Establishes certain offenses based on homicide due to criminal sale of a controlled substance; establishes the offense of criminal sale of a controlled substance to a child in the first degree; expands the definition of controlled substances with respect to certain offenses; increases the felony classification of certain controlled substance offenses; includes electronic prescriptions and blank prescription forms in the definition of certain controlled substance offenses.
STATE OF NEW YORK
________________________________________________________________________
5448
2025-2026 Regular Sessions
IN SENATE
February 21, 2025
___________
Introduced by Sens. COMRIE, ASHBY, PALUMBO -- 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 establishing certain
offenses based on homicide due to criminal sale of a controlled
substance, establishing the offense of criminal sale of a controlled
substance to a child in the first degree, expanding the definition of
controlled substances with respect to certain offenses, increasing the
felony classification of certain controlled substance offenses and
including electronic prescriptions and blank prescription forms in the
definition of certain controlled substance offenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding two new sections 125.28
2 and 125.29 to read as follows:
3 § 125.28 Homicide due to criminal sale of a controlled substance in the
4 second degree.
5 A person is guilty of homicide due to criminal sale of a controlled
6 substance in the second degree when such person:
7 1. (a) Commits the offense of: (i) criminal sale of a controlled
8 substance in the fifth degree as defined in section 220.31 of this chap-
9 ter; (ii) criminal sale of a controlled substance in the fourth degree
10 as defined in section 220.34 of this chapter; (iii) criminal sale of a
11 controlled substance in the third degree as defined in section 220.39 of
12 this chapter; (iv) criminal sale of a controlled substance in the second
13 degree as defined in section 220.41 of this chapter; (v) criminal sale
14 of a controlled substance in the first degree as defined in section
15 220.43 of this chapter; (vi) criminal sale of a controlled substance in
16 or near school grounds as defined in section 220.44 of this chapter;
17 (vii) criminal sale of a controlled substance to a child in the second
18 degree as defined in section 220.48 of this chapter; (viii) criminal
19 sale of a prescription for a controlled substance, a blank prescription
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07435-01-5
S. 5448 2
1 form or of a controlled substance by a practitioner or pharmacist as
2 defined in section 220.65 of this chapter; or (ix) operating as a major
3 trafficker as defined in section 220.77 of this chapter; and
4 (b) The injection, inhalation, absorption, or ingestion of the
5 controlled substance sold causes, or contributes to, the death of the
6 person to whom the controlled substance was sold.
7 2. For purposes of this section, a person's act of manufacturing,
8 distributing, or dispensing a controlled substance is the cause of a
9 death when: the injection, inhalation, absorption, or ingestion of the
10 controlled substance is an antecedent but for which the death would not
11 have occurred.
12 3. It shall not be a defense to a prosecution under this section that
13 the decedent contributed to their own death by such decedent's purpose-
14 ful, knowing, reckless, or negligent injection, inhalation, absorption,
15 or ingestion of the substance or by such decedent's consenting to the
16 administration of the controlled substance by another. Nothing in this
17 section shall be construed to preclude or limit any other prosecution
18 under this article or article two hundred twenty of this chapter.
19 4. An indeterminate sentence of imprisonment is mandatory.
20 Homicide due to criminal sale of a controlled substance in the second
21 degree is a class B felony.
22 § 125.29 Homicide due to criminal sale of a controlled substance in the
23 first degree.
