What's happening
This bill makes exposing a first responder to fentanyl or similar drugs an offense of first-degree assault.
Why it matters
Expands Legal Protections for First Responders. By including intentional fentanyl exposure in the definition of first-degree assault, the bill recognizes the heightened risks first responders face from hazardous substances on the job, particularly during the opioid crisis.
Addresses Emerging Threats. Fentanyl and its derivatives are highly potent and dangerous even in small amounts; criminalizing their use as a weapon against first responders reflects growing concerns about chemical threats encountered in the field.
Increases Legal Consequences for Offenders. Treating fentanyl exposure as first-degree assault (a class B felony) imposes severe penalties, aiming to deter individuals from targeting emergency personnel with these substances.
Signals Policy Priority. The amendment underscores the state’s commitment to protecting first responders by adapting laws to new forms of harm, potentially influencing training, safety protocols, and public awareness.
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Who cares
First responders
The bill would make intentionally causing them serious physical injury through exposure to fentanyl, a fentanyl derivative or an opiate containing either substance a first-degree assault offense.
District attorneys
The bill would provide an explicit class B felony charge for qualifying exposure cases, including those involving throwing, tossing or injecting the substance.
Criminal defense attorneys and defendants
The proposed offense would require proof of intent to cause serious physical injury and that the exposure caused such injury to a first responder.
Headline styles
Protect First Responders from Fentanyl
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2395
2019-2020 Regular Sessions
IN SENATE
January 24, 2019
Introduced by Sen. JORDAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to including exposing a first responder to fentanyl, fentanyl derivatives or opiates containing fentanyl or fentanyl derivatives in the definition of the offense of assault in the first degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 120.10 of the penal law, subdivision 4 as amended by chapter 791 of the laws of 1967 and the closing paragraph as amended by chapter 646 of the laws of 1996, is amended to read as follows: § 120.10 Assault in the first degree.
A person is guilty of assault in the first degree when:
1. With intent to cause serious physical injury to another person, he or she causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or
2. With intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his or her body, he or she causes such injury to such person or to a third person; or
3. Under circumstances evincing a depraved indifference to human life, he or she recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to another person; or
4. In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he or she, or another participant if there be any, causes serious physical injury to a person other than one of the participants; or
5. With intent to cause serious physical injury to a first responder as defined in section three thousand one of the public health law, he or she causes such injury to such first responder by exposing such first
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08823-01-9
S. 2395 2
responder to fentanyl, a fentanyl derivative or an opiate containing fentanyl or a fentanyl derivative by any means, including, but not limited to, throwing or tossing at or injecting such first responder with any such substance.
Assault in the first degree is a class B felony.
§ 2. This act shall take effect on the first of November next succeeding the date upon which it shall have become a law and shall apply to offenses committed on or after such effective date. Effective immediately the addition, amendment or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to including exposing a first responder to fentanyl, fentanyl derivatives or opiates containing fenta- nyl or fentanyl derivatives in the definition of the offense of assault in the first degree
Purpose
To establish that exposing a first responder to fentanyl, fentanyl derivatives or opiates containing fentanyl or fentanyl derivatives, by any means, including, but not limited to throwing or tossing at or injecting with intent to cause serious injury, is the crime of assault in the first degree.
Summary of provisions
Section 1 adds a new subdivision 5 to section 120.10 of the penal law to provide that a person is guilty of assault in the first degree if an individual causes injury to a first responder by exposing them to fenta- nyl, a fentanyl derivative or an opiate containing fentanyl or fentanyl derivative by any means, including, but not limited to throwing, or tossing at or injecting the first responder with the intent to cause serious injury. This section also makes technical amendments pertaining to gender.
Section 2. Effective date.
Justification
According to the DEA, exposure to fentanyl can pose serious dangers for first responders. Fentanyl is up to 50 times more potent than heroin and 100 times more potent than morphine. In addition, DEA has identified at least 15 deadly fentanyl-related compounds. This drug and its compounds can be absorbed through the skin, inhaled through airborne powder, or absorbed through the skin or eyes. First responders who have these substances deliberately thrown at them in the course of their duties are at grave risk through exposure to this deadly toxin, even in small amounts. There have been numerous reports of first responders being exposed to fentanyl and its derivatives, including testimony from the Senate's Majority Joint Task Force on Heroin and Opiate Addiction. The DEA reports that in August 2015, law enforcement officers who were exposed to fentanyl experienced serious medical problems. This bill makes it a B felony if a first responder is intentionally exposed to this deadly substance.
Legislative history
S.8083 of 2018
Effective date
The act shall take effect on the first of November of the next succeed- ing date upon which the bill shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.