NY State Senate Bill 2025-S1387

Senate Bill S1387

2025-2026 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

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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 09, 2025	referred to codes

co-Sponsors

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2025-S1387 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §120.10, Pen L
Versions Introduced in 2023-2024 Legislative Session:: S6427

2025-S1387 (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.

2025-S1387 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1387

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:

2023-24: S.6427 Referred to Codes

 
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.

2025-S1387 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1387
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2025
                                ___________
 
 Introduced  by  Sens.  CANZONERI-FITZPATRICK, ASHBY, BORRELLO, GALLIVAN,
   OBERACKER, ROLISON -- 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] SUCH PERSON causes such injury to such OTHER 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]  SUCH  OTHER PERSON'S body, [he] SUCH PERSON causes such injury to
 such OTHER person or to a third person; or
   3. Under circumstances evincing a depraved indifference to human life,
 [he] SUCH PERSON 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] SUCH
 PERSON, 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.
                                                            LBD01124-02-5

 S. 1387                             2
 
 CORRECTION OFFICER, SUCH PERSON CAUSES SUCH INJURY TO SUCH FIRST RESPON-
 DER 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.

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Senate Bill S1387

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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

2025-S1387 (ACTIVE) - Details

2025-S1387 (ACTIVE) - Summary

2025-S1387 (ACTIVE) - Sponsor Memo

2025-S1387 (ACTIVE) - Bill Text download pdf

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