STATE OF NEW YORK
________________________________________________________________________
6523
2015-2016 Regular Sessions
IN ASSEMBLY
March 26, 2015
___________
Introduced by M. of A. SKOUFIS -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to enacting "Dillon's law"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Dillon's
2 law".
3 § 2. The penal law is amended by adding five new sections 125.65,
4 125.70, 125.75, 125.80 and 125.85 to read as follows:
5 § 125.65 Drug-induced homicide in the fifth degree.
6 1. A person is guilty of drug-induced homicide in the fifth degree
7 when he or she gives or sells a controlled substance as defined in
8 section 220.00, to another person, who is over the age of eighteen, and
9 such person dies as a result of using or ingesting such substance; and
10 2. is charged with a crime, described in articles two hundred twenty
11 and two hundred twenty-one, that constitutes a class B misdemeanor.
12 Drug-induced homicide in the fifth degree is a class E felony.
13 § 125.70 Drug-induced homicide in the fourth degree.
14 1. A person is guilty of drug-induced homicide in the fourth degree
15 when he or she gives or sells a controlled substance as defined in
16 section 220.00, to another person, who is over the age of eighteen, and
17 such person dies as a result of using or ingesting such substance; and
18 2. is charged with a crime, described in articles two hundred twenty
19 and two hundred twenty-one, that constitutes a class A misdemeanor.
20 Drug-induced homicide in the fourth degree is a class D felony.
21 § 125.75 Drug-induced homicide in the third degree.
22 1. A person is guilty of drug-induced homicide in the third degree
23 when he or she gives or sells a controlled substance as defined in
24 section 220.00, to another person, who is over the age of eighteen, and
25 such person dies as a result of using or ingesting such substance; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10008-02-5
A. 6523 2
1 2. is charged with a crime, described in articles two hundred twenty
2 and two hundred twenty-one, that constitutes a class E felony.
3 Drug-induced homicide in the third degree is a class C felony.
4 § 125.80 Drug-induced homicide in the second degree.
5 1. A person is guilty of drug-induced homicide in the second degree
6 when he or she gives or sells a controlled substance as defined in
7 section 220.00, to another person, who is over the age of eighteen, and
8 such person dies as a result of using or ingesting such substance; and
9 2. is charged with a crime, described in articles two hundred twenty
10 and two hundred twenty-one, that constitutes a class D felony.
11 Drug-induced homicide in the second degree is a class B felony.
12 § 125.85 Drug-induced homicide in the first degree.
13 1. A person is guilty of drug-induced homicide in the first degree
14 when he or she gives or sells a controlled substance as defined in
15 section 220.00, to another person, who is over the age of eighteen, and
16 such person dies as a result of using or ingesting such substance; and
17 2. is charged with a crime, described in articles two hundred twenty
18 and two hundred twenty-one, that constitutes a class C, class B or class
19 A felony.
20 3. A person is guilty of drug-induced homicide in the first degree
21 when he or she gives or sells a controlled substance as defined in
22 section 220.00 to a minor, and such minor dies as a result or using or
23 ingesting such substance.
24 Drug-induced homicide in the first degree is a class A felony.
25 § 3. This act shall take effect immediately.
