BILL NUMBER: S2372
SPONSOR: PALUMBO
 
TITLE OF BILL:
An act to amend the penal law, in relation to enacting "Chelsey's law"
 
PURPOSE:
This bill, commonly known as a 'death by dealer' statute, amends the
penal law to devise a new statutory scheme around 'drug-induced
manslaughter' that codifies certain proximate homicide precepts applica-
ble to controlled substances.
 
SUMMARY OF PROVISIONS:
Section 1. States that this act shall be known and may be cited as
"Chelsey's Law".
Section 2. Amends section 125.15 of the penal law by adding a new subdi-
vision 2.
Section 3. Amends subdivision 4 of section 125.20 of the penal law, as
added by chapter 477 of the laws of 1990, and adds a new subdivision 5.
Section 4. Amends subdivision 2 of section 125.22 of the penal law, as
added by chapter 765 of the laws of 2005, and adds a new subdivision 3.
Section 5. Amends the penal law by adding a new section 125.23.
Section 6. Sets the effective date.
 
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. 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.
Currently, a person who provides an illicit drug that results in the
death of a user can typically only be charged with criminal sale of a
controlled substance (a class B non-violent felony), allowing those
involved in the illicit drug trade to escape prosecution for the deaths
caused by their actions. This bill, which is largely consistent with
case law holdings, would hold drug dealers accountable for the true cost
of their activities, significantly diminish the open availability of
these dangerous drugs on our streets and give district attorneys the
necessary tools to work up the criminal chain to the ultimate supplier.
This legislation is named "Chelsey' Law" in honor of Chelsey Murray, a
31 year old Suffolk County resident who tragically passed away in August
2022 from fentanyl poisoning attributed to a nefarious drug dealer. The
Murray's were one of 399 families in Suffolk County that lost a child
due to a fatal opioid overdose in 2022, illustrating the tragic real-
world impacts of the scourge of illegal drug sales in our local communi-
ties.
 
LEGISLATIVE HISTORY:
2024 S.7790/A.8384
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
Immediately

Statutes affected:
S2372: 125.15 penal law, 125.20 penal law, 125.20(4) penal law, 125.22 penal law, 125.22(2) penal law