S04726 Summary:

BILL NOS04726
 
SAME ASSAME AS A03902
 
SPONSORAMEDORE
 
COSPNSRAKSHAR, BOYLE, FUNKE, GALLIVAN, JORDAN, O'MARA, ROBACH
 
MLTSPNSR
 
Amd §220.00, add §125.24, 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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S04726 Actions:

BILL NOS04726
 
03/22/2019REFERRED TO CODES
01/08/2020REFERRED TO CODES
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S04726 Committee Votes:

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S04726 Floor Votes:

There are no votes for this bill in this legislative session.
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S04726 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4726
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                     March 22, 2019
                                       ___________
 
        Introduced  by  Sens.  AMEDORE,  AKSHAR, BOYLE, FUNKE, GALLIVAN, JORDAN,
          O'MARA, ROBACH -- 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 enacting "Laree's law"
 
          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  "Laree's law".
     3    § 2. Section 220.00 of the penal law is amended by adding a new subdi-
     4  vision 21 to read as follows:
     5    21. "Opiate controlled substance" means any substance listed in sched-
     6  ule  I,  II,  III,  IV  or  V of section thirty-three hundred six of the
     7  public health law that is classified as either an opiate or opium deriv-
     8  ative under such law.
     9    § 3. The penal law is amended by adding a new section 125.24  to  read
    10  as follows:
    11  § 125.24 Homicide by sale of an opiate controlled substance.
    12    A  person  is  guilty  of  homicide  by  sale  of an opiate controlled
    13  substance when he or she unlawfully transports  by  importing  into  the
    14  state  or transporting within the state from one county into another, or
    15  unlawfully sells as defined by subdivision one of section 220.00 of this
    16  chapter, an opiate controlled substance as defined by subdivision  twen-
    17  ty-one  of  section  220.00  of this chapter, and such opiate controlled
    18  substance causes the death of another person.
    19    It shall be a defense to homicide by  sale  of  an  opiate  controlled
    20  substance  that  the  defendant  jointly and simultaneously acquired and
    21  possessed such opiate  controlled  substance  for  joint  use  with  the
    22  deceased,  with the intent to jointly inject, inhale or otherwise ingest
    23  such opiate controlled substance.
    24    Homicide by sale of an opiate controlled  substance  is  a  class  A-I
    25  felony.
    26    §  4.  This  act shall take effect on the ninetieth day after it shall
    27  have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07850-01-9
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