What's happening
This bill adds heroin and fentanyl to several sections of New York’s Penal Law, increasing penalties and specifying new thresholds for criminal offenses involving these substances.
Why it matters
Significantly lowers weight thresholds for heroin. possession and sale offenses, meaning much smaller amounts will lead to more severe felony charges—potentially impacting users and low-level dealers more harshly than before.
Creates new, higher-penalty offenses for injecting heroin or fentanyl into another person. , specifically making "criminal injection of heroin or fentanyl" a separate crime with a much higher penalty (class C felony vs. E felony for other drugs), reflecting heightened concern about the lethality of these substances.
Treats heroin separately from other narcotic drugs. in several sections, often imposing stricter standards and punishments, and removes heroin from certain definitions, which could affect both prosecution strategies and sentencing outcomes.
Broadens the list of precursor chemicals regulated for drug manufacturing. (e.g., adding acetic anhydride and other substances), and clarifies language, which could make it easier for law enforcement to prosecute attempts to produce heroin and fentanyl.
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Increase Drug Sale Penalties
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Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, do enact as follows:
Section 1. Subdivision 7 of section 220.00 of the penal law, as amended by chapter 664 of the laws of 1985, is amended to read as follows:
7. "Narcotic drug" means any controlled substance listed in schedule I(b), I(c), II(b) or II(c) other than methadone or heroin.
§ 2. The opening paragraph and subdivision 8 of section 220.06 of the penal law, the opening paragraph as amended by chapter 75 of the laws of 1995, subdivision 8 as added by chapter 264 of the laws of 2003, are amended and a new subdivision 9 is added to read as follows:
A person is guilty of criminal possession of a controlled substance in the fifth degree when he or she knowingly and unlawfully possesses:
8. one or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid, as defined in paragraph four of subdivision (e) of schedule I of section thirty-three hundred six of the public health law, and said preparations, compounds, mixtures or substances are of an aggregate weight of twenty-eight grams or more[.]; or
9. one or more preparations, compounds, mixtures or substances containing heroin, and said preparations, compounds, mixtures or substances are of an aggregate weight of five hundred milligrams or more.
§ 3. The opening paragraph and subdivision 15 of section 220.09 of the penal law, the opening paragraph as amended by chapter 75 of the laws of 1995 and subdivision 15 as added by chapter 264 of the laws of 2003, are 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
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A person is guilty of criminal possession of a controlled substance in the fourth degree when he or she knowingly and unlawfully possesses:
15. one or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid, as defined in paragraph four of subdivision (e) of schedule I of section thirty-three hundred six of the public health law, and said preparations, compounds, mixtures or substances are of an aggregate weight of two hundred grams or more[.]; or
16. one or more preparations, compounds, mixtures or substances containing heroin, its salts, isomers or salts of isomers and said preparations, compounds, mixtures or substances are of an aggregate weight of one gram or more; or
17. one or more preparations, compounds, mixtures or substances containing two or more controlled substances, their salts, isomers or salts of isomers, and said preparations, compounds, mixtures or substances are of an aggregate weight of three grams or more.
§ 4. The opening paragraph and subdivision 13 of section 220.16 of the penal law, as amended by chapter 75 of the laws of 1995, are amended and two new subdivisions 14 and 15 are added to read as follows:
A person is guilty of criminal possession of a controlled substance in the third degree when he or she knowingly and unlawfully possesses:
13. phencyclidine and said phencyclidine weighs one thousand two hundred fifty milligrams or more[.]; or
14. one or more preparations, compounds, mixtures or substances containing heroin, its salts, isomers or salts of isomers and said preparations, compounds, mixtures or substances are of an aggregate weight of two grams or more; or
15. one or more preparations, compounds, mixtures or substances containing two or more controlled substances, their salts, isomers or salts of isomers, and said preparations, compounds, mixtures or substances are of an aggregate weight of six grams or more.
§ 5. Subdivision 7 of section 220.18 of the penal law, as amended by chapter 75 of the laws of 1995, is amended and two new subdivisions 8 and 9 are added to read as follows:
7. methadone and said methadone weighs two thousand eight hundred eighty milligrams or more[.]; or
8. one or more preparations, compounds, mixtures or substances containing heroin, its salts, isomers or salts of isomers and said preparations, compounds, mixtures or substances are of an aggregate weight of five grams or more; or
9. one or more preparations, compounds, mixtures or substances containing two or more controlled substances, their salts, isomers or salts of isomers, and said preparations, compounds, mixtures or substances are of an aggregate weight of thirty-six grams or more.
§ 6. Subdivision 2 of section 220.21 of the penal law, as amended by chapter 75 of the laws of 1995, is amended and two new subdivisions 3 and 4 are added to read as follows:
2. methadone and said methadone weighs five thousand seven hundred sixty milligrams or more[.]; or
3. one or more preparations, compounds, mixtures or substances containing heroin, its salts, isomers or salts of isomers and said preparations, compounds, mixtures or substances are of an aggregate weight of twenty-five grams or more; or
4. one or more preparations, compounds, mixtures or substances containing two or more controlled substances, their salts, isomers or salts of isomers, and said preparations, compounds, mixtures or
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substances are of an aggregate weight of one hundred eighty grams or more.
