S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8384
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced by M. of A. STERN, THIELE, LAVINE, K. BROWN, E. BROWN, DeSTE-
   FANO,  GANDOLFO, BLUMENCRANZ, CHANG, DURSO, FLOOD, McDONOUGH, BLANKEN-
   BUSH, GRAY, SLATER, BENDETT, JENSEN -- Multi-Sponsored by -- M. of  A.
   SHIMSKY, SIMON -- read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to enacting "Chelsey's law"

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Chelsey's law".
   § 2. Section 125.15 of the penal law is amended by adding a new subdi-
 vision 2 to read as follows:
   2.  KNOWING  OR  HAVING  REASONABLE  GROUNDS TO KNOW THAT A CONTROLLED
 SUBSTANCE, OR ANY MIXTURE, COMPOUND,  OR  COMBINATION  OF  A  CONTROLLED
 SUBSTANCE WITH OTHER SUBSTANCES, IS LIKELY TO CAUSE THE DEATH OF ANOTHER
 PERSON,  HE  OR SHE SELLS, ADMINISTERS, DELIVERS, OR CAUSES THE DELIVERY
 OF A CONTROLLED SUBSTANCE TO  ANOTHER  PERSON  AND  SUCH  SUBSTANCE,  OR
 MIXTURE, COMPOUND, OR COMBINATION OF SUBSTANCES, CAUSES, CONTRIBUTES TO,
 OR AIDS IN THE DEATH OF SUCH OTHER PERSON; OR
   §  3.  Subdivision  4  of section 125.20 of the penal law, as added by
 chapter 477 of the laws of 1990, is amended and a new subdivision  5  is
 added to read as follows:
   4.  Being eighteen years old or more and with intent to cause physical
 injury to a person less than eleven years old, the defendant  recklessly
 engages in conduct which creates a grave risk of serious physical injury
 to such person and thereby causes the death of such person[.]; OR
   5.  HE  OR SHE COMMITS THE CRIME OF MANSLAUGHTER IN THE SECOND DEGREE,
 AS DEFINED IN SUBDIVISION TWO OF SECTION 125.15  OF  THIS  ARTICLE,  AND
 WHERE:
   (A) HE OR SHE SELLS, ADMINISTERS, DELIVERS, OR CAUSES SUCH DELIVERY TO
 AN INDIVIDUAL LESS THAN EIGHTEEN YEARS OLD; OR

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13427-02-3
 A. 8384                             2
              

