What's happening
This bill creates new felony offenses for unlawfully transporting opiate controlled substances over five miles or between counties in New York.
Why it matters
Establishes new felony penalties specifically for transporting opiate-based controlled substances. over distances greater than five miles or between counties, targeting both personal use and non-personal use cases.
Creates a two-tiered system of charges. transporting for personal use is a lower-level (class E) felony, while transporting for any other reason (such as distribution) is a much more serious (class B) felony, increasing legal risk for those suspected of trafficking.
Broadly defines "opiate controlled substance". to include any opiate or opium derivative listed in schedules I–V of New York’s public health law, meaning the law could apply to a wide range of prescription and illicit drugs.
May impact addiction and public health responses. by imposing felony charges for certain acts of possession and movement, potentially deterring people from seeking help or treatment due to fear of prosecution.
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Who cares
Headline styles
Ban Opiate Drug Transport
Plain English, a few words. Used as the page title.
Sponsors
History
- Held for consideration in 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.
Crackdown on Opiate Transport
In Senate Committee · Codes · Sponsor Phil Boyle
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3295
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. RAIA, CROUCH, FRIEND, PALMESANO, BRABENEC -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the transport of an opiate controlled substance
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 220.00 of the penal law is amended by adding a new subdivision 21 to read as follows:
21. "Opiate controlled substance" means any substance listed in schedule I, II, III, IV or V of section thirty-three hundred six of the public health law that is classified as either an opiate or opium derivative under such law.
§ 2. The penal law is amended by adding two new sections 220.80 and 220.85 to read as follows: § 220.80 Transport of an opiate controlled substance in the second
degree.
A person is guilty of transport of an opiate controlled substance in the second degree when he or she unlawfully transports an opiate controlled substance any distance greater than five miles within the state or from one county within the state to another county within the state, for his or her own personal use.
Transport of an opiate controlled substance in the second degree is a class E felony. § 220.85 Transport of an opiate controlled substance in the first
degree.
A person is guilty of transport of an opiate controlled substance in the first degree when he or she unlawfully transports an opiate controlled substance any distance greater than five miles within the state or from one county within the state to another county within the state.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05395-01-7
A. 3295 2
It shall be a defense to the crime of transport of an opiate controlled substance in the first degree that the opiate controlled substance transported was exclusively for the defendant's own personal use. Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, transport of an opiate controlled substance in the second degree or any other crime.
Transport of an opiate controlled substance in the first degree is a class B felony.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.