NY State Senate Bill 2021-S3197

Archive: Last Bill Status - In Senate Committee Codes 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
Jan 28, 2021	referred to codes

2021-S3197 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§220.16, 220.18, 220.21, 220.41 & 220.43, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7012
2017-2018: S880
2019-2020: S316
2023-2024: S697

2021-S3197 (ACTIVE) - Summary

Relates to the possession and sale of substances containing heroin in certain weights and packaging.

2021-S3197 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3197

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the penal law, in relation to criminal sale and
possession of substances containing heroin

 
PURPOSE OR GENERAL IDEA OF BILL:

To create appropriate level penalties as it relates to heroin sales
taking into account the lighter weight of heroin.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 220.16 of the penal law - Criminal Possession
of a controlled substance in the third degree a Class B Felony when one
or more preparations, compounds, mixtures or substances containing
heroin and its aggregate weight is 1.5 grams or more or the substances
are packaged in fifty or more packets/containers/decks.

Section 2 amends section 220.18 of the penal law - criminal possession
of a controlled substance in the second degree a class A-II felony when
one or more preparations, compounds, mixtures or substances containing
heroin and its aggregate weight is 12 grams or more or the substances
are packaged in four hundred or more packets/containers/decks.

Section 3 of the bill amends section 220.21 of the penal law - Criminal
Possession in the first degree a Class A-I felony when one or more prep-
arations, compounds, mixtures or substances containing heroin and its
aggregate weight is 24 grams or more or the substances are packaged in
eight hundred or more packets/containers/decks.

Section 4 of the bill amends section 220.41 of the penal law - Criminal
sale of a controlled substance in the second degree a class A-II felony
when one or more preparations, compounds, mixtures or substances
containing heroin and its aggregate weight is 1.5 grams or more or the
substances are packaged in fifty or more packets/containers/decks.

Section 5 of the bill amends section 220.43 of the penal law - criminal
sale of a controlled substance in the first degree an A-I Felony when
one or more preparations, compounds, mixtures or substances containing
heroin and its aggregate weight is 6 grams or more or the substances are
packaged in 200 or more packets/containers/decks.

Section 6 is the effective date.

 
JUSTIFICATION:

As we fight the heroin epidemic we need to review and update our laws to
ensure they adequately reflect the nature of heroin. One of the differ-
ences between heroin and other drugs is the light weight and potency of
heroin. Heroin weights less than other drugs and therefore more doses of
heroin is needed to trigger various criminal offenses.  This legislation
seeks to address this issue of weight by creating appropriate levels of
weight to trigger various sections of the Penal Law.

 
PRIOR LEGISLATIVE HISTORY:

S. 316 of 2019/2020; Referred to Codes S.

7012 of 2016; Passed Senate

S. 880 of 2017/2018; Passed Senate

 
FISCAL IMPLICATIONS:

None.

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

2021-S3197 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3197
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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  criminal  sale  and
   possession of substances containing heroin
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  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 subdivi-
 sion 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".
   §  2.  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".
   § 3. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07536-01-1

 S. 3197                             2
 
   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".
   §  4.  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".
   §  5.  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, MIXTURES OR SUBSTANCES ARE PACKAGED IN TWO HUNDRED OR MORE
 CONTAINERS, PACKETS OR "DECKS".
   § 6. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.

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Senate Bill S3197

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S3197 (ACTIVE) - Details

2021-S3197 (ACTIVE) - Summary

2021-S3197 (ACTIVE) - Sponsor Memo

2021-S3197 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3197

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Sponsored By

Robert G. Ortt

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S3197 (ACTIVE) - Details

2021-S3197 (ACTIVE) - Summary

2021-S3197 (ACTIVE) - Sponsor Memo

2021-S3197 (ACTIVE) - Bill Text download pdf

Comments