New York A 5144: Relates to the award of crime victim assistance funds for victims of overdoses where a substance was administered through deception or surreptitously

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A05144 Summary:

BILL NOA05144 

&nbsp

SAME ASSAME AS S04677

&nbsp

SPONSORStern (MS)

&nbsp

COSPNSRGonzalez-Rojas, Simon, Lunsford, Jacobson, Jones, McMahon, Woerner, Williams, Pheffer Amato, Fall,
 Braunstein, Berger, Barrett, Eachus, Stirpe, Ra, Blankenbush, Blumencranz, Brabenec, Brown K, Brown
 E, Chang, DeStefano, Durso, Gandolfo, Giglio, Gray, Manktelow, McDonough, Mikulin, Slater, Kassay,
 Bendett

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MLTSPNSRShimsky

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Amd §§632-a & 621, Exec L

&nbsp

Permits award of crime victim assistance funds to victims of overdoses, where such overdoses cause death and were the result of deception, surreptitious delivery, or third-party administration of a controlled substance.

Go to top A05144 Actions:

BILL NOA05144 

&nbsp

02/12/2025referred to governmental operations

01/07/2026referred to governmental operations

Go to topA05144 Committee&nbspVotes:

Go to topA05144 Floor&nbspVotes:

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

Go to topA05144 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5144

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 12, 2025
 ___________

 Introduced by M. of A. STERN, GONZALEZ-ROJAS, SIMON, LUNSFORD, JACOBSON,
 JONES, McMAHON, WOERNER, WILLIAMS, PHEFFER AMATO, FALL, BRAUNSTEIN,
