Includes exposing a first responder or correction officer to fentanyl, a fentanyl derivative or an opiate containing fentanyl or a fentanyl derivative in the definition of the offense of assault in the first degree.
STATE OF NEW YORK
________________________________________________________________________
1387
2025-2026 Regular Sessions
IN SENATE
January 9, 2025
___________
Introduced by Sens. CANZONERI-FITZPATRICK, ASHBY, BORRELLO, GALLIVAN,
OBERACKER, ROLISON -- 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 including exposing a first
responder or correction officer to fentanyl, fentanyl derivatives or
opiates containing fentanyl or fentanyl derivatives in the definition
of the offense of assault in the first degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 120.10 of the penal law, subdivision 4 as amended
2 by chapter 791 of the laws of 1967 and the closing paragraph as amended
3 by chapter 646 of the laws of 1996, is amended to read as follows:
4 § 120.10 Assault in the first degree.
5 A person is guilty of assault in the first degree when:
6 1. With intent to cause serious physical injury to another person,
7 [he] such person causes such injury to such other person or to a third
8 person by means of a deadly weapon or a dangerous instrument; or
9 2. With intent to disfigure another person seriously and permanently,
10 or to destroy, amputate or disable permanently a member or organ of
11 [his] such other person's body, [he] such person causes such injury to
12 such other person or to a third person; or
13 3. Under circumstances evincing a depraved indifference to human life,
14 [he] such person recklessly engages in conduct which creates a grave
15 risk of death to another person, and thereby causes serious physical
16 injury to another person; or
17 4. In the course of and in furtherance of the commission or attempted
18 commission of a felony or of immediate flight therefrom, [he] such
19 person, or another participant if there be any, causes serious physical
20 injury to a person other than one of the participants; or
21 5. With intent to cause serious physical injury to a first responder
22 as defined in section three thousand one of the public health law, or a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01124-02-5
S. 1387 2
1 correction officer, such person causes such injury to such first respon-
2 der or correction officer by exposing such first responder or correction
3 officer to fentanyl, a fentanyl derivative or an opiate containing
4 fentanyl or a fentanyl derivative by any means, including, but not
5 limited to, throwing or tossing at or injecting such first responder or
6 correction officer with any such substance.
7 Assault in the first degree is a class B felony.
8 § 2. This act shall take effect on the first of November next succeed-
9 ing the date upon which it shall have become a law and shall apply to
10 offenses committed on or after such effective date. Effective immediate-
11 ly the addition, amendment or repeal of any rule or regulation necessary
12 for the implementation of this act on its effective date are authorized
13 to be made and completed on or before such date.
