STATE OF NEW YORK ________________________________________________________________________ 4414 2019-2020 Regular Sessions IN ASSEMBLY February 4, 2019 ___________ Introduced by M. of A. DenDEKKER -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to certain controlled substance offenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 7 of section 220.00 of the penal law, as 2 amended by chapter 664 of the laws of 1985, is amended to read as 3 follows: 4 7. "Narcotic drug" means any controlled substance listed in schedule 5 I(b), I(c), II(b) or II(c) other than methadone or heroin. 6 § 2. The opening paragraph and subdivision 8 of section 220.06 of the 7 penal law, the opening paragraph as amended by chapter 75 of the laws of 8 1995, subdivision 8 as added by chapter 264 of the laws of 2003, are 9 amended and a new subdivision 9 is added to read as follows: 10 A person is guilty of criminal possession of a controlled substance in 11 the fifth degree when he or she knowingly and unlawfully possesses: 12 8. one or more preparations, compounds, mixtures or substances 13 containing gamma hydroxybutyric acid, as defined in paragraph four of 14 subdivision (e) of schedule I of section thirty-three hundred six of the 15 public health law, and said preparations, compounds, mixtures or 16 substances are of an aggregate weight of twenty-eight grams or more[.]; 17 or 18 9. one or more preparations, compounds, mixtures or substances 19 containing heroin, and said preparations, compounds, mixtures or 20 substances are of an aggregate weight of five hundred milligrams or 21 more. 22 § 3. The opening paragraph and subdivision 15 of section 220.09 of the 23 penal law, the opening paragraph as amended by chapter 75 of the laws of 24 1995 and subdivision 15 as added by chapter 264 of the laws of 2003, are 25 amended and two new subdivisions 16 and 17 are added to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08004-01-9

A. 4414 2 1 A person is guilty of criminal possession of a controlled substance in 2 the fourth degree when he or she knowingly and unlawfully possesses: 3 15. one or more preparations, compounds, mixtures or substances 4 containing gamma hydroxybutyric acid, as defined in paragraph four of 5 subdivision (e) of schedule I of section thirty-three hundred six of the 6 public health law, and said preparations, compounds, mixtures or 7 substances are of an aggregate weight of two hundred grams or more[.]; 8 or 9 16. one or more preparations, compounds, mixtures or substances 10 containing heroin, its salts, isomers or salts of isomers and said prep- 11 arations, compounds, mixtures or substances are of an aggregate weight 12 of one gram or more; or 13 17. one or more preparations, compounds, mixtures or substances 14 containing two or more controlled substances, their salts, isomers or 15 salts of isomers, and said preparations, compounds, mixtures or 16 substances are of an aggregate weight of three grams or more. 17 § 4. The opening paragraph and subdivision 13 of section 220.16 of the 18 penal law, as amended by chapter 75 of the laws of 1995, are amended and 19 two new subdivisions 14 and 15 are added to read as follows: 20 A person is guilty of criminal possession of a controlled substance in 21 the third degree when he or she knowingly and unlawfully possesses: 22 13. phencyclidine and said phencyclidine weighs one thousand two 23 hundred fifty milligrams or more[.]; or 24 14. one or more preparations, compounds, mixtures or substances 25 containing heroin, its salts, isomers or salts of isomers and said prep- 26 arations, compounds, mixtures or substances are of an aggregate weight 27 of two grams or more; or 28 15. one or more preparations, compounds, mixtures or substances 29 containing two or more controlled substances, their salts, isomers or 30 salts of isomers, and said preparations, compounds, mixtures or 31 substances are of an aggregate weight of six grams or more. 32 § 5. Subdivision 7 of section 220.18 of the penal law, as amended by 33 chapter 75 of the laws of 1995, is amended and two new subdivisions 8 34 and 9 are added to read as follows: 35 7. methadone and said methadone weighs two thousand eight hundred 36 eighty milligrams or more[.]; or 37 8. one or more preparations, compounds, mixtures or substances 38 containing heroin, its salts, isomers or salts of isomers and said prep- 39 arations, compounds, mixtures or substances are of an aggregate weight 40 of five grams or more; or 41 9. one or more preparations, compounds, mixtures or substances 42 containing two or more controlled substances, their salts, isomers or 43 salts of isomers, and said preparations, compounds, mixtures or 44 substances are of an aggregate weight of thirty-six grams or more. 45 § 6. Subdivision 2 of section 220.21 of the penal law, as amended by 46 chapter 75 of the laws of 1995, is amended and two new subdivisions 3 47 and 4 are added to read as follows: 48 2. methadone and said methadone weighs five thousand seven hundred 49 sixty milligrams or more[.]; or 50 3. one or more preparations, compounds, mixtures or substances 51 containing heroin, its salts, isomers or salts of isomers and said prep- 52 arations, compounds, mixtures or substances are of an aggregate weight 53 of twenty-five grams or more; or 54 4. one or more preparations, compounds, mixtures or substances 55 containing two or more controlled substances, their salts, isomers or 56 salts of isomers, and said preparations, compounds, mixtures or

