NY State Senate Bill 2023-S4058

Senate Bill S4058

2023-2024 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 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 03, 2024	referred to codes
Feb 02, 2023	referred to codes

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2023-S4058 (ACTIVE) - Details

See Assembly Version of this Bill:: A6967
Current Committee:: Senate 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
2021-2022: S1017, A8227

2023-S4058 (ACTIVE) - 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

2023-S4058 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4058

SPONSOR: MANNION
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this bill is to establish certain offenses based on homi-
cide due to criminal sale of a controlled substance and to the criminal
sale of a controlled substance to a child in the first degree.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend the Penal Law by adding two new
sections 125.28 and 125.29.

Section 2 of this bill would amend section 220.16 of the Penal Law by
adding a new subdivision 14.

Section 3 of this bill would amend subdivision 7 of section 220.18 of
the Penal Law and add a new subdivision 8.

Section 4 of this bill would amend subdivision 2 of section 220.21 of
the penal law and add a new subdivision 3.

Section 5 of this bill would subdivision 7 of section 220.41 of the
penal law and add a new subdivision 8.

Section 6 of this bill would amend subdivision 2 of section 220.43 of
the Penal Law and a new subdivision 3.

Section 7 of this bill would amend the heading of section 220.48 of the
Penal Law.

Section 8 of this bill would amend the Penal Law by adding a new section
220.49.

Section 9 of this bill would amend the closing paragraph of section
220.50 of the Penal Law.

Section 10 of this bill would amend Section 220.55 of the Penal Law.

Section 11 of this bill would amend subdivision 15 of section 220.00 of
the Penal Law.

Section 12 of this bill would amend section 220.65 of the Penal Law.

Section 13 of this bill provides that the effective date shall take
effect on the first of November next succeeding the date upon which it
shall have become a law.
 
JUSTIFICATION:

New York State is in the middle of a deadly opioid and heroin epidemic.
New York's rate of overdose deaths involving heroin was 6.5 per 100,000
population, and the rate of deaths involving "opioid pain relievers" was
11.7 per 100,000. There are far too many deaths caused by prescription
pills and heroin. To combat these deadly issues, our state must hold
those who sell illegal substances accountable for the consequences of
their actions, especially when it leads to the death of another individ-
ual.

In 1972, the People of the State of New York v. Pinckney, the court
found a defendant not guilty of homicide or manslaughter, despite sell-
ing heroin, and the instruments to inject heroin, to the individual who
died the same day from a heroin overdose. The County Court held, "the
Penal Law does not contain any provision whereby the sale of a dangerous
drug and the means of injecting it, thereby resulting in the death of
the user, constitute the crime of manslaughter or criminally negligent
homicide." This bill will reverse the outdated precedent and hold sell-
ers responsible for the deaths they caused by their distribution of
illegal drugs. It will also allow for the prosecution of drug dealers
whose sale leads to the death of an individual to be charged with crimi-
nally negligent homicide and/or manslaughter. The bill further strength-
ens the penalty for the sale of illegal substances to minors, especially
in the case of death.

Another important provision is to amend the weight requirements for
heroin in order to be charged with criminal possession or sale. The
average dose of heroin is just 0.03 grams, which means that even an
extremely small amount can be deadly. This bill will decrease the weight
requirements so that individuals who carry and distribute small, but
lethal, amounts of heroin can be charged with a crime.  Finally, it will
include the abuse of electronic prescriptions and blank prescription
forms as punishable offenses. Currently, neither the sale of an elec-
tronic prescription nor the sale of a blank prescription from a medical
provider is included in the criminal sale of prescriptions statute. The
addition of these provisions will further limit the ability for abuse
from providers and patients in purchasing prescription drugs.

The scourge of illegal drug sales and usage is a complex and widespread
problem in our communities. In addition to expanding prevention and
treatment services, the penalty for selling drugs that lead to death,
especially the deaths of minors must be strong enough to reflect the
severity of the crime. Statues must also reflect and criminalize the
full range of mechanisms through which drug dealers can acquire and sell
illegal substances.  This bill will further these goals and is an impor-
tant step forward in solving the epidemic of substance abuse in our
state.

 
FISCAL IMPLICATIONS:

None.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S.1017-A (Kaminsky) - Referred to Codes.

2019-20: S.6818 (Kaminsky) - Referred to Codes.
2017-18: S.4343 (Phillips) - Referred to Codes.

2015-16: S.7512 (Martines) - Referred to Codes.

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

2023-S4058 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4058
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced  by Sens. MANNION, PALUMBO -- 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  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
 SALE OF A PRESCRIPTION FOR A CONTROLLED SUBSTANCE, A BLANK  PRESCRIPTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07747-01-3

 S. 4058                             2
 
 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
 WITH  THE  CONTROLLED SUBSTANCE SOLD; (V) THE PERSON KNEW, OR HAD REASON
 S. 4058                             3

 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
   8.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING   HEROIN   AND   THE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR
 S. 4058                             4
 
 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,
 AN ELECTRONIC PRESCRIPTION, a  written  prescription  form  or  an  oral
 S. 4058                             5
 
 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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Senate Bill S4058

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Sponsored By

John W. Mannion