STATE OF NEW YORK
________________________________________________________________________
697
2023-2024 Regular Sessions
IN SENATE
January 6, 2023
___________
Introduced by Sen. ORTT -- 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 criminal sale and
possession of substances containing heroin
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 13 of section 220.16 of the penal law, as
2 amended by chapter 75 of the laws of 1995, is amended and a new subdivi-
3 sion 14 is added to read as follows:
4 13. phencyclidine and said phencyclidine weighs one thousand two
5 hundred fifty milligrams or more[.]; or
6 14. one or more preparations, compounds, mixtures or substances
7 containing heroin and said preparations, compounds, mixtures or
8 substances are of an aggregate weight of 1.5 grams or more, or such
9 preparations, compounds, mixtures or substances are packaged in fifty or
10 more containers, packets or "decks".
11 § 2. Subdivision 7 of section 220.18 of the penal law, as amended by
12 chapter 75 of the laws of 1995, is amended and a new subdivision 8 is
13 added to read as follows:
14 7. methadone and said methadone weighs two thousand eight hundred
15 eighty milligrams or more[.]; or
16 8. one or more preparations, compounds, mixtures or substances
17 containing heroin and said preparations, compounds, mixtures or
18 substances are of an aggregate weight of twelve grams or more, or such
19 preparations, compounds, mixtures or substances are packaged in four
20 hundred or more containers, packets or "decks".
21 § 3. Subdivision 2 of section 220.21 of the penal law, as amended by
22 chapter 75 of the laws of 1995, is amended and a new subdivision 3 is
23 added to read as follows:
24 2. methadone and said methadone weighs five thousand seven hundred
25 sixty milligrams or more[.]; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03470-01-3
S. 697 2
1 3. one or more preparations, compounds, mixtures or substances
2 containing heroin and said preparations, compounds, mixtures or
3 substances are of an aggregate weight of twenty-four grams or more, or
4 such preparations, compounds, mixtures or substances are packaged in
5 eight hundred or more containers, packets or "decks".
6 § 4. Subdivision 7 of section 220.41 of the penal law, as amended by
7 chapter 75 of the laws of 1995, is amended and a new subdivision 8 is
8 added to read as follows:
9 7. methadone and the methadone weighs three hundred sixty milligrams
10 or more[.]; or
11 8. one or more preparations, compounds, mixtures or substances
12 containing heroin and the preparations, compounds, mixtures or
13 substances are of an aggregate weight of 1.5 grams or more, or such
14 preparations, compounds, mixtures or substances are packaged in fifty or
15 more containers, packets or "decks".
16 § 5. Subdivision 2 of section 220.43 of the penal law, as amended by
17 chapter 75 of the laws of 1995, is amended and a new subdivision 3 is
18 added to read as follows:
19 2. methadone and the methadone weighs two thousand eight hundred
20 eighty milligrams or more[.]; or
21 3. one or more preparations, compounds, mixtures or substances
22 containing heroin and the preparations, compounds, mixtures or
23 substances are of an aggregate weight of six grams or more, or such
24 preparations, mixtures or substances are packaged in two hundred or more
25 containers, packets or "decks".
26 § 6. This act shall take effect on the first of November next succeed-
27 ing the date upon which it shall have become a law.