A. 4414 3 1 substances are of an aggregate weight of one hundred eighty grams or 2 more. 3 § 7. The opening paragraph and subdivision 9 of section 220.39 of the 4 penal law, the opening paragraph as amended by chapter 1051 of the laws 5 of 1973 and subdivision 9 as added by chapter 410 of the laws of 1979, 6 are amended and two new subdivisions 10 and 11 are added to read as 7 follows: 8 A person is guilty of criminal sale of a controlled substance in the 9 third degree when he or she knowingly and unlawfully sells: 10 9. a narcotic preparation to a person less than twenty-one years 11 old[.]; or 12 10. one or more preparations, compounds, mixtures or substances 13 containing two or more controlled substances, their salts, isomers or 14 salts of isomers, and said preparations, compounds, mixtures or 15 substances are of an aggregate weight of eight grams or more; or 16 11. heroin. 17 § 8. The opening paragraph and subdivision 7 of section 220.41 of the 18 penal law, the opening paragraph as added by chapter 276 of the laws of 19 1973 and subdivision 7 as amended by chapter 75 of the laws of 1995, are 20 amended and two new subdivisions 8 and 9 are added to read as follows: 21 A person is guilty of criminal sale of a controlled substance in the 22 second degree when he or she knowingly and unlawfully sells: 23 7. methadone and the methadone weighs three hundred sixty milligrams 24 or more[.]; or 25 8. one or more preparations, compounds, mixtures or substances 26 containing heroin, its salts, isomers or salts of isomers and said prep- 27 arations, compounds, mixtures or substances are of an aggregate weight 28 of five grams or more; or 29 9. one or more preparations, compounds, mixtures or substances 30 containing two or more controlled substances, their salts, isomers or 31 salts of isomers, and said preparations, compounds, mixtures or 32 substances are of an aggregate weight of sixteen grams or more. 33 § 9. Section 220.43 of the penal law, as amended by chapter 785 of the 34 laws of 1975, subdivisions 1 and 2 as amended by chapter 75 of the laws 35 of 1995, is amended to read as follows: 36 § 220.43 Criminal sale of a controlled substance in the first degree. 37 A person is guilty of criminal sale of a controlled substance in the 38 first degree when he or she knowingly and unlawfully sells: 39 1. one or more preparations, compounds, mixtures or substances 40 containing a narcotic drug and the preparations, compounds, mixtures or 41 substances are of an aggregate weight of two ounces or more; or 42 2. methadone and the methadone weighs two thousand eight hundred 43 eighty milligrams or more; or 44 3. one or more preparations, compounds, mixtures or substances 45 containing heroin, its salts, isomers or salts of isomers and said prep- 46 arations, compounds, mixtures or substances are of an aggregate weight 47 of twenty-five grams or more; or 48 4. one or more preparations, compounds, mixtures or substances 49 containing two or more controlled substances, their salts, isomers or 50 salts of isomers, and said preparations, compounds, mixtures or 51 substances are of an aggregate weight of forty grams or more. 52 Criminal sale of a controlled substance in the first degree is a class 53 A-I felony. 54 § 10. Section 220.46 of the penal law, as added by chapter 896 of the 55 laws of 1971, is amended to read as follows: 56 § 220.46 Criminal injection of a narcotic drug.

A. 4414 4 1 A person is guilty of criminal injection of a narcotic drug when he 2 or she knowingly and unlawfully possesses a narcotic drug other than 3 fentanyl and he or she intentionally injects by means of a hypodermic 4 syringe or hypodermic needle all or any portion of that drug into the 5 body of another person with the latter's consent. 6 Criminal injection of a narcotic drug is a class E felony. 7 § 11. The penal law is amended by adding a new section 220.47 to read 8 as follows: 9 § 220.47 Criminal injection of heroin or fentanyl. 10 A person is guilty of criminal injection of heroin or fentanyl when he 11 or she knowingly and unlawfully possesses heroin or fentanyl and he or 12 she intentionally injects by means of a hypodermic syringe or hypodermic 13 needle all or any portion of that drug into the body of another person 14 with the latter's consent. 15 Criminal injection of heroin or fentanyl is a class C felony. 16 § 12. Section 220.60 of the penal law, as amended by chapter 276 of 17 the laws of 1973 and subdivisions (e) and (f) as amended and subdivi- 18 sions (g) and (h) as added by chapter 394 of the laws of 1974, is 19 amended to read as follows: 20 § 220.60 Criminal possession of precursors of controlled substances. 21 A person is guilty of criminal possession of precursors of con- 22 trolled substances when, with intent to manufacture a controlled sub- 23 stance unlawfully, he or she possesses at the same time: 24 (a) carbamide (urea) and propanedioc and malonic acid or its deriva- 25 tives; or 26 (b) ergot or an ergot derivative and diethylamine or dimethylformamide 27 or diethylamide; or 28 (c) phenylacetone (1-phenyl-2 propanone) and hydroxylamine or ammonia 29 or formamide or benzaldehyde or nitroethane or methylamine. 30 (d) pentazocine and methyliodide; or 31 (e) phenylacetonitrile and dichlorodiethyl methylamine or dichlor- 32 odiethyl benzylamine; or 33 (f) [~~diephenylacetonitrile~~] diphenylacetonitrile and dimethylaminoiso- 34 propyl chloride; or 35 (g) piperidine and cyclohexanone and bromobenzene and lithium or 36 magnesium; or 37 (h) 2, 5-dimethoxy benzaldehyde and nitroethane and a reducing agent; 38 or 39 (i) acetic anhydride and sodium carbonate and ammonium chloride. 40 Criminal [~~prossession~~] possession of precursors of controlled 41 substances is a class E felony. 42 § 13. Subdivision 1 of section 230.34 of the penal law as added by 43 chapter 74 of the laws of 2007, is amended to read as follows: 44 1. unlawfully providing to a person who is patronized, with intent to 45 impair said person's judgment: (a) a narcotic drug or a narcotic prepa- 46 ration; (b) concentrated cannabis as defined in paragraph (a) of subdi- 47 vision four of section thirty-three hundred two of the public health 48 law; (c) methadone; [or] (d) gamma-hydroxybutyrate (GHB) or flunitrazep- 49 an, also known as Rohypnol; or (e) heroin; 50 § 14. This act shall take effect on the first of November next 51 succeeding the date on which it shall have become a law.

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