CHAPTER; AND
   (B)  THE  INJECTION,  INHALATION,  ABSORPTION,  OR  INGESTION  OF  THE
 CONTROLLED SUBSTANCE SOLD CAUSES, OR CONTRIBUTES TO, THE  DEATH  OF  THE
 PERSON TO WHOM THE CONTROLLED SUBSTANCE WAS SOLD.
   2.  FOR  PURPOSES  OF  THIS  SECTION, A PERSON'S ACT OF MANUFACTURING,
 DISTRIBUTING, OR DISPENSING A CONTROLLED SUBSTANCE IS  THE  CAUSE  OF  A
 DEATH  WHEN:  THE INJECTION, INHALATION, ABSORPTION, OR INGESTION OF THE
 CONTROLLED SUBSTANCE IS AN ANTECEDENT BUT FOR WHICH THE DEATH WOULD  NOT
 HAVE OCCURRED.
   3.  IT SHALL NOT BE A DEFENSE TO A PROSECUTION UNDER THIS SECTION THAT
 THE DECEDENT CONTRIBUTED TO THEIR OWN DEATH BY SUCH DECEDENT'S  PURPOSE-
 FUL,  KNOWING, RECKLESS, OR NEGLIGENT INJECTION, INHALATION, ABSORPTION,
 OR INGESTION OF THE SUBSTANCE OR BY SUCH DECEDENT'S  CONSENTING  TO  THE
 ADMINISTRATION  OF THE CONTROLLED SUBSTANCE BY ANOTHER.  NOTHING IN THIS
 SECTION SHALL BE CONSTRUED TO PRECLUDE OR LIMIT  ANY  OTHER  PROSECUTION
 UNDER THIS ARTICLE OR ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER.
   4. AN INDETERMINATE SENTENCE OF IMPRISONMENT IS MANDATORY.
   HOMICIDE  DUE TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND
 DEGREE IS A CLASS B FELONY.
 § 125.29 HOMICIDE DUE TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN  THE
            FIRST DEGREE.
   A  PERSON  IS  GUILTY OF HOMICIDE DUE TO CRIMINAL SALE OF A CONTROLLED
 SUBSTANCE IN THE FIRST DEGREE WHEN SUCH PERSON:
   1. (A) COMMITS THE OFFENSE OF:  (I)  CRIMINAL  SALE  OF  A  CONTROLLED
 SUBSTANCE IN THE FIFTH DEGREE AS DEFINED IN SECTION 220.31 OF THIS CHAP-
 TER;  (II)  CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FOURTH DEGREE
 AS DEFINED IN SECTION 220.34 OF THIS CHAPTER; (III) CRIMINAL SALE  OF  A
 CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED IN SECTION 220.39 OF
 THIS CHAPTER; (IV) CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND
 DEGREE  AS  DEFINED IN SECTION 220.41 OF THIS CHAPTER; (V) CRIMINAL SALE
 OF A CONTROLLED SUBSTANCE IN THE FIRST  DEGREE  AS  DEFINED  IN  SECTION
 220.43  OF THIS CHAPTER; (VI) CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN
 OR NEAR SCHOOL GROUNDS AS DEFINED IN SECTION  220.44  OF  THIS  CHAPTER;
 (VII)  CRIMINAL  SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE SECOND
 DEGREE AS DEFINED IN SECTION 220.48 OF  THIS  CHAPTER;  (VIII)  CRIMINAL
 SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST DEGREE AS DEFINED
 IN  SECTION 220.49 OF THIS CHAPTER; (IX) CRIMINAL SALE OF A PRESCRIPTION
 FOR A CONTROLLED SUBSTANCE, A BLANK PRESCRIPTION FORM OR OF A CONTROLLED
 SUBSTANCE BY A PRACTITIONER OR PHARMACIST AS DEFINED IN  SECTION  220.65
 OF  THIS  CHAPTER;  OR (X) OPERATING AS A MAJOR TRAFFICKER AS DEFINED IN
 SECTION 220.77 OF THIS CHAPTER;
   (B)  THE  INJECTION,  INHALATION,  ABSORPTION,  OR  INGESTION  OF  THE
 CONTROLLED  SUBSTANCE  SOLD  CAUSES, OR CONTRIBUTES TO, THE DEATH OF THE
 PERSON TO WHOM THE CONTROLLED SUBSTANCE WAS SOLD; AND
   (C)(I) THE CONTROLLED SUBSTANCE IS LISTED IN SUBDIVISION (C) OR (D) OF
 SCHEDULE II OF SECTION THIRTY-THREE HUNDRED SIX  OF  THE  PUBLIC  HEALTH
 LAW, OTHER THAN METHADONE; (II) AN ADDITIONAL SUBSTANCE WAS ADDED TO THE
 CONTROLLED  SUBSTANCE  SOLD WHICH ENHANCES THE EFFECTS OF THE CONTROLLED
 SUBSTANCE AND/OR INCREASES THE DANGER OF INGESTION; (III) THE PERSON  TO
 WHOM  THE  CONTROLLED  SUBSTANCE  WAS  SOLD  WAS IMPAIRED BY ONE OR MORE
 SUBSTANCES AT THE TIME OF THE SALE; (IV) THE PERSON KNEW, OR HAD  REASON
 TO  KNOW,  THAT THE PERSON TO WHOM THE CONTROLLED SUBSTANCE WAS SOLD WAS
 USING, OR INTENDED TO USE, ONE OR MORE OTHER SUBSTANCES  IN  CONJUNCTION

