NY State Senate Bill 2023-S7790

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Dec 06, 2023	referred to rules

co-Sponsors

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2023-S7790 (ACTIVE) - Details

See Assembly Version of this Bill:: A8384
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§125.15, 125.20 & 125.22, add §125.23, Pen L

2023-S7790 (ACTIVE) - Summary

Enacts "Chelsey's law"; provides that a person commits the crime of manslaughter or aggravated manslaughter when he or she knows or has reasonable grounds to know that a controlled substance is likely to cause the death of another person and sells, administers, delivers, or causes the delivery of a controlled substance to another person and such substance causes, contributes to, or aids in the death of such other person.

2023-S7790 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7790

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the penal law, in relation to enacting "Chelsey's law"

 
PURPOSE::

This bill, commonly known as a 'death by dealer' statute, amends the
penal law to devise a new statutory scheme around 'drug-induced
manslaughter' that codifies certain proximate homicide precepts applica-
ble to controlled substances.

 
SUMMARY OF PROVISIONS::

Section 1. States that this act shall be known and may be cited as
"Chelsey's Law".

Section 2. Amends section 125.15 of the penal law by adding a new subdi-
vision 2.

Section 3. Amends subdivision 4 of section 125.20 of the penal law, as
added by chapter 477 of the laws of 1990, and adds a new subdivision 5.

Section 4. Amends subdivision 2 of section 125.22 of the penal law, as
added by chapter 765 of the laws of 2005, and adds a new subdivision 3.

Section 5. Amends the penal law by adding a new section 125.23.

Section 6. Sets the effective date.

 
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. 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.

Currently, a person who provides an illicit drug that results in the
death of a user can typically only be charged with criminal sale of a
controlled substance (a class B non-violent felony), allowing those
involved in the illicit drug trade to escape prosecution for the deaths
caused by their actions. This bill, which is largely consistent with
case law holdings, would hold drug dealers accountable for the true cost
of their activities, significantly diminish the open availability of
these dangerous drugs on our streets and give district attorneys the
necessary tools to work up the criminal chain to the ultimate supplier.

Tis legislation is named "Chelsey' Law" in honor of Chelsey Murray, a 31
year old Suffolk County resident who tragically passed away in August
2022 from fentanyl poisoning attributed to a nefarious drug dealer. The
Murray's were one of 399 families in Suffolk County that lost a child
due to a fatal opioid overdose in 2022, illustrating the tragic real-
world impacts of the scourge of illegal drug sales in our local communi-
ties.
 
LEGISLATIVE HISTORY::

New bill

 
FISCAL IMPLICATIONS::

None

 
EFFECTIVE DATE::

Immediately

2023-S7790 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7790
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 6, 2023
                                ___________
 
 Introduced  by  Sens. PALUMBO, MATTERA, MURRAY, RHOADS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Rules
 
 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
   (B)  THE  SUBSTANCE,  MIXTURE,  COMPOUND, OR COMBINATION OF SUBSTANCES
 INCLUDES ANY SUBSTANCE LISTED IN SCHEDULE  I,  II,  III,  IV,  OR  V  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13427-02-3

 S. 7790                             2
 
 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-
 UAL OTHER THAN A DULY LICENSED MEDICAL PROFESSIONAL SHALL BE PRESUMPTIVE
 EVIDENCE  THAT  SUCH  PERSON KNEW OR HAD REASONABLE GROUNDS TO KNOW THAT
 S. 7790                             3
 
 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.

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Senate Bill S7790

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

2023-S7790 (ACTIVE) - Details

2023-S7790 (ACTIVE) - Summary

2023-S7790 (ACTIVE) - Sponsor Memo

2023-S7790 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7790

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Sponsored By

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

2023-S7790 (ACTIVE) - Details

2023-S7790 (ACTIVE) - Summary

2023-S7790 (ACTIVE) - Sponsor Memo

2023-S7790 (ACTIVE) - Bill Text download pdf

Comments