NY State Senate Bill 2023-S6427

Senate Bill S6427

2023-2024 Legislative Session

Includes exposing a first responder or correction officer to fentanyl, a fentanyl derivative or an opiate containing fentanyl or fentanyl derivative in the definition of the offense of assault in the first degree

download bill text pdf

Current 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Apr 19, 2023	referred to codes

co-Sponsors

View additional co-sponsors

2023-S6427 (ACTIVE) - Details

See Assembly Version of this Bill:: A4085
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §120.10, Pen L

2023-S6427 (ACTIVE) - Summary

Includes exposing a first responder or correction officer to fentanyl, a fentanyl derivative or an opiate containing fentanyl or a fentanyl derivative in the definition of the offense of assault in the first degree.

2023-S6427 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6427

SPONSOR: CANZONERI-FITZPATRICK
 
TITLE OF BILL:

An act to amend the penal law, in relation to including exposing a first
responder or correction officer to fentanyl, fentanyl derivatives or
opiates containing fentanyl or fentanyl derivatives in the definition of
the offense of assault in the first degree

 
PURPOSE:

To establish that exposing a first responder or correction officer to
fentanyl, fentanyl derivatives or opiates containing fentanyl or fenta-
nyl derivatives, by any means, including, but not limited to throwing or
tossing at or injecting with intent to cause serious injury, is the
crime of assault in the first degree, a class B felony.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new subdivision 5 to section 120.10 of the penal law
to provide that a person is guilty of assault in the first degree if an

individual causes injury to a first responder or correction officer by
exposing them to fentanyl, a fentanyl derivative or an opiate containing
fentanyl or fentanyl derivative by any means, including, but not limited
to throwing, or tossing at or injecting the first responder or
correction officer with the intent to cause serious injury. This section
also makes technical amendments pertaining to gender.

Section 2: Provides the effective date.

 
JUSTIFICATION:

According to the DEA, exposure to fentanyl can pose serious dangers for
first responders. Fentanyl is up to 50 times more potent than heroin and
100 times more potent than morphine. As of December 2022, the DEA has
identified at least 38 deadly fentanyl-related compounds. This drug and
its compounds can be absorbed through the skin, inhaled through airborne
powder, or absorbed through the skin or eyes. There have been numerous
reports of a first responder being exposed to fentanyl and its deriva-
tives during routine law enforcement, emergency or lifesaving activities
where Naloxone (Narcan) had to been administered to the first responder
to prevent an overdose or death. In January 2023, the Correction Offi-
cers' Benevolent Association reported that a New York City female
correction officer was administered Narcan after being exposed to an
inmates fentanyl-laced mail; despite wearing multiple layers of gloves.
First responders and corrections officers, in the course of their
duties, are at grave risk through exposure to this deadly toxin, even in
small amounts. According to the DEA, law enforcement officers who are
exposed to fentanyl can experience serious negative health effects,
respiratory depression, and death.  This bill makes it a B felony when a
first responder or correction officer is intentionally exposed to this
deadly substance.

 
LEGISLATIVE HISTORY:

Similar to S.2063 of 2021-22.

 
FISCAL IMPLICATIONS: None to the state.
 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date upon which it shall have become a law and shall apply to offenses
committed on or after such effective date. Effective immediately the
addition, amendment or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized to
be made and completed on or before such date.

2023-S6427 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6427
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 2023
                                ___________
 
 Introduced  by  Sens.  CANZONERI-FITZPATRICK, GALLIVAN -- 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 including exposing a first
   responder  or  correction officer to fentanyl, fentanyl derivatives or
   opiates containing fentanyl or fentanyl derivatives in the  definition
   of the offense of assault in the first degree
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 120.10 of the penal law, subdivision 4  as  amended
 by  chapter 791 of the laws of 1967 and the closing paragraph as amended
 by chapter 646 of the laws of 1996, is amended to read as follows:
 § 120.10 Assault in the first degree.
   A person is guilty of assault in the first degree when:
   1. With intent to cause serious physical injury to another person,  he
 OR  SHE  causes such injury to such person or to a third person by means
 of a deadly weapon or a dangerous instrument; or
   2. With intent to disfigure another person seriously and  permanently,
 or  to destroy, amputate or disable permanently a member or organ of his
 OR HER body, he OR SHE causes such injury to such person or to  a  third
 person; or
   3. Under circumstances evincing a depraved indifference to human life,
 he  OR  SHE  recklessly engages in conduct which creates a grave risk of
 death to another person, and thereby causes serious physical  injury  to
 another person; or
   4.  In the course of and in furtherance of the commission or attempted
 commission of a felony or of immediate flight therefrom, he OR  SHE,  or
 another participant if there be any, causes serious physical injury to a
 person other than one of the participants; OR
   5.  WITH  INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO A FIRST RESPONDER
 AS DEFINED IN SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW, OR  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08606-03-3

 S. 6427                             2
 
 CORRECTION OFFICER, HE OR SHE CAUSES SUCH INJURY TO SUCH FIRST RESPONDER
 OR  CORRECTION  OFFICER  BY  EXPOSING SUCH FIRST RESPONDER OR CORRECTION
 OFFICER TO FENTANYL, A  FENTANYL  DERIVATIVE  OR  AN  OPIATE  CONTAINING
 FENTANYL  OR  A  FENTANYL  DERIVATIVE  BY  ANY MEANS, INCLUDING, BUT NOT
 LIMITED TO, THROWING OR TOSSING AT OR INJECTING SUCH FIRST RESPONDER  OR
 CORRECTION OFFICER WITH ANY SUCH SUBSTANCE.
   Assault in the first degree is a class B felony.
   § 2. This act shall take effect on the first of November next succeed-
 ing  the  date  upon which it shall have become a law and shall apply to
 offenses committed on or after such effective date. Effective immediate-
 ly the addition, amendment or repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6427

Share this bill

Sponsored By

Patricia Canzoneri-Fitzpatrick

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

Jacob Ashby

George M. Borrello

Patrick M. Gallivan

Peter Oberacker

2023-S6427 (ACTIVE) - Details

2023-S6427 (ACTIVE) - Summary

2023-S6427 (ACTIVE) - Sponsor Memo

2023-S6427 (ACTIVE) - Bill Text download pdf

Comments