What's happening
This bill creates new homicide offenses for deaths resulting from the sale of controlled substances, increases penalties for certain drug crimes, and expands definitions related to drug offenses.
Why it matters
Establishes new types of homicide offenses directly linked to drug sales causing death. , allowing prosecutors to charge sellers with homicide if a controlled substance they sold causes or contributes to a fatal overdose within 24 hours. This change could significantly increase legal risks for anyone involved in drug distribution, even at lower levels.
Introduces tiered penalties and circumstances for drug-induced homicide. , including stricter charges if the victim was a child, if the drug was mixed with other substances to enhance potency, or if the seller knew the buyer was especially vulnerable (e.g., recent rehab/overdose). This aims to hold sellers more accountable for high-risk or predatory sales practices.
Raises felony classifications and expands definitions for certain drug offenses. , such as lowering the threshold for heroin weight/packaging that triggers higher charges, and making possession of drug paraphernalia a felony instead of a misdemeanor. This could result in more severe sentences for a wider range of drug-related conduct.
Adds electronic prescription forms and blank prescription forms to the list of controlled substance offenses. , and increases penalties for unlawful sale of prescriptions by medical professionals. This reflects a recognition of the role of prescription drug abuse in the opioid crisis and seeks to deter both street-level and "white-collar" drug crimes.
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Who cares
Headline styles
Charge Dealers for Overdose Deaths
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to rules
Full text
6 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6818
2019-2020 Regular Sessions
IN SENATE
October 28, 2019
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the penal law, in relation to establishing certain offenses based on homicide due to criminal sale of a controlled substance, establishing the offense of criminal sale of a controlled substance to a child in the first degree, expanding the definition of controlled substances with respect to certain offenses, increasing the felony classification of certain controlled substance offenses and including electronic prescriptions and blank prescription forms in the definition of certain controlled substance offenses
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding three new sections 125.28, 125.29 and 125.30 to read as follows: § 125.28 Homicide due to criminal sale of a controlled substance in the
third degree.
A person is guilty of homicide due to criminal sale of a controlled substance in the third degree when he or she:
1. Commits the offense of: (a) (i) criminal sale of a controlled substance in the fifth degree as defined in section 220.31 of this chapter; (ii) criminal sale of a controlled substance in the fourth degree as defined in section 220.34 of this chapter; (iii) criminal sale of a controlled substance in the third degree as defined in section 220.39 of this chapter; (iv) criminal sale of a controlled substance in the second degree as defined in section 220.41 of this chapter; or (v) criminal sale of a controlled substance in the first degree as defined in section 220.43 of this chapter; and
(b) the controlled substance sold causes, or contributes to, the death of the person to whom the controlled substance was sold.
2. It shall be a rebuttable presumption that the controlled substance sold pursuant to subdivision one of this section caused or contributed
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14002-01-9
S. 6818 2
to the death of the person where the type of controlled substance sold, alone or in combination with other substances, is determined to be the cause of death of the person when the death occurs within twenty-four hours of the sale.
3. The provisions of article two hundred sixteen of the criminal procedure law shall not apply to a violation of this section. Nothing contained in this section shall prevent the court from sentencing a person convicted under this section to any other sentence authorized by law under articles sixty-five and seventy of this chapter.
4. Where a person (hereinafter "seller") violates the provisions of paragraph (a) of subdivision one of this section but the seller, in good faith, sought health care for the other person whose death resulted from the ingestion of the controlled substance sold, while that other person was experiencing the drug or alcohol overdose or other life threatening medical emergency that led to that person's death, the seller shall not be charged or prosecuted under this section or article two hundred twenty of this chapter when the sale was not for consideration or other benefit or gain.
5. It shall be an affirmative defense to a violation of this section or a violation of article two hundred twenty of this chapter where a seller violates paragraph (a) of subdivision one of this section and the sale was for consideration or other benefit or gain, but the seller, in good faith, sought health care for the other person whose death resulted from the ingestion of the controlled substance sold, while that other person was experiencing a drug or alcohol overdose or other life threatening medical emergency that led to that person's death, and the defendant has no prior conviction for the commission or attempted commission of a class A-I, A-II or B felony under article two hundred twenty of this chapter.