 
   (B)  THE  SUBSTANCE,  MIXTURE,  COMPOUND, OR COMBINATION OF SUBSTANCES
 INCLUDES ANY SUBSTANCE LISTED IN SCHEDULE  I,  II,  III,  IV,  OR  V  OF
 SECTION  THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW THAT IS CLAS-
 SIFIED AS EITHER AN OPIATE OR OPIUM DERIVATIVE UNDER SUCH LAW; OR
   (C) HE OR SHE SELLS, ADMINISTERS, DELIVERS, OR CAUSES SUCH DELIVERY TO
 AN INDIVIDUAL ALREADY IMPAIRED BY ONE OR MORE SUBSTANCES; OR
   (D)  HE  OR SHE SELLS, ADMINISTERS, DELIVERS, OR CAUSES SUCH DELIVERY,
 WHILE KNOWING OR HAVING REASONABLE GROUNDS TO KNOW THAT SUCH  INDIVIDUAL
 INTENDED  TO  USE  ONE OR MORE ADDITIONAL SUBSTANCES IN CONJUNCTION WITH
 CONVEYED SUBSTANCE; OR
   (E) HE OR SHE SELLS, ADMINISTERS, DELIVERS, OR CAUSES  SUCH  DELIVERY,
 WHILE  KNOWING OR HAVING REASONABLE GROUNDS TO KNOW THAT SUCH INDIVIDUAL
 HAD EITHER COMPLETED A DRUG REHABILITATION PROGRAM OR  OVERDOSED  WITHIN
 THIRTY DAYS OF SUCH CONVEYANCE; OR
   (F)  IN  CASES  INVOLVING  A  MIXTURE,  COMPOUND,  OR  COMBINATION  OF
 SUBSTANCES, HE OR SHE DOES NOT DISCLOSE TO THE IMMEDIATE NEXT  RECIPIENT
 THE  FULL  AND ACCURATE LISTING OF SUBSTANCES CONTAINED IN SUCH MIXTURE,
 COMPOUND, OR COMBINATION OF SUBSTANCES.
   § 4. Subdivision 2 of section 125.22 of the penal  law,  as  added  by
 chapter  765  of the laws of 2005, is amended and a new subdivision 3 is
 added to read as follows:
   2. with intent to cause the death of a police officer or  peace  offi-
 cer, where such officer was in the course of performing his or her offi-
 cial  duties and the defendant knew or reasonably should have known that
 such victim was a police officer or peace officer, he or she causes  the
 death  of  such officer or another police officer or peace officer under
 circumstances which do not constitute murder  because  he  or  she  acts
 under  the  influence  of  extreme  emotional disturbance, as defined in
 paragraph (a) of subdivision one of section 125.25 OF THIS ARTICLE.  The
 fact  that  homicide  was  committed  under  the  influence  of  extreme
 emotional disturbance constitutes  a  mitigating  circumstance  reducing
 murder to aggravated manslaughter in the first degree or manslaughter in
 the  first  degree  and  need not be proved in any prosecution initiated
 under this subdivision[.]; OR
   3. HE OR SHE COMMITS THE CRIME OF MANSLAUGHTER IN THE  SECOND  DEGREE,
 AS  DEFINED  IN  SUBDIVISION  TWO OF SECTION 125.15 OF THIS ARTICLE, AND
 WHERE:
   (A) HE OR SHE SELLS, ADMINISTERS, DELIVERS, OR CAUSES SUCH DELIVERY TO
 AN INDIVIDUAL LESS THAN SIXTEEN YEARS OLD; OR
   (B) HE OR  SHE  HAS  PRIOR  KNOWLEDGE  THAT  THE  SUBSTANCE,  MIXTURE,
 COMPOUND,  OR  COMBINATION  OF  SUBSTANCES  (I)  HAS CAUSED THE DEATH OF
 ANOTHER PERSON OR (II) CONTAINS AN INGREDIENT, SUBSTANCE, COMPONENT,  OR
 ADDITIVE THAT HAS CAUSED THE DEATH OF ANOTHER PERSON.
   §  5.  The penal law is amended by adding a new section 125.23 to read
 as follows:
 § 125.23 PRESUMPTION; CONTROLLED SUBSTANCES.
   IN ANY PROSECUTION UNDER SECTION 125.15, 125.20,  OR  125.22  OF  THIS
 ARTICLE,  IT  SHALL BE PRESUMPTIVE EVIDENCE THAT A CONTROLLED SUBSTANCE,
 OR ANY MIXTURE, COMPOUND, OR COMBINATION OF A CONTROLLED SUBSTANCE  WITH
 OTHER  SUBSTANCES  IS  LIKELY  TO CAUSE THE DEATH OF ANOTHER PERSON WHEN
 SUCH SUBSTANCE, OR ANY MIXTURE, COMPOUND, OR COMBINATION OF A CONTROLLED
 SUBSTANCE WITH OTHER SUBSTANCES, IS SOLD,  ADMINISTERED,  DELIVERED,  OR
 CAUSED  TO  BE  DELIVERED  WITHOUT  A  PRESCRIPTION FROM A DULY LICENSED
 MEDICAL PROFESSIONAL. THE  SALE,  ADMINISTRATION,  DELIVERY,  OR  CAUSED
 DELIVERY  OF A CONTROLLED SUBSTANCE, OR ANY MIXTURE, COMPOUND, OR COMBI-
 NATION OF A CONTROLLED SUBSTANCE WITH OTHER SUBSTANCES, BY ANY  INDIVID-
 A. 8384                             3
 
 UAL OTHER THAN A DULY LICENSED MEDICAL PROFESSIONAL SHALL BE PRESUMPTIVE
 EVIDENCE  THAT  SUCH  PERSON KNEW OR HAD REASONABLE GROUNDS TO KNOW THAT
 SUCH SUBSTANCE, MIXTURE, COMPOUND,  OR  COMBINATION  OF  SUBSTANCES  WAS
 LIKELY TO CAUSE THE DEATH OF SUCH OTHER PERSON.
   § 6. This act shall take effect immediately.