BILL NUMBER: S989A
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 a first responder, correction officer, employee of a
correctional facility or active-duty military personnel.
 
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, correction officer,
employee of a correctional facility or active-duty military personnel to
fentanyl or a fentanyl derivative in a manner that is likely to result
in illness or injury to such first responder or correction officer.
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 September 14, 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.
Fentanyl poses a serious safety risk to our first responders and this
legislation increases penalties for those who carry fentanyl and reck-
lessly expose a first responder to the drug. This legislation estab-
lishes the offense of aggravated reckless endangerment which is a class
C felony and carries a sentence of up to 15 years in prison.
 
LEGISLATIVE HISTORY:
2023-24 S7675: Referred to Codes
 
FISCAL IMPLICATIONS: None.
 
EFFECTIVE DATE:
This act shall take effect immediately.
1 https://midhudsonnews.com/2023/09/14/cop-overdoses- after-fentanyl-ex-
posure/