S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8397
 
                        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, GONZALEZ-ROJAS, SIMON,
   K. BROWN, E. BROWN, DeSTEFANO, GANDOLFO,  BLUMENCRANZ,  CHANG,  DURSO,
   FLOOD,  McDONOUGH,  BLANKENBUSH,  GRAY, SLATER, BENDETT -- Multi-Spon-
   sored by -- M. of A. SHIMSKY -- read once and referred to the  Commit-
   tee on Governmental Operations

 AN  ACT  to  amend  the executive law, in relation to the award of crime
   victim assistance funds to victims of overdoses, where such  overdoses
   were  the  result of deception, surreptitious delivery, or third-party
   administration of a controlled substance which causes death
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (ii)  of  paragraph (e) of subdivision 1 of
 section 632-a of the executive law, as amended by section 24 of part A-1
 of chapter 56 of the laws of 2010, is amended to read as follows:
   (ii) Notwithstanding the provisions of subparagraph (i) of this  para-
 graph  a  "specified crime" shall not mean or include an offense defined
 in any of the following articles of the penal law: articles one  hundred
 fifty-eight, one hundred seventy-eight, [two hundred twenty, two hundred
 twenty-one,] two hundred twenty-five, and two hundred thirty.
   §  2. Paragraph (e) of subdivision 1 of section 632-a of the executive
 law is amended by adding a new subparagraph (iii) to read as follows:
   (III) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
 GRAPH A "SPECIFIED CRIME" SHALL NOT MEAN OR INCLUDE AN  OFFENSE  DEFINED
 IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW UNLESS IT IS DEMONSTRATED
 THAT  SUCH  OFFENSE  (A)  INVOLVES THE DEATH OF THE VICTIM; (B) INVOLVES
 DECEPTION, SURREPTITIOUS DELIVERY, OR THIRD-PARTY  ADMINISTRATION  OF  A
 CONTROLLED SUBSTANCE BY ANOTHER PERSON; AND (C) THE VICTIM'S CONSUMPTION
 OF  THE CONTROLLED SUBSTANCE WAS PREDICATED UPON, OR A DIRECT RESULT OF,
 THE DECEPTION, SURREPTITIOUS DELIVERY, OR THIRD-PARTY ADMINISTRATION  BY
 ANOTHER PERSON. FOR PURPOSES OF THIS SUBPARAGRAPH, AN ACT OF "DECEPTION"
 SHALL INCLUDE, BUT NOT BE LIMITED TO, A CIRCUMSTANCE WHERE A THIRD-PARTY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13551-01-3
              

 A. 8397                             2
 
 SELLS, ADMINISTERS, DELIVERS, OR CAUSES DELIVERY OF A MIXTURE, COMPOUND,
 OR COMBINATION OF SUBSTANCES AND DOES NOT DISCLOSE TO THE IMMEDIATE NEXT
 RECIPIENT  THE FULL AND ACCURATE LISTING OF SUBSTANCES CONTAINED IN SUCH
 MIXTURE, COMPOUND, OR COMBINATION OF SUBSTANCES.
   §  3. Subdivision 5 of section 621 of the executive law, as amended by
 chapter 189 of the laws of 2018, is amended to read as follows:
   5. "Victim" shall mean (a) a  person  who  suffers  personal  physical
 injury  as a direct result of a crime; (b) a person who is the victim of
 either the crime of (1) unlawful imprisonment in  the  first  degree  as
 defined in section 135.10 of the penal law, (2) kidnapping in the second
 degree  as defined in section 135.20 of the penal law, (3) kidnapping in
 the first degree as defined in section 135.25  of  the  penal  law,  (4)
 menacing  in  the first degree as defined in section 120.13 of the penal
 law, (5) criminal obstruction  of  breathing  or  blood  circulation  as
 defined in section 121.11 of the penal law, (6) harassment in the second
 degree  as defined in section 240.26 of the penal law, (7) harassment in
 the first degree as defined in section 240.25  of  the  penal  law,  (8)
 aggravated  harassment  in  the  second degree as defined in subdivision
 three or five of section 240.30 of the penal law, (9) aggravated harass-
 ment in the first degree as defined in subdivision two of section 240.31
 of the penal law, (10) criminal contempt in the first degree as  defined
 in  subdivision  (b)  or  subdivision (c) of section 215.51 of the penal
 law, (11) stalking in the fourth,  third,  second  or  first  degree  as
 defined  in sections 120.45, 120.50, 120.55 and 120.60 of the penal law,
 (12) labor trafficking as defined in section 135.35 of  the  penal  law,
 (13)  sex  trafficking as defined in section 230.34 of the penal law; or
 (14) sex trafficking of a child as defined in section  230.34-a  of  the
 penal  law;  a vulnerable elderly person or an incompetent or physically
 disabled person as defined in section 260.31 of the penal law who incurs
 a loss of savings as defined in subdivision twenty-four of this section;
 or a person who has had a frivolous lawsuit filed against them; AND  (C)
 A  PERSON  WHO  SUFFERS  DEATH  AS  A RESULT OF DECEPTION, SURREPTITIOUS
 DELIVERY, OR THIRD-PARTY ADMINISTRATION OF  A  CONTROLLED  SUBSTANCE  BY
 ANOTHER  PERSON UNDER CIRCUMSTANCES ARTICULATED IN SUBPARAGRAPH (III) OF
 PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION SIX HUNDRED THIRTY-TWO-A  OF
 THIS ARTICLE.
   § 4. This act shall take effect immediately.