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Bill > S05448


NY S05448

NY S05448
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.


summary

Introduced
02/21/2025
In Committee
02/21/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

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

AI Summary

This bill strengthens New York's drug laws by introducing two new serious felony offenses related to drug-related homicides and expanding penalties for drug sales. Specifically, the bill creates two new criminal charges: "Homicide due to criminal sale of a controlled substance" in the first and second degrees, which would apply when a person sells drugs and the recipient dies as a result. The first-degree charge includes additional aggravating circumstances, such as selling to a minor, selling near a school, or selling to someone who has recently completed rehabilitation. The bill also increases felony classifications for several drug-related offenses, expands the definition of controlled substances to include more heroin-related preparations, lowers the age threshold for selling drugs to a child from seventeen to eighteen, and includes electronic prescriptions in the definition of prescription fraud. Additionally, the bill increases penalties for drug paraphernalia offenses and prescription fraud, changing some misdemeanors to felonies and raising the severity of existing felony charges. The legislation aims to deter drug sales and provide stronger legal consequences for drug-related deaths, particularly those involving sales to minors or vulnerable individuals.

Committee Categories

Housing and Urban Affairs

Sponsors (3)

Last Action

REFERRED TO CODES (on 02/21/2025)

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