A06470 Summary:

COSPNSRDeStefano, Byrne, Hawley, McDonough, Norris, Mikulin, Manktelow, Salka, Walczyk, Reilly, Miller B
Add 220.79, Pen L
Relates to the criminal possession of fentanyl.
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A06470 Actions:

03/07/2019referred to codes
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A06470 Committee Votes:

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A06470 Floor Votes:

There are no votes for this bill in this legislative session.
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A06470 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Brabenec
  TITLE OF BILL: An act to amend the penal law, in relation to the criminal possession of fentanyl   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is so criminalize the unlawful possession of fentanyl or fentanyl analog.   SUMMARY OF SPECIFIC PROVISIONS: The bill adds a new section 220.79 to the Penal Law to create the crime of criminal possession of fentanyl or fentanyl analog, which is commit- ted when a person traffics fentanyl, or any derivative thereof, by know- ingly or intentionally manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, dispense fentanyl or any derivate thereof. This crime is also committed by bringing into the state a net weight of more than 10 grams of fentanyl or any derivate thereof. This crime is a class E felony.   JUSTIFICATION: The Senate Heroin and Opiod Task Force has heard and news reports are almost daily highlighting that the abuse of fentanyl is continuing to get more and more lethal. Current law does nothing to allow police to prosecute and individual for this specific drug. The surge in deaths was so great that the Drug. Enforcement Administration (DEA) issued an alert warning noting the recent increase in heroin being laced with fentanyl. The DEA also noted that fentanyl can be lethal, even at low levels, and can be absorbed through the skin or accidentally inhaled. DEA Adminis- trator Michele U. Leonhart stated that when laced with heroin, fentanyl and fentanyl analogues are up to "100 times more powerful then morphine and 30-50 times more powerful than heroin." Law enforcement seizures of illegal drugs containing fentanyl more than tripled between 2013 and 2014. This bill will serve to deter the trafficking of fentanyl and to help the fight against the heroin epidemic.   PRIOR LEGISLATIVE HISTORY: S. 7662A of 2018; Referred to Codes S. 313 of 2019; Referred to Codes   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A06470 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 7, 2019
        Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
          tee on Codes
        AN ACT to amend the penal law, in relation to the criminal possession of
          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 a new section 220.79  to
     2  read as follows:
     3  § 220.79 Criminal possession of fentanyl.
     4    A  person  is guilty of criminal possession of fentanyl when he or she
     5  knowingly and unlawfully possesses, manufactures, distributes,  or  uses
     6  fentanyl, or any fentanyl analogs, to enhance another illegal substance.
     7    Criminal possession of fentanyl is a class E felony.
     8    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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A06470 LFIN:

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A06470 Chamber Video/Transcript:

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