BILL NUMBER: S3934
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the public health law and the penal law, in relation to
fentanyl analogues
 
PURPOSE:
To define fentanyl analogues and make them subject to section 3306 of
the public health law to aid in criminal prosecution of individuals who
sell fentanyl analogues.
 
SUMMARY OF PROVISIONS:
Section 1: Amends Section 3302 of the public health law to add a new
subdivision 42, which includes the definition of "fentanyl analogue"
Section 2: Amends subdivision (b) of schedule I of section 3306 of the
public health law and adds a new section to the public health law
regarding fentanyl analogues
Section 3: Amends Section 220.00 of the penal law to clarify that for
offenses involving the possession or sale of a fentanyl analog, an indi-
vidual can commit a crime "knowingly" even if he or she does not have
knowledge of the exact chemical structure of the fentanyl analog.
Section 4: Sets Effective Date.
 
JUSTIFICATION:
Synthetic fentanyl-like drugs that mimic the effects of fentanyl but
have different chemical structures are increasingly being sold to indi-
viduals in New York State. These synthetic fentanyl analogs often have
medical effects that are similar to or greater than fentanyl but are not
adequately regulated by existing state law. This bill addresses these
deficiencies and gives prosecutors a stronger ability to prosecute those
who threaten the health and well-being of New Yorkers.
 
LEGISLATIVE HISTORY:
Senate
2017: S2722, Passed Senate
2018: S2722, Advanced to Third Reading
2019: S1652A, Passed Senate
2020: S1652A, Referred to Health
2021: S1824, Referred to Health
2022: S1824, Referred to Health
2023: S2855, Referred to Health
2024: S2855, Referred to Health
Assembly
2017:A2970A; Amend and Recommit to Health
2018:A2970A, Referred to Health
2019:A6757A, Amend and Recommit to Health
2020:A6757A, Referred to Health
2021:A6629, Referred to Health
2022:A6629, Referred to Health
2023:A4582, Referred to Health
2024:A4582, Referred to Health
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S3934: 3302 public health law, 3306 public health law, 220.00 penal law