 A. 8227--A                          3

 WITH  THE  CONTROLLED SUBSTANCE SOLD; (V) THE PERSON KNEW, OR HAD REASON
 TO KNOW, THAT THE PERSON TO WHOM THE CONTROLLED SUBSTANCE WAS  SOLD  HAD
 COMPLETED  A REHABILITATION PROGRAM, OR OVERDOSED, WITHIN THIRTY DAYS OF
 THE  SALE;  OR  (VI) THE PERSON, BEING OVER TWENTY-ONE YEARS OLD, SOLD A
 CONTROLLED SUBSTANCE TO A PERSON LESS THAN EIGHTEEN YEARS OLD.
   2. FOR PURPOSES OF THIS SECTION,  A  PERSON'S  ACT  OF  MANUFACTURING,
 DISTRIBUTING,  OR  DISPENSING  A  CONTROLLED SUBSTANCE IS THE CAUSE OF A
 DEATH WHEN: THE INJECTION, INHALATION, ABSORPTION, OR INGESTION  OF  THE
 CONTROLLED  SUBSTANCE IS AN ANTECEDENT BUT FOR WHICH THE DEATH WOULD NOT
 HAVE OCCURRED.
   3. IT SHALL NOT BE A DEFENSE TO A PROSECUTION UNDER THIS SECTION  THAT
 THE  DECEDENT CONTRIBUTED TO THEIR OWN DEATH BY SUCH DECEDENT'S PURPOSE-
 FUL, KNOWING, RECKLESS, OR NEGLIGENT INJECTION, INHALATION,  ABSORPTION,
 OR  INGESTION  OF  THE SUBSTANCE OR BY SUCH DECEDENT'S CONSENTING TO THE
 ADMINISTRATION OF THE SUBSTANCE BY  ANOTHER.  NOTHING  IN  THIS  SECTION
 SHALL BE CONSTRUED TO PRECLUDE OR LIMIT ANY OTHER PROSECUTION UNDER THIS
 ARTICLE OR ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER.
   4. AN INDETERMINATE SENTENCE OF IMPRISONMENT IS MANDATORY.
   HOMICIDE  DUE  TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FIRST
 DEGREE IS A CLASS A FELONY.
   § 2. Subdivision 13 of section 220.16 of the penal law, as amended  by
 chapter  75  of the laws of 1995, is amended and a new subdivision 14 is
 added to read as follows:
   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  AND  SAID  PREPARATIONS,  COMPOUNDS,   MIXTURES   OR
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF ONE AND ONE-HALF GRAMS OR MORE,
 OR  SUCH PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE PACKAGED IN
 FIFTY OR MORE CONTAINERS, PACKETS OR "DECKS".
   § 3. Subdivision 7 of section 220.18 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 said methadone  weighs  two  thousand  eight  hundred
 eighty milligrams or more[.]; OR
   8.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  HEROIN  AND  SAID  PREPARATIONS,  COMPOUNDS,   MIXTURES   OR
 SUBSTANCES  ARE  OF AN AGGREGATE WEIGHT OF TWELVE GRAMS OR MORE, OR SUCH
 PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES  ARE  PACKAGED  IN  FOUR
 HUNDRED OR MORE CONTAINERS, PACKETS OR "DECKS".
   §  4.  Subdivision 2 of section 220.21 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  said  methadone weighs five thousand seven hundred
 sixty milligrams or more[.]; OR
   3.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING   HEROIN   AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF TWENTY-FOUR GRAMS OR  MORE,  OR
 SUCH  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR SUBSTANCES ARE PACKAGED IN
 EIGHT HUNDRED OR MORE CONTAINERS, PACKETS OR "DECKS".
   § 5. 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

