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NY S05448
Bill
Status
2/21/2025
Primary Sponsor
Leroy Comrie
Click for details
AI Summary
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Creates two new homicide offenses for drug dealers whose sales result in death: second degree (Class B felony) when a controlled substance sale causes or contributes to the buyer's death, and first degree (Class A felony) when aggravating factors exist such as selling opioids, adding dangerous adulterants, selling to minors, or selling to someone recently out of rehab or who recently overdosed
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Eliminates the defense that the deceased contributed to their own death through voluntary drug use, and makes indeterminate imprisonment mandatory for both new homicide offenses
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Creates criminal sale of a controlled substance to a child in the first degree (Class A-II felony) for adults over 21 who sell drugs to minors under 18 for profit, while the existing offense becomes second degree (Class B felony) for sales without consideration
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Adds heroin-specific thresholds to controlled substance possession and sale offenses, including 1.5 grams or 50+ packages for second degree possession, 12 grams or 400+ packages for first degree possession, and 24 grams or 800+ packages for possession in the first degree
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Increases penalties for drug paraphernalia crimes from Class A misdemeanor to Class E felony (second degree) and from Class D to Class C felony (first degree), and upgrades criminal sale of prescriptions by practitioners/pharmacists from Class C to Class B felony while adding electronic prescriptions and blank forms to covered offenses
Legislative Description
Establishes certain offenses based on homicide due to criminal sale of a controlled substance; establishes the offense of criminal sale of a controlled substance to a child in the first degree; expands the definition of controlled substances with respect to certain offenses; increases the felony classification of certain controlled substance offenses; includes electronic prescriptions and blank prescription forms in the definition of certain controlled substance offenses.
Last Action
REFERRED TO CODES
1/7/2026