S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5069
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2025
                                ___________
 
 Introduced by M. of A. STERN, BRAUNSTEIN, PHEFFER AMATO, WOERNER, JONES,
   SANTABARBARA,  BUTTENSCHON,  McMAHON, BARRETT, STIRPE, FALL, JACOBSON,
   WILLIAMS, SAYEGH, EACHUS, BERGER, RA, K. BROWN,  E. BROWN,  DeSTEFANO,
   GANDOLFO,  BLUMENCRANZ,  BLANKENBUSH,  DURSO, McDONOUGH, JENSEN, GRAY,
   SLATER, CHANG -- 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, SUCH PERSON 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.  THE  DEFENDANT  COMMITS  THE  CRIME  OF MANSLAUGHTER IN THE SECOND
 DEGREE, AS DEFINED IN SUBDIVISION TWO OF SECTION 125.15 OF THIS ARTICLE,
 AND WHERE:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02143-01-5
 A. 5069                             2
              

 
   (A) THE DEFENDANT SELLS, ADMINISTERS, DELIVERS, OR CAUSES SUCH  DELIV-
 ERY 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
 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) THE DEFENDANT SELLS, ADMINISTERS, DELIVERS, OR CAUSES SUCH  DELIV-
 ERY TO AN INDIVIDUAL ALREADY IMPAIRED BY ONE OR MORE SUBSTANCES; OR
   (D)  THE DEFENDANT SELLS, ADMINISTERS, DELIVERS, OR CAUSES SUCH DELIV-
 ERY, WHILE KNOWING OR HAVING REASONABLE GROUNDS TO KNOW THAT SUCH  INDI-
 VIDUAL  INTENDED TO USE ONE OR MORE ADDITIONAL SUBSTANCES IN CONJUNCTION
 WITH CONVEYED SUBSTANCE; OR
   (E) THE DEFENDANT SELLS, ADMINISTERS, DELIVERS, OR CAUSES SUCH  DELIV-
 ERY,  WHILE KNOWING OR HAVING REASONABLE GROUNDS TO KNOW THAT SUCH INDI-
 VIDUAL 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, THE DEFENDANT DOES NOT DISCLOSE TO THE IMMEDIATE NEXT RECIP-
 IENT 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]
 THEIR  official  duties and the defendant knew or reasonably should have
 known that such victim was a police officer or  peace  officer,  [he  or
 she]  THE  DEFENDANT  causes the death of such officer or another police
 officer or peace officer under circumstances  which  do  not  constitute
 murder  because  [he  or  she] THE DEFENDANT acts under the influence of
 extreme emotional disturbance, as defined in paragraph (a)  of  subdivi-
 sion  one  of section 125.25 OF THIS ARTICLE. The fact that homicide was
 committed under the influence of extreme emotional  disturbance  consti-
 tutes   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  subdivi-
 sion[.]; OR
   3.  THE  DEFENDANT  COMMITS  THE  CRIME  OF MANSLAUGHTER IN THE SECOND
 DEGREE, AS DEFINED IN SUBDIVISION TWO OF SECTION 125.15 OF THIS ARTICLE,
 AND WHERE:
   (A) THE DEFENDANT SELLS, ADMINISTERS, DELIVERS, OR CAUSES SUCH  DELIV-
 ERY TO AN INDIVIDUAL LESS THAN SIXTEEN YEARS OLD; OR
   (B)  THE  DEFENDANT  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
 A. 5069                             3
 
 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
 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.