Homicide due to criminal sale of a controlled substance in the third degree is a class D felony. § 125.29 Homicide due to criminal sale of a controlled substance in the
second degree.
A person is guilty of homicide due to criminal sale of a controlled substance in the second degree when he or she:
1. Commits the offense of: (a) (i) criminal sale of a controlled substance in the fifth degree as defined in section 220.31 of this chapter; (ii) criminal sale of a controlled substance in the fourth degree as defined in section 220.34 of this chapter; (iii) criminal sale of a controlled substance in the third degree as defined in section 220.39 of this chapter; (iv) criminal sale of a controlled substance in the second degree as defined in section 220.41 of this chapter; or (v) criminal sale of a controlled substance in the first degree as defined in section 220.43 of this chapter; and
(b) the controlled substance sold causes, or contributes, to the death of the person to whom the controlled substance was sold; and
(c) (i) an additional substance was added to the controlled substance sold which enhances the effects of the controlled substance and/or increases the danger of ingestion; or
(ii) the person to whom the controlled substance was sold was impaired by one or more substances at the time of the sale; or
(iii) the person knew, or had reason to know, that the person to whom the controlled substance was sold was using, or intended to use, one or more other substances in conjunction with the controlled substance sold; or
S. 6818 3
(iv) the person knew, or had reason to know, that the person to whom the controlled substance was sold had completed a rehabilitation program, or overdosed, within thirty days of the sale.
2. It shall be a rebuttable presumption that the controlled substance sold pursuant to subdivision one of this section caused or contributed to the death of the person where the type of controlled substance sold, alone or in combination with other substances, is determined to be the cause of death of the person when the death occurs within twenty-four hours of the sale.
3. The provisions of article two hundred sixteen of the criminal procedure law shall not apply to a violation of this section. Nothing contained in this section shall prevent the court from sentencing a person convicted under this section to any other sentence authorized by law under articles sixty-five and seventy of this chapter.
4. Where a person (hereinafter "seller") violates the provisions of subdivision one of this section but the seller, in good faith, sought health care for the other person whose death resulted from the ingestion of the controlled substance sold, while that other person was experiencing the drug or alcohol overdose or other life threatening medical emergency that led to that person's death, the seller shall not be charged or prosecuted under this section or article two hundred twenty of this chapter when the sale was not for consideration or other benefit or gain.
5. It shall be an affirmative defense to a violation of this section or a violation of article two hundred twenty of this chapter where a seller violates the provisions of subdivision one of this section and the sale was for consideration or other benefit or gain, but the seller, in good faith, sought health care for the other person whose death resulted from the ingestion of the controlled substance sold, while that other person was experiencing a drug or alcohol overdose or other life threatening medical emergency that led to that person's death, and the defendant has no prior conviction for the commission or attempted commission of a class A-I, A-II or B felony under article two hundred twenty of this chapter.
Homicide due to criminal sale of a controlled substance in the second degree is a class C felony. § 125.30 Homicide due to criminal sale of a controlled substance in the
first degree.
A person is guilty of homicide due to criminal sale of a controlled substance in the first degree when he or she:
1. Commits the offense of criminal sale of a controlled substance to a child in the first degree as defined in section 220.49 of this chapter and the controlled substance sold causes, or contributes, to the death of the person to whom the controlled substance was sold.
2. It shall be a rebuttable presumption that the controlled substance sold pursuant to subdivision one of this section caused or contributed to the death of the person where the type of controlled substance sold, alone or in combination with other substances, is determined to be the cause of death of the person when the death occurs within twenty-four hours of the sale.
3. The provisions of article two hundred sixteen of the criminal procedure law shall not apply to a violation of this section. Nothing contained in this section shall prevent the court from sentencing a person convicted under this section to any other sentence authorized by law under articles sixty-five and seventy of this chapter.
