BILL NUMBER: S7675
SPONSOR: ROLISON
 
TITLE OF BILL:
An act to amend the penal law, in relation to establishing the offense
of aggravated reckless endangerment; and to amend the criminal procedure
law, in relation to including aggravated reckless endangerment as a
qualified offense the court must consider and take into account for
securing an order
 
PURPOSE:
To establish the offense of aggravated reckless endangerment when such
person knowingly possesses fentanyl or a fentanyl derivative and reck-
lessly exposes it to a first responder or correction officer.
 
SUMMARY OF PROVISIONS:
Section 1 amends the penal law by adding a new section, 120.26, aggra-
vated reckless endangerment. A person is guilty of aggravated reckless
endangerment when such person knowingly possesses fentanyl or a fentanyl
derivative and recklessly exposes a first responder or correction offi-
cer to fentanyl or a fentanyl derivative in a manner that is likely to
result in illness or injury to such first responder or correction offi-
cer.
Section 2 adds a new paragraph (v) to subdivision 4 of Section 510.10 of
the criminal procedure law for aggravated reckless endangerment as
defined in section 120.26 of the penal law.
Section 3 adds a new subparagraph xxii to paragraph (b) of subdivision 1
of section 530.20 of the criminal procedure law for aggravated reckless
endangerment as defined in section 120.26 of the penal law.
Section 4: adds new paragraph (v) to section 530.40 of the criminal
procedure law for aggravated reckless endangerment as defined in section
120.26 of the penal law.
Section 5 states the effective date.
 
JUSTIFICATION:
On the week of September 11, 2023, a City of Poughkeepsie police officer
suffered from the near-fatal effects of the fentanyl he was exposed to
while on a routine call involving two suspects possibly using the
drug{1}. The suspect who was carrying the deadly fentanyl package was
only issued an appearance ticket and the other suspect was not charged.
Fentanyl poses a serious safety risk to our first responders and
correction officers and this legislation increases penalties for those
who carry fentanyl and recklessly expose a first responder or correction
officer to the drug. This legislation establishes the offense of aggra-
vated reckless endangerment which is a class C felony and carries a
sentence of up to 15 years in prison.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take immediately.
{1} https://midhudsonnews.com/2023/09/14/cop-overdoses-after-fentanyl-
exposure/