BILL NUMBER: S4058
SPONSOR: MANNION
 
TITLE OF BILL:
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
 
PURPOSE:
The purpose of this bill is to establish certain offenses based on homi-
cide due to criminal sale of a controlled substance and to the criminal
sale of a controlled substance to a child in the first degree.
 
SUMMARY OF PROVISIONS:
Section 1 of this bill would amend the Penal Law by adding two new
sections 125.28 and 125.29.
Section 2 of this bill would amend section 220.16 of the Penal Law by
adding a new subdivision 14.
Section 3 of this bill would amend subdivision 7 of section 220.18 of
the Penal Law and add a new subdivision 8.
Section 4 of this bill would amend subdivision 2 of section 220.21 of
the penal law and add a new subdivision 3.
Section 5 of this bill would subdivision 7 of section 220.41 of the
penal law and add a new subdivision 8.
Section 6 of this bill would amend subdivision 2 of section 220.43 of
the Penal Law and a new subdivision 3.
Section 7 of this bill would amend the heading of section 220.48 of the
Penal Law.
Section 8 of this bill would amend the Penal Law by adding a new section
220.49.
Section 9 of this bill would amend the closing paragraph of section
220.50 of the Penal Law.
Section 10 of this bill would amend Section 220.55 of the Penal Law.
Section 11 of this bill would amend subdivision 15 of section 220.00 of
the Penal Law.
Section 12 of this bill would amend section 220.65 of the Penal Law.
Section 13 of this bill provides that the effective date shall take
effect on the first of November next succeeding the date upon which it
shall have become a law.
 
JUSTIFICATION:
New York State is in the middle of a deadly opioid and heroin epidemic.
New York's rate of overdose deaths involving heroin was 6.5 per 100,000
population, and the rate of deaths involving "opioid pain relievers" was
11.7 per 100,000. There are far too many deaths caused by prescription
pills and heroin. To combat these deadly issues, our state must hold
those who sell illegal substances accountable for the consequences of
their actions, especially when it leads to the death of another individ-
ual.
In 1972, the People of the State of New York v. Pinckney, the court
found a defendant not guilty of homicide or manslaughter, despite sell-
ing heroin, and the instruments to inject heroin, to the individual who
died the same day from a heroin overdose. The County Court held, "the
Penal Law does not contain any provision whereby the sale of a dangerous
drug and the means of injecting it, thereby resulting in the death of
the user, constitute the crime of manslaughter or criminally negligent
homicide." This bill will reverse the outdated precedent and hold sell-
ers responsible for the deaths they caused by their distribution of
illegal drugs. It will also allow for the prosecution of drug dealers
whose sale leads to the death of an individual to be charged with crimi-
nally negligent homicide and/or manslaughter. The bill further strength-
ens the penalty for the sale of illegal substances to minors, especially
in the case of death.
Another important provision is to amend the weight requirements for
heroin in order to be charged with criminal possession or sale. The
average dose of heroin is just 0.03 grams, which means that even an
extremely small amount can be deadly. This bill will decrease the weight
requirements so that individuals who carry and distribute small, but
lethal, amounts of heroin can be charged with a crime. Finally, it will
include the abuse of electronic prescriptions and blank prescription
forms as punishable offenses. Currently, neither the sale of an elec-
tronic prescription nor the sale of a blank prescription from a medical
provider is included in the criminal sale of prescriptions statute. The
addition of these provisions will further limit the ability for abuse
from providers and patients in purchasing prescription drugs.
The scourge of illegal drug sales and usage is a complex and widespread
problem in our communities. In addition to expanding prevention and
treatment services, the penalty for selling drugs that lead to death,
especially the deaths of minors must be strong enough to reflect the
severity of the crime. Statues must also reflect and criminalize the
full range of mechanisms through which drug dealers can acquire and sell
illegal substances. This bill will further these goals and is an impor-
tant step forward in solving the epidemic of substance abuse in our
state.
 
FISCAL IMPLICATIONS:
None.
 
PRIOR LEGISLATIVE HISTORY:
2021-22: S.1017-A (Kaminsky) - Referred to Codes.
2019-20: S.6818 (Kaminsky) - Referred to Codes.
2017-18: S.4343 (Phillips) - Referred to Codes.
2015-16: S.7512 (Martines) - Referred to Codes.
 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date upon which it shall have become a law.

Statutes affected:
S4058: 220.16 penal law, 220.16(13) penal law, 220.18 penal law, 220.18(7) penal law, 220.21 penal law, 220.21(2) penal law, 220.41 penal law, 220.41(7) penal law, 220.43 penal law, 220.43(2) penal law, 220.48 penal law, 220.50 penal law, 220.55 penal law, 220.00 penal law, 220.00(15) penal law, 220.65 penal law