Relates to the criminal sale of a controlled substance to a person less than fourteen years of age

10 Co-sponsors

• Tony Avella
• Patrick M. Gallivan
• Martin J. Golden
• Andrew J. Lanza
• William J. Larkin Jr.
• George D. Maziarz
• Michael F. Nozzolio
• Ted O'Brien
• Catharine Young
• Lee M. Zeldin

BILL NUMBER:S988A

Title of bill

An act to amend the penal law, in relation to the criminal sale of a controlled substance to a person less than fourteen years of age

Purpose of bill

To amend the Penal Law to provide that the sale of controlled substances to minors under 14 may be prosecuted as a more serious offense.

Summary of specific provisions

Adds § 220.49 of the Penal. Law which creates the crime of criminal sale of a controlled substance to a child in the first degree, making the sale of a controlled substance by an adult to a minor under the age of 14 a class A-II felony. Also Amends the title of § 220.42 of the Penal Law, reflecting the lesser included offense of criminal sale of controlled substance to a child in the second degree.

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.

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 computers 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 minor.

Drug use 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 be dealt with harshly in appropriate circumstances. This bill is intended to punish those who profit from the enterprise of selling 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

S.988 (2013) - Passed Senate S.3210B(2012) - Passed Senate A.6494 (2010)

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law.