24 A person is guilty of homicide due to criminal sale of a controlled
25 substance in the first degree when such person:
26 1. (a) Commits the offense of: (i) criminal sale of a controlled
27 substance in the fifth degree as defined in section 220.31 of this chap-
28 ter; (ii) criminal sale of a controlled substance in the fourth degree
29 as defined in section 220.34 of this chapter; (iii) criminal sale of a
30 controlled substance in the third degree as defined in section 220.39 of
31 this chapter; (iv) criminal sale of a controlled substance in the second
32 degree as defined in section 220.41 of this chapter; (v) criminal sale
33 of a controlled substance in the first degree as defined in section
34 220.43 of this chapter; (vi) criminal sale of a controlled substance in
35 or near school grounds as defined in section 220.44 of this chapter;
36 (vii) criminal sale of a controlled substance to a child in the second
37 degree as defined in section 220.48 of this chapter; (viii) criminal
38 sale of a controlled substance to a child in the first degree as defined
39 in section 220.49 of this chapter; (ix) criminal sale of a prescription
40 for a controlled substance, a blank prescription form or of a controlled
41 substance by a practitioner or pharmacist as defined in section 220.65
42 of this chapter; or (x) operating as a major trafficker as defined in
43 section 220.77 of this chapter;
44 (b) The injection, inhalation, absorption, or ingestion of the
45 controlled substance sold causes, or contributes to, the death of the
46 person to whom the controlled substance was sold; and
47 (c)(i) The controlled substance is listed in subdivision (c) or (d) of
48 schedule II of section thirty-three hundred six of the public health
49 law, other than methadone; (ii) an additional substance was added to the
50 controlled substance sold which enhances the effects of the controlled
51 substance and/or increases the danger of ingestion; (iii) the person to
52 whom the controlled substance was sold was impaired by one or more
53 substances at the time of the sale; (iv) the person knew, or had reason
54 to know, that the person to whom the controlled substance was sold was
55 using, or intended to use, one or more other substances in conjunction
56 with the controlled substance sold; (v) the person knew, or had reason
S. 5448 3
1 to know, that the person to whom the controlled substance was sold had
2 completed a rehabilitation program, or overdosed, within thirty days of
3 the sale; or (vi) the person, being over twenty-one years old, sold a
4 controlled substance to a person less than eighteen years old.
5 2. For purposes of this section, a person's act of manufacturing,
6 distributing, or dispensing a controlled substance is the cause of a
7 death when: the injection, inhalation, absorption, or ingestion of the
8 controlled substance is an antecedent but for which the death would not
9 have occurred.
10 3. It shall not be a defense to a prosecution under this section that
11 the decedent contributed to their own death by such decedent's purpose-
12 ful, knowing, reckless, or negligent injection, inhalation, absorption,
13 or ingestion of the substance or by such decedent's consenting to the
14 administration of the substance by another. Nothing in this section
15 shall be construed to preclude or limit any other prosecution under this
16 article or article two hundred twenty of this chapter.
17 4. An indeterminate sentence of imprisonment is mandatory.
18 Homicide due to criminal sale of a controlled substance in the first
19 degree is a class A felony.
20 § 2. Subdivision 13 of section 220.16 of the penal law, as amended by
21 chapter 75 of the laws of 1995, is amended and a new subdivision 14 is
22 added to read as follows:
23 13. phencyclidine and said phencyclidine weighs one thousand two
24 hundred fifty milligrams or more[.]; or
25 14. one or more preparations, compounds, mixtures or substances
26 containing heroin and said preparations, compounds, mixtures or
27 substances are of an aggregate weight of one and one-half grams or more,
28 or such preparations, compounds, mixtures or substances are packaged in
29 fifty or more containers, packets or "decks".
30 § 3. Subdivision 7 of section 220.18 of the penal law, as amended by
31 chapter 75 of the laws of 1995, is amended and a new subdivision 8 is
32 added to read as follows:
33 7. methadone and said methadone weighs two thousand eight hundred
34 eighty milligrams or more[.]; or
35 8. one or more preparations, compounds, mixtures or substances
36 containing heroin and said preparations, compounds, mixtures or
37 substances are of an aggregate weight of twelve grams or more, or such
38 preparations, compounds, mixtures or substances are packaged in four
39 hundred or more containers, packets or "decks".
40 § 4. Subdivision 2 of section 220.21 of the penal law, as amended by
41 chapter 75 of the laws of 1995, is amended and a new subdivision 3 is
42 added to read as follows:
43 2. methadone and said methadone weighs five thousand seven hundred
44 sixty milligrams or more[.]; or
45 3. one or more preparations, compounds, mixtures or substances
46 containing heroin and said preparations, compounds, mixtures or
47 substances are of an aggregate weight of twenty-four grams or more, or
48 such preparations, compounds, mixtures or substances are packaged in
49 eight hundred or more containers, packets or "decks".
50 § 5. Subdivision 7 of section 220.41 of the penal law, as amended by
51 chapter 75 of the laws of 1995, is amended and a new subdivision 8 is
52 added to read as follows:
53 7. methadone and the methadone weighs three hundred sixty milligrams
54 or more[.]; or
55 8. one or more preparations, compounds, mixtures or substances
56 containing heroin and the preparations, compounds, mixtures or
S. 5448 4
1 substances are of an aggregate weight of one and one-half grams or more,
2 or such preparations, compounds, mixtures or substances are packaged in
3 fifty or more containers, packets or "decks".
