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A06039 Summary:

COSPNSRSkoufis, McDonald, McDonough, Fahy, Woerner, Santabarbara, Saladino, Johns, Oaks, Kolb
MLTSPNSRGalef, Lopez, Lupardo, McKevitt, Titone
Amd S220.00, add S125.24, Pen L
Establishes the crime of homicide by sale of an opiate controlled substance; makes such crime a class A-1 felony.
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A06039 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: DenDekker
  TITLE OF BILL: An act to amend the penal law, in relation to enacting "Laree's law"   PURPOSE OR GENERAL IDEA OF BILL: Establishes the crime of homicide by sale of an opiate controlled substance   SUMMARY OF SPECIFIC PROVISIONS: Section 1: This act shall be known and cited as "Laree's Law". Section 2: Adds subdivision 21 to Section 220.00 of the penal law. Section 3: Adds section 125.24 to the penal law. Section 4: Establishes the effective date.   JUSTIFICATION: Heroin use is steadily on the rise. Its impact now reaches every aspect of our society regardless of income, education or genders. The increasing availability of this drug combined with more powerful incarnations is creating an epidemic that is having a dramatic impact across the state and leading to the unfortunate death of too many New Yorkers. Currently, a person who provides an illicit drug that results in the death of a user can typically only be charged with crimi- nal sale of a controlled substance, allowing those involved in the illicit drug trade to escape prosecution for the deaths caused by their actions. This law would hold drug dealers accountable for the true cost of their activities, significantly diminish the open availability of these dangerous drugs on our streets and give district attorneys the necessary tools to work up the criminal chain to the ultimate supplier because facing life imprisonment for any amount of drugs that results in death is a profound disincentive to sell drugs within the state of New York. This law seeks to punish those individuals involved in the illegal drug trade and is not intended to punish those individuals who are merely co-users. Therefore a co-user who shares the drugs with the victim still has an incentive to follow the current good Samaritan law and save the other person as he or she will be able to avoid prosecution for homicide by sale of an opiate controlled substance and instead admit to a lower felony because it still is a distribution.   PRIOR LEGISLATIVE HISTORY: None   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law.
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