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History
- Print number 6494a
- Amend and recommit to codes
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Makes sale of a controlled substance to a person less than 14 or 18 years of age the criminal sale of a controlled substance in the 1st or 2nd degree respectively
In Senate Committee · Codes · Sponsor Craig M. Johnson
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A6494A
Title of bill
An act to amend the penal law, in relation to the sale of controlled substances to minors
Purpose of bill
To amend the Penal Law to provide that the sale of controlled substances to minors may be prosecuted as a more serious offense.
Summary of specific provisions
§220.41 and §220.43 are amended by adding new sections which address the sale of a controlled substance to a person less than eighteen (10 years of age and to a person less than fourteen (14) years of age.
Justification
There has been a recent increase in drug use, especially opiate based substances, by young adults and teenagers. There has also been an increase in overdose cases and overdose deaths. Many of these youngsters start experimenting in their teenage years with addicting prescription drugs and opiate based prescription drugs. Being adoles- cents, they believe they are invincible. They become dependent on the likes of oxycodine, vicodin and other controlled substances. There comes a point where it becomes too expensive and difficult to obtain the prescriptions. Some will then turn to heroin as a replacement so they can obtain the desired high they felt from the prescriptions. They may start by snorting or smoking it believing that this will not result in addiction. When a more desirable high is needed they being to use it intravenously.
Nassau County recently had a crisis when middle school children thirteen and fourteen years old wanted to use heroin. They left home and began a search to buy heroin as was later detected by a review of their computer internet history. To provide a criminal sanction for drug dealers, there is a need for the section dealing with someone who would sell drugs to a child this age.
Drug use (especially heroin) has become more prevalent among high school students. Although, the total answer to this epidemic is not to be found in the amendment of these two sections of the law, the passage of this bill will result in another tool to help in the battle to protect our children. Drug dealers prey upon our young people and must in appropri- ate circumstances be dealt with harshly. The proposals embodied in this bill are not intended to punish the drug afflicted youngsters, but are instead intended to punish those who profit from the enterprise of sell- ing these drugs to our children.
It is widely recognized that the combination of education, treatment and enforcement is the most effective way to protect our youngsters from narcotics addiction. This bill provides substantial assistance to law enforcement in the crucially important element of enforcement.
Legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect on September 1, 2010.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.