STATE OF NEW YORK
________________________________________________________________________
4529
2015-2016 Regular Sessions
IN ASSEMBLY
February 3, 2015
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to the criminal sale of a
controlled substance to a person less than fourteen years of age
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 220.48 of the penal law, as added by section 28 of
2 part AAA of chapter 56 of the laws of 2009, is amended to read as
3 follows:
4 § 220.48 Criminal sale of a controlled substance to a child in the
5 second degree.
6 A person is guilty of criminal sale of a controlled substance to a
7 child in the second degree when, being over twenty-one years old, he or
8 she knowingly and unlawfully sells a controlled substance in violation
9 of section 220.34 or 220.39 of this article to a person less than seven-
10 teen years old.
11 Criminal sale of a controlled substance to a child in the second
12 degree is a class B felony.
13 § 2. The penal law is amended by adding a new section 220.49 to read
14 as follows:
15 § 220.49 Criminal sale of a controlled substance to a child in the first
16 degree.
17 A person is guilty of criminal sale of a controlled substance to a
18 child in the first degree when, being over eighteen years old, he or she
19 knowingly and unlawfully sells a controlled substance in violation of
20 section 220.34 or 220.39 of this article to a person less than fourteen
21 years old.
22 Criminal sale of a controlled substance to a child in the first degree
23 is a class A-II felony.
24 § 3. This act shall take effect on the one hundred eightieth day after
25 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02158-01-5
