STATE OF NEW YORK
________________________________________________________________________
2142
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. STERN, THIELE, D. ROSENTHAL, HAWLEY, MORINELLO,
BRABENEC, NORRIS, McDONOUGH, FRIEND, PALMESANO, MILLER, TAGUE, REILLY,
RA, DURSO, BUTTENSCHON -- Multi-Sponsored by -- M. of A. BARCLAY --
read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to enacting "Laree's law"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 "Laree's law".
3 § 2. Section 220.00 of the penal law is amended by adding a new subdi-
4 vision 21 to read as follows:
5 21. "Opiate controlled substance" means any substance listed in sched-
6 ule I, II, III, IV or V of section thirty-three hundred six of the
7 public health law that is classified as either an opiate or opium deriv-
8 ative under such law.
9 § 3. The penal law is amended by adding a new section 125.24 to read
10 as follows:
11 § 125.24 Homicide by sale of an opiate controlled substance.
12 A person is guilty of homicide by sale of an opiate controlled
13 substance when he or she unlawfully transports by importing into the
14 state or transporting within the state from one county into another, or
15 unlawfully sells as defined by subdivision one of section 220.00 of this
16 chapter, an opiate controlled substance as defined by subdivision twen-
17 ty-one of section 220.00 of this chapter, and such opiate controlled
18 substance causes the death of another person.
19 It shall be a defense to homicide by sale of an opiate controlled
20 substance that the defendant jointly and simultaneously acquired and
21 possessed such opiate controlled substance for joint use with the
22 deceased, with the intent to jointly inject, inhale or otherwise ingest
23 such opiate controlled substance.
24 Homicide by sale of an opiate controlled substance is a class A-I
25 felony.
26 § 4. This act shall take effect on the ninetieth day after it shall
27 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02512-01-3
