Permits award of crime victim assistance funds to victims of overdoses, where such overdoses cause death and were the result of deception, surreptitious delivery, or third-party administration of a controlled substance.
STATE OF NEW YORK
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8397
2023-2024 Regular Sessions
IN ASSEMBLY
December 13, 2023
___________
Introduced by M. of A. STERN, THIELE, LAVINE, GONZALEZ-ROJAS, SIMON,
K. BROWN, E. BROWN, DeSTEFANO, GANDOLFO, BLUMENCRANZ, CHANG, DURSO,
FLOOD, McDONOUGH, BLANKENBUSH, GRAY, SLATER, BENDETT -- Multi-Spon-
sored by -- M. of A. SHIMSKY -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law, in relation to the award of crime
victim assistance funds to victims of overdoses, where such overdoses
were the result of deception, surreptitious delivery, or third-party
administration of a controlled substance which causes death
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (ii) of paragraph (e) of subdivision 1 of
2 section 632-a of the executive law, as amended by section 24 of part A-1
3 of chapter 56 of the laws of 2010, is amended to read as follows:
4 (ii) Notwithstanding the provisions of subparagraph (i) of this para-
5 graph a "specified crime" shall not mean or include an offense defined
6 in any of the following articles of the penal law: articles one hundred
7 fifty-eight, one hundred seventy-eight, [two hundred twenty, two hundred
8 twenty-one,] two hundred twenty-five, and two hundred thirty.
9 § 2. Paragraph (e) of subdivision 1 of section 632-a of the executive
10 law is amended by adding a new subparagraph (iii) to read as follows:
11 (iii) Notwithstanding the provisions of subparagraph (i) of this para-
12 graph a "specified crime" shall not mean or include an offense defined
13 in article two hundred twenty of the penal law unless it is demonstrated
14 that such offense (A) involves the death of the victim; (B) involves
15 deception, surreptitious delivery, or third-party administration of a
16 controlled substance by another person; and (C) the victim's consumption
17 of the controlled substance was predicated upon, or a direct result of,
18 the deception, surreptitious delivery, or third-party administration by
19 another person. For purposes of this subparagraph, an act of "deception"
20 shall include, but not be limited to, a circumstance where a third-party
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13551-01-3
A. 8397 2
1 sells, administers, delivers, or causes delivery of a mixture, compound,
2 or combination of substances and does not disclose to the immediate next
3 recipient the full and accurate listing of substances contained in such
4 mixture, compound, or combination of substances.
5 § 3. Subdivision 5 of section 621 of the executive law, as amended by
6 chapter 189 of the laws of 2018, is amended to read as follows:
7 5. "Victim" shall mean (a) a person who suffers personal physical
8 injury as a direct result of a crime; (b) a person who is the victim of
9 either the crime of (1) unlawful imprisonment in the first degree as
10 defined in section 135.10 of the penal law, (2) kidnapping in the second
11 degree as defined in section 135.20 of the penal law, (3) kidnapping in
12 the first degree as defined in section 135.25 of the penal law, (4)
13 menacing in the first degree as defined in section 120.13 of the penal
14 law, (5) criminal obstruction of breathing or blood circulation as
15 defined in section 121.11 of the penal law, (6) harassment in the second
16 degree as defined in section 240.26 of the penal law, (7) harassment in
17 the first degree as defined in section 240.25 of the penal law, (8)
18 aggravated harassment in the second degree as defined in subdivision
19 three or five of section 240.30 of the penal law, (9) aggravated harass-
20 ment in the first degree as defined in subdivision two of section 240.31
21 of the penal law, (10) criminal contempt in the first degree as defined
22 in subdivision (b) or subdivision (c) of section 215.51 of the penal
23 law, (11) stalking in the fourth, third, second or first degree as
24 defined in sections 120.45, 120.50, 120.55 and 120.60 of the penal law,
25 (12) labor trafficking as defined in section 135.35 of the penal law,
26 (13) sex trafficking as defined in section 230.34 of the penal law; or
27 (14) sex trafficking of a child as defined in section 230.34-a of the
28 penal law; a vulnerable elderly person or an incompetent or physically
29 disabled person as defined in section 260.31 of the penal law who incurs
30 a loss of savings as defined in subdivision twenty-four of this section;
31 or a person who has had a frivolous lawsuit filed against them; and (c)
32 a person who suffers death as a result of deception, surreptitious
33 delivery, or third-party administration of a controlled substance by
34 another person under circumstances articulated in subparagraph (iii) of
35 paragraph (e) of subdivision one of section six hundred thirty-two-a of
36 this article.
37 § 4. This act shall take effect immediately.