S. 6818 4
4. It shall be an affirmative defense to a violation of this section or a violation of article two hundred twenty of this chapter where a person (hereinafter "seller") violates subdivision one of this section and the sale was for consideration or other benefit or gain, but the seller, in good faith, sought health care for the other person whose death resulted from the ingestion of the controlled substance sold, while that other person was experiencing a drug or alcohol overdose or other life threatening medical emergency that led to that person's death, and the defendant has no prior conviction for the commission or attempted commission of a class A-I, A-II or B felony under article two hundred twenty of this chapter.
Homicide due to criminal sale of a controlled substance in the first degree is a class B felony.
§ 2. Subdivision 13 of section 220.16 of the penal law, as amended by chapter 75 of the laws of 1995, is amended and a new subdivision 14 is added to read as follows:
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 and said preparations, compounds, mixtures or substances are of an aggregate weight of 1.5 grams or more, or such preparations, compounds, mixtures or substances are packaged in fifty or more containers, packets or "decks".
§ 3. Subdivision 7 of section 220.18 of the penal law, as amended by chapter 75 of the laws of 1995, is amended and a new subdivision 8 is 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 and said preparations, compounds, mixtures or substances are of an aggregate weight of twelve grams or more, or such preparations, compounds, mixtures or substances are packaged in four hundred or more containers, packets or "decks".
§ 4. Subdivision 2 of section 220.21 of the penal law, as amended by chapter 75 of the laws of 1995, is amended and a new subdivision 3 is 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 and said preparations, compounds, mixtures or substances are of an aggregate weight of twenty-four grams or more, or such preparations, compounds, mixtures or substances are packaged in eight hundred or more containers, packets or "decks".
§ 5. Subdivision 7 of section 220.41 of the penal law, as amended by chapter 75 of the laws of 1995, is amended and a new subdivision 8 is added to read as follows:
7. methadone and the methadone weighs three hundred sixty milligrams or more[.]; or
8. one or more preparations, compounds, mixtures or substances containing heroin and the preparations, compounds, mixtures or substances are of an aggregate weight of 1.5 grams or more, or such preparations, compounds, mixtures or substances are packaged in fifty or more containers, packets or "decks".
§ 6. Subdivision 2 of section 220.43 of the penal law, as amended by chapter 75 of the laws of 1995, is amended and a new subdivision 3 is added to read as follows:
S. 6818 5
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 and the preparations, compounds, mixtures or substances are of an aggregate weight of six grams or more, or such preparations, mixtures or substances are packaged in two hundred or more containers, packets or "decks".
§ 7. Section 220.48 of the penal law, as added by section 28 of part AAA of chapter 56 of the laws of 2009, is amended to read as follows: § 220.48 Criminal sale of a controlled substance to a child in the
second degree.
A person is guilty of criminal sale of a controlled substance to a child in the second degree when, being over twenty-one years old, he or she knowingly and unlawfully sells without consideration or other benefit or gain a controlled substance in violation of section 220.34 or 220.39 of this article to a person less than seventeen years old.
Criminal sale of a controlled substance to a child in the second degree is a class B felony.
§ 8. The penal law is amended by adding a new section 220.49 to read as follows: § 220.49 Criminal sale of a controlled substance to a child in the first
degree.
A person is guilty of criminal sale of a controlled substance to a child in the first degree when, being over twenty-one years old, he or she knowingly and unlawfully sells a controlled substance for consideration or other benefit or gain in violation of section 220.34 or 220.39 of this article to a person less than seventeen years old.
Criminal sale of a controlled substance to a child in the first degree is a class A-II felony.
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 estab- lishing certain offenses based on homicide due to criminal sale of a controlled substance, establishing the offense of criminal sale of a controlled substance to a child in the first degree, expanding the defi- nition of controlled substances with respect to certain offenses, increasing the felony classification of certain controlled substance offenses and including electronic prescriptions and blank prescription forms in the definition of certain controlled substance offenses
Purpose
Establishes certain offenses based on homicide due to criminal sale of a controlled substance and to the criminal sale of a controlled substance to a child in the first degree.
Summary of provisions
Section 1. The penal law is amended by adding three new sections 125.28, 125.29 and 125.30.