4 § 6. Subdivision 2 of section 220.43 of the penal law, as amended by
5 chapter 75 of the laws of 1995, is amended and a new subdivision 3 is
6 added to read as follows:
7 2. methadone and the methadone weighs two thousand eight hundred
8 eighty milligrams or more[.]; or
9 3. one or more preparations, compounds, mixtures or substances
10 containing heroin and the preparations, compounds, mixtures or
11 substances are of an aggregate weight of six grams or more, or such
12 preparations, compounds, mixtures or substances are packaged in two
13 hundred or more containers, packets or "decks".
14 § 7. Section 220.48 of the penal law, as added by section 28 of part
15 AAA of chapter 56 of the laws of 2009, is amended to read as follows:
16 § 220.48 Criminal sale of a controlled substance to a child in the
17 second degree.
18 A person is guilty of criminal sale of a controlled substance to a
19 child in the second degree when, being over twenty-one years old, [he or
20 she] such person knowingly and unlawfully sells without consideration or
21 other benefit or gain a controlled substance in violation of section
22 220.34 or 220.39 of this article to [a] another person less than [seven-
23 teen] eighteen years old.
24 Criminal sale of a controlled substance to a child in the second
25 degree is a class B felony.
26 § 8. The penal law is amended by adding a new section 220.49 to read
27 as follows:
28 § 220.49 Criminal sale of a controlled substance to a child in the first
29 degree.
30 A person is guilty of criminal sale of a controlled substance to a
31 child in the first degree when, being over twenty-one years old, such
32 person knowingly and unlawfully sells a controlled substance for consid-
33 eration or other benefit or gain in violation of section 220.34 or
34 220.39 of this article to another person less than eighteen years old.
35 Criminal sale of a controlled substance to a child in the first degree
36 is a class A-II felony.
37 § 9. The closing paragraph of section 220.50 of the penal law, as
38 amended by chapter 627 of the laws of 1990, is amended to read as
39 follows:
40 Criminally using drug paraphernalia in the second degree is a class [A
41 misdemeanor] E felony.
42 § 10. Section 220.55 of the penal law, as added by chapter 970 of the
43 laws of 1971, is amended to read as follows:
44 § 220.55 Criminally using drug paraphernalia in the first degree.
45 A person is guilty of criminally using drug paraphernalia in the first
46 degree when [he] such person commits the crime of criminally using drug
47 paraphernalia in the second degree and [he] such person has previously
48 been convicted of criminally using drug paraphernalia in the second
49 degree.
50 Criminally using drug paraphernalia in the first degree is a class [D]
51 C felony.
52 § 11. Subdivision 15 of section 220.00 of the penal law, as added by
53 chapter 118 of the laws of 1986, is amended to read as follows:
54 15. "Prescription for a controlled substance" means a direction or
55 authorization, by means of an official New York state prescription form,
56 an electronic prescription, a written prescription form or an oral
S. 5448 5
1 prescription, which will permit a person to lawfully obtain a controlled
2 substance from any person authorized to dispense controlled substances.
3 § 12. Section 220.65 of the penal law, as amended by chapter 31 of the
4 laws of 2014, is amended to read as follows:
5 § 220.65 Criminal sale of a prescription for a controlled substance, a
6 blank prescription form or of a controlled substance by a
7 practitioner or pharmacist.
8 A person is guilty of criminal sale of a prescription for a controlled
9 substance, a blank prescription form or of a controlled substance by a
10 practitioner or pharmacist when: 1. being a practitioner, as that term
11 is defined in section thirty-three hundred two of the public health law,
12 [he or she] such person knowingly and unlawfully sells a prescription
13 for a controlled substance or a blank prescription form. For the
14 purposes of this section, a person sells a prescription for a controlled
15 substance or a blank prescription form unlawfully when [he or she] such
16 person does so other than in good faith in the course of [his or her]
17 such person's professional practice; or
18 2. being a practitioner or pharmacist, as those terms are defined in
19 section thirty-three hundred two of the public health law, [he or she]
20 such person, acting other than in good faith, while purporting to act
21 within the scope of the power, authority and privileges of [his or her]
22 such person's license, as that term is defined in section thirty-three
23 hundred two of the public health law, knowingly and unlawfully sells a
24 controlled substance or a blank prescription form.
25 Criminal sale of a prescription for a controlled substance, a blank
26 prescription form or of a controlled substance by a practitioner or
27 pharmacist is a class [C] B felony.
28 § 13. This act shall take effect on the first of November next
29 succeeding the date upon which it shall have become a law.