§ 7. The opening paragraph and subdivision 9 of section 220.39 of the penal law, the opening paragraph as amended by chapter 1051 of the laws of 1973 and subdivision 9 as added by chapter 410 of the laws of 1979, are amended and two new subdivisions 10 and 11 are added to read as follows:
A person is guilty of criminal sale of a controlled substance in the third degree when he or she knowingly and unlawfully sells:
9. a narcotic preparation to a person less than twenty-one years old[.]; or
10. one or more preparations, compounds, mixtures or substances containing two or more controlled substances, their salts, isomers or salts of isomers, and said preparations, compounds, mixtures or substances are of an aggregate weight of eight grams or more; or
11. heroin.
§ 8. The opening paragraph and subdivision 7 of section 220.41 of the penal law, the opening paragraph as added by chapter 276 of the laws of 1973 and subdivision 7 as amended by chapter 75 of the laws of 1995, are amended and two new subdivisions 8 and 9 are added to read as follows:
A person is guilty of criminal sale of a controlled substance in the second degree when he or she knowingly and unlawfully sells:
7. methadone and the methadone weighs three hundred sixty milligrams or more[.]; or
8. one or more preparations, compounds, mixtures or substances containing heroin, its salts, isomers or salts of isomers and said preparations, compounds, mixtures or substances are of an aggregate weight of five grams or more; or
9. one or more preparations, compounds, mixtures or substances containing two or more controlled substances, their salts, isomers or salts of isomers, and said preparations, compounds, mixtures or substances are of an aggregate weight of sixteen grams or more.
§ 9. Section 220.43 of the penal law, as amended by chapter 785 of the laws of 1975, subdivisions 1 and 2 as amended by chapter 75 of the laws of 1995, is amended to read as follows: § 220.43 Criminal sale of a controlled substance in the first degree.
A person is guilty of criminal sale of a controlled substance in the first degree when he or she knowingly and unlawfully sells:
1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and the preparations, compounds, mixtures or substances are of an aggregate weight of two ounces or more; or
2. methadone and the methadone weighs two thousand eight hundred eighty milligrams or more; or
3. one or more preparations, compounds, mixtures or substances containing heroin, its salts, isomers or salts of isomers and said preparations, compounds, mixtures or substances are of an aggregate weight of twenty-five grams or more; or
4. one or more preparations, compounds, mixtures or substances containing two or more controlled substances, their salts, isomers or salts of isomers, and said preparations, compounds, mixtures or substances are of an aggregate weight of forty grams or more.
Criminal sale of a controlled substance in the first degree is a class A-I felony.
§ 10. Section 220.46 of the penal law, as added by chapter 896 of the laws of 1971, is amended to read as follows: § 220.46 Criminal injection of a narcotic drug.
A. 4414 4
A person is guilty of criminal injection of a narcotic drug when he or she knowingly and unlawfully possesses a narcotic drug other than fentanyl and he or she intentionally injects by means of a hypodermic syringe or hypodermic needle all or any portion of that drug into the body of another person with the latter's consent.
Criminal injection of a narcotic drug is a class E felony.
§ 11. The penal law is amended by adding a new section 220.47 to read as follows: § 220.47 Criminal injection of heroin or fentanyl.
A person is guilty of criminal injection of heroin or fentanyl when he or she knowingly and unlawfully possesses heroin or fentanyl and he or she intentionally injects by means of a hypodermic syringe or hypodermic needle all or any portion of that drug into the body of another person with the latter's consent.
Criminal injection of heroin or fentanyl is a class C felony.
§ 12. Section 220.60 of the penal law, as amended by chapter 276 of the laws of 1973 and subdivisions (e) and (f) as amended and subdivisions (g) and (h) as added by chapter 394 of the laws of 1974, is amended to read as follows: § 220.60 Criminal possession of precursors of controlled substances.
A person is guilty of criminal possession of precursors of controlled substances when, with intent to manufacture a controlled substance unlawfully, he or she possesses at the same time:
(a) carbamide (urea) and propanedioc and malonic acid or its derivatives; or
(b) ergot or an ergot derivative and diethylamine or dimethylformamide or diethylamide; or
(c) phenylacetone (1-phenyl-2 propanone) and hydroxylamine or ammonia or formamide or benzaldehyde or nitroethane or methylamine.
(d) pentazocine and methyliodide; or
(e) phenylacetonitrile and dichlorodiethyl methylamine or dichlorodiethyl benzylamine; or
(f) [diephenylacetonitrile] diphenylacetonitrile and dimethylaminoisopropyl chloride; or
(g) piperidine and cyclohexanone and bromobenzene and lithium or magnesium; or
(h) 2, 5-dimethoxy benzaldehyde and nitroethane and a reducing agent; or
(i) acetic anhydride and sodium carbonate and ammonium chloride.
Criminal [prossession] possession of precursors of controlled substances is a class E felony.
§ 13. Subdivision 1 of section 230.34 of the penal law as added by chapter 74 of the laws of 2007, is amended to read as follows:
1. unlawfully providing to a person who is patronized, with intent to impair said person's judgment: (a) a narcotic drug or a narcotic preparation; (b) concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of the public health law; (c) methadone; [or] (d) gamma-hydroxybutyrate (GHB) or flunitrazepan, also known as Rohypnol; or (e) heroin;
§ 14. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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