Reduces the aggregate value realized from the sale of a controlled substance for the seller to be considered as operating as a major trafficker

23 Co-sponsors

• Greg Ball
• John J. Bonacic
• Phil Boyle
• Simcha Felder
• Patrick M. Gallivan
• Martin J. Golden
• Joseph A. Griffo
• Kemp Hannon
• Andrew J. Lanza
• William J. Larkin Jr.
• Betty Little
• Carl L. Marcellino
• Kathleen A. Marchione
• Jack M. Martins
• George D. Maziarz
• Thomas F. O'Mara
• Michael H. Ranzenhofer
• Patty Ritchie
• Joseph E. Robach
• Diane J. Savino
• James L. Seward
• David J. Valesky
• Catharine Young

BILL NUMBER:S7663

Title of bill

An act to amend the penal law, in relation to controlled substance organizations and operating as a major trafficker

Purpose

This bill would redefine the crime of operating as a major trafficker to more accurately reflect the nature of such criminal enterprise.

Summary of provisions

Section 1 amends subdivision 18 of section 220.00 of the penal law to change the number of persons sharing a common purpose under the definition of "controlled substance organization" from four to three.

This section also amends subdivision 20 of section 220.00 of the penal law to remove the exclusion from the definition of "profiteer" one who acts only as an employee; or acting as an accomplice to a friend or relative; or acting only under the direction and control of others and exercises no substantial, independent role in arranging or directing transactions.

Section 2 amends section 220.77 of the penal law to change the aggregate value of the proceeds collected or due from sale or sales of controlled substances by a controlled substance organization for the purposes of being found guilty of the crime of operating as a major trafficker, from seventy-five thousand dollars or more, to twenty-five thousand dollars or more.

This section also creates an affirmative defense to the crime of operating as a major trafficker if the defendant was under the direction and control of others and exercised no substantial, independent role in arranging or directing the transactions in question.

Section 3 states that this act shall become establishes the effective date as the ninetieth day after it becomes law.

Justification

Heroin use is an epidemic in our state. Its impact now touches every aspect of our society regardless of income, education, gender or community. Upstate and Downstate are suffering from this scourge. It's ruining peoples' lives and destroying families. The increasing availability of this drug combined with more powerful incarnations and its sheer addictiveness has created a public health and safety crisis of incredible magnitude. This crisis includes the all too often death of too many New Yorkers. Under current law, major traffickers of the heroin are able to avoid prosecution for their role in infecting our communities with the menace of heroin. Current law makes it too difficult to prove the criminal enterprise that must exist to convict a major trafficker. This law would more accurately reflect the nature of the business of major drug dealers in our State and appropriately hold them accountable.

Legislative history

None.

Fiscal implications

To be determined.

Effective date

This act shall take effect the ninetieth day after it shall have become law.