 A. 8227--A                          4
 
   8.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  HEROIN  AND  THE  PREPARATIONS,   COMPOUNDS,   MIXTURES   OR
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF ONE AND ONE-HALF GRAMS OR MORE,
 OR  SUCH PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE PACKAGED IN
 FIFTY OR MORE CONTAINERS, PACKETS OR "DECKS".
   §  6.  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   THE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF SIX  GRAMS  OR  MORE,  OR  SUCH
 PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES  ARE PACKAGED IN TWO
 HUNDRED OR MORE CONTAINERS, PACKETS OR "DECKS".
   § 7. Section 220.48 of the penal law, as added by section 28  of  part
 AAA of chapter 56 of the laws of 2009, is amended to read as follows:
 § 220.48 Criminal  sale  of  a  controlled  substance  to a child IN THE
            SECOND DEGREE.
   A person is guilty of criminal sale of a  controlled  substance  to  a
 child  IN THE SECOND DEGREE when, being over twenty-one years old, he or
 she knowingly and unlawfully sells WITHOUT CONSIDERATION OR OTHER  BENE-
 FIT  OR  GAIN  a  controlled substance in violation of section 220.34 or
 220.39 of this article to a person less than [seventeen] EIGHTEEN  years
 old.
   Criminal  sale  of  a  controlled  substance  to a child IN THE SECOND
 DEGREE is a class B felony.
   § 8. The penal law is amended by adding a new section 220.49  to  read
 as follows:
 § 220.49 CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST
            DEGREE.
   A  PERSON  IS  GUILTY  OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A
 CHILD IN THE FIRST DEGREE WHEN, BEING OVER TWENTY-ONE YEARS OLD,  HE  OR
 SHE  KNOWINGLY AND UNLAWFULLY SELLS A CONTROLLED SUBSTANCE FOR CONSIDER-
 ATION OR OTHER BENEFIT OR GAIN IN VIOLATION OF SECTION 220.34 OR  220.39
 OF THIS ARTICLE TO A PERSON LESS THAN EIGHTEEN YEARS OLD.
   CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST DEGREE
 IS A CLASS A-II FELONY.
   §  9.  The  closing  paragraph  of section 220.50 of the penal law, as
 amended by chapter 627 of the laws  of  1990,  is  amended  to  read  as
 follows:
   Criminally using drug paraphernalia in the second degree is a class [A
 misdemeanor] E FELONY.
   §  10. Section 220.55 of the penal law, as added by chapter 970 of the
 laws of 1971, is amended to read as follows:
 § 220.55 Criminally using drug paraphernalia in the first degree.
   A person is guilty of criminally using drug paraphernalia in the first
 degree when he commits the crime of criminally using drug  paraphernalia
 in  the second degree and he has previously been convicted of criminally
 using drug paraphernalia in the second degree.
   Criminally using drug paraphernalia in the first degree is a class [D]
 C felony.
   § 11. Subdivision 15 of section 220.00 of the penal law, as  added  by
 chapter 118 of the laws of 1986, is amended to read as follows:
   15.  "Prescription  for  a  controlled substance" means a direction or
 authorization, by means of an official New York state prescription form,

 A. 8227--A                          5
 
 AN ELECTRONIC PRESCRIPTION, a  written  prescription  form  or  an  oral
 prescription, which will permit a person to lawfully obtain a controlled
 substance from any person authorized to dispense controlled substances.
   § 12. Section 220.65 of the penal law, as amended by chapter 31 of the
 laws of 2014, is amended to read as follows:
 § 220.65 Criminal  sale  of a prescription for a controlled substance, A
            BLANK PRESCRIPTION FORM or of a  controlled  substance  by  a
            practitioner or pharmacist.
   A person is guilty of criminal sale of a prescription for a controlled
 substance,  A  BLANK PRESCRIPTION FORM or of a controlled substance by a
 practitioner or pharmacist when: 1. being a practitioner, as  that  term
 is defined in section thirty-three hundred two of the public health law,
 he or she knowingly and unlawfully sells a prescription for a controlled
 substance  OR  A  BLANK  PRESCRIPTION  FORM.  For  the  purposes of this
 section, a person sells a prescription for a controlled substance  OR  A
 BLANK  PRESCRIPTION FORM unlawfully when he or she does so other than in
 good faith in the course of his or her professional practice; or
   2. being a practitioner or pharmacist, as those terms are  defined  in
 section  thirty-three  hundred  two of the public health law, he or she,
 acting other than in good faith, while  purporting  to  act  within  the
 scope  of  the power, authority and privileges of his or her license, as
 that term is defined in section thirty-three hundred two of  the  public
 health  law,  knowingly and unlawfully sells a controlled substance OR A
 BLANK PRESCRIPTION FORM.
   Criminal sale of a prescription for a controlled  substance,  A  BLANK
 PRESCRIPTION  FORM  or  of  a  controlled substance by a practitioner or
 pharmacist is a class [C] B felony.
   § 13. This act shall  take  effect  on  the  first  of  November  next
 succeeding the date upon which it shall have become a law.

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Assembly Bill A8227A

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