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S07141 Summary:

BILL NOS07141A
 
SAME ASNo Same As
 
SPONSORCHAN
 
COSPNSRO'MARA
 
MLTSPNSR
 
Amd §125.25, add §120.12-a, Pen L
 
Amends the offense of murder in the second degree to include when a person knowingly distributes fentanyl or any substance containing fentanyl and as a result of such distribution causes the death of another person; establishes the crime of aggravated criminal sale of a controlled substance resulting in serious physical injury.
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S07141 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7141--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      April 1, 2025
                                       ___________
 
        Introduced  by  Sen.  CHAN  --  read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the penal law, in relation to fentanyl

          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  "Sasha's Law".
     3    §  2.  Subdivision 5 of section 125.25 of the penal law, as amended by
     4  chapter 23 of the laws of 2024, is amended and a new  subdivision  6  is
     5  added to read as follows:
     6    5. Being eighteen years old or more, while in the course of committing
     7  rape  in  the first, second or third degree, a crime formerly defined in
     8  section 130.50, 130.45 or 130.40 of this  title,  the  crime  of  sexual
     9  abuse in the first degree, aggravated sexual abuse in the first, second,
    10  third  or fourth degree, or incest in the first, second or third degree,
    11  against a person less than fourteen years old, [he or she]  they  inten-
    12  tionally [causes] cause the death of such person[.]; or
    13    6.  Knowingly,  the  defendant  distributes  fentanyl or any substance
    14  containing fentanyl and causes the death of another person.
    15    § 3. The penal law is amended by adding a new section 120.12-a to read
    16  as follows:
    17  § 120.12-a Aggravated criminal sale of a controlled substance  resulting
    18               in serious physical injury.
    19    1.  A  person  is  guilty  of aggravated criminal sale of a controlled
    20  substance resulting in serious physical injury when such person knowing-
    21  ly  manufactures,  sells,  or  distributes  fentanyl  or  any  substance
    22  containing  fentanyl,  and  as  a  result  of  such manufacture, sale or
    23  distribution, causes the serious physical injury of another person.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11423-04-5

        S. 7141--A                          2
 
     1    2. For the purposes of this section, the term "sale" shall not include
     2  the casual, non-commercial sharing of a controlled substance among indi-
     3  viduals who have a pre-existing social relationship.
     4    Aggravated  criminal sale of a controlled substance resulting in seri-
     5  ous physical injury is a class B felony.
     6    § 4. This act shall take effect immediately.
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