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A05762 Summary:

BILL NOA05762
 
SAME ASSAME AS S01388
 
SPONSORSolages
 
COSPNSR
 
MLTSPNSR
 
Amd §220.48, add §220.49, Pen L
 
Provides that criminal sale of a controlled substance by an adult to a person less than fourteen years of age is a class A-II felony.
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A05762 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5762
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 20, 2025
                                       ___________
 
        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee 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] such person knowingly and unlawfully sells a  controlled  substance
     9  in  violation  of  section  220.34 or 220.39 of this article to a person
    10  less than seventeen 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, such
    19  person  knowingly  and  unlawfully  sells  a  controlled  substance   in
    20  violation  of  section 220.34 or 220.39 of this article to a person less
    21  than fourteen 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.
                                                                   LBD01743-01-5
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