New York A 6736: Establishes certain offenses based on homicide due to criminal sale of a controlled substance and the criminal sale of a controlled substance to a child in the first degree

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A06736 Summary:

BILL NOA06736 

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SAME ASSAME AS S05448

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SPONSORGriffin

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COSPNSR

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MLTSPNSR

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Amd Pen L, generally

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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.

Go to top A06736 Actions:

BILL NOA06736 

&nbsp

03/11/2025referred to codes

01/07/2026referred to codes

Go to topA06736 Committee&nbspVotes:

Go to topA06736 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA06736 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6736

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 11, 2025
 ___________

 Introduced by M. of A. GRIFFIN -- read once and referred to the Commit-
 tee on Codes

 AN ACT to amend the penal law, in relation to establishing certain
 offenses based on homicide due to criminal sale of a controlled
 substance, establishing the offense of criminal sale of a controlled
 substance to a child in the first degree, expanding the definition of
 controlled substances with respect to certain offenses, increasing the
 felony classification of certain controlled substance offenses and
 including electronic prescriptions and blank prescription forms in the
 definition of certain controlled substance offenses

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The penal law is amended by adding two new sections 125.28
 2 and 125.29 to read as follows:
 3 § 125.28 Homicide due to criminal sale of a controlled substance in the
 4 second degree.
 5 A person is guilty of homicide due to criminal sale of a controlled
 6 substance in the second degree when such person:
 7 1. (a) Commits the offense of: (i) criminal sale of a controlled
 8 substance in the fifth degree as defined in section 220.31 of this chap-
 9 ter; (ii) criminal sale of a controlled substance in the fourth degree
 10 as defined in section 220.34 of this chapter; (iii) criminal sale of a
 11 controlled substance in the third degree as defined in section 220.39 of
 12 this chapter; (iv) criminal sale of a controlled substance in the second
 13 degree as defined in section 220.41 of this chapter; (v) criminal sale
 14 of a controlled substance in the first degree as defined in section
 15 220.43 of this chapter; (vi) criminal sale of a controlled substance in
 16 or near school grounds as defined in section 220.44 of this chapter;
 17 (vii) criminal sale of a controlled substance to a child in the second
 18 degree as defined in section 220.48 of this chapter; (viii) criminal
 19 sale of a prescription for a controlled substance, a blank prescription

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07435-01-5

 A. 6736 2

 1 form or of a controlled substance by a practitioner or pharmacist as
 2 defined in section 220.65 of this chapter; or (ix) operating as a major
 3 trafficker as defined in section 220.77 of this chapter; and
 4 (b) The injection, inhalation, absorption, or ingestion of the
 5 controlled substance sold causes, or contributes to, the death of the
 6 person to whom the controlled substance was sold.
 7 2. For purposes of this section, a person's act of manufacturing,
 8 distributing, or dispensing a controlled substance is the cause of a
 9 death when: the injection, inhalation, absorption, or ingestion of the
 10 controlled substance is an antecedent but for which the death would not
 11 have occurred.
 12 3. It shall not be a defense to a prosecution under this section that
 13 the decedent contributed to their own death by such decedent's purpose-
 14 ful, knowing, reckless, or negligent injection, inhalation, absorption,
 15 or ingestion of the substance or by such decedent's consenting to the
 16 administration of the controlled substance by another. Nothing in this
 17 section shall be construed