Read the full memo (949 words)
Section 2. Subdivision 13 of section 220.16 of the penal law, as amended by chapter 75 of the laws of 1995, is amended and a new subdivision 14 is added.
Section 3. Subdivision 7 of section 220.18 of the penal law, as amended by chapter 75 of the laws of 1995, is amended and a new subdivision 8 is added.
Section 4. Subdivision 2 of section 220.21 of the penal law, as amended by chapter 75 of the laws of 1995, is amended and a new subdivision 3 is added.
Section 5. Subdivision 7 of section 220.41 of the penal law, as amended by chapter 75 of the laws of 1995, is amended and a new subdivision 8 is added.
Section 6. Subdivision 2 of section 220.43 of the penal law, as amended by chapter 75 of the laws of 1995, is amended and a new subdivision 3 is added.
Section 7. Section 220.48 of the penal law, as added by section 28 of part AAA of chapter 56 of the laws of 2009, is amended.
Section 8. The penal law is amended by adding a new section 220.49.
Section 9. The closing paragraph of section 220.50 of the penal law, as amended by chapter 627 of the laws of 1990, is amended.
Section 10. Section 220.55 of the penal law, as added by chapter 970 of the laws of 1971, is amended.
Section 11. Subdivision 15 of section 220.00 of the penal law, as added by chapter 118 of the laws of 1986, is amended.
Section 12. Section 220.65 of the penal law, as amended by chapter 31 of the laws of 2014, is amended. Section 13. This act shall take effect on the first of November next succeeding the date upon which it shall have become a law.
Justification
New York State is in the middle of a deadly opioid and heroin epidemic. New York's rate of overdose deaths involving heroin was 6.5 per 100,000 population, and the rate of deaths involving "opioid pain relievers" was 11.7 per 100,000. There are far too many deaths caused by prescription pills and heroin. To combat this deadly issues, our state must hold those who sell illegal substances accountable for the consequences of their actions, especially when it leads to the death of another individ- ual.
In 1972, the People of the State of New York v. Pinckney, the court found a defendant not guilty of homicide or manslaughter, despite sell- ing heroin, and the instruments to inject heroin, to the individual who died the same day from a heroin overdose. The County Court held, "the Penal Law does not contain any provision whereby the sale of a dangerous drug and the means of injecting it, thereby resulting in the death of the user, constitute the crime of manslaughter or criminally negligent homicide." This bill will reverse the outdated precedent and hold sell- ers responsible for the deaths they caused by their distribution of illegal drugs. It will also allow for the prosecution of drug dealers whose sale leads to the death of an individual to be charged with crimi- nally negligent homicide and/or manslaughter. The bill further strength- ens the penalty for the sale of illegal substances to minors, especially in the case of death.
Another important provision is to amend the weight requirements for heroin in order to be charged with criminal possession or sale. The average dose of heroin is just 0.03 grams, which means that even an extremely small amount can be deadly. This bill will decrease the weight requirements so that individuals who carry and distribute small, but lethal, amounts of heroin can be charged with a crime. Finally, it will include the abuse of electronic prescriptions and blank prescription forms as punishable offenses. Currently, neither the sale of an elec- tronic prescription nor the sale of a blank prescription from a medical provider is included in the criminal sale of prescriptions statue. The addition of these provisions will further limit the ability for abuse from providers and patients in purchasing prescription drugs.
The scourge of illegal drug sales and usage is a complex and widespread problem in our communities. In addition to expanding prevention and treatment services, the penalty for selling drugs that lead to death, especially the deaths of minors, must be strong enough to reflect the severity of the crime. Statues must also reflect and criminalize the full range of mechanisms through which drug dealers can acquire and sell illegal substances. This bill will further these goals and is an impor- tant step forward in solving the epidemic of substance abuse in our state.
Fiscal implications
None.
Prior legislative history
2018: S4313 Senate Codes 2017: 54313 Senate Codes 2016: 57512 Senate Codes
Effective date
This act shall take effect on the first of November next succeeding the date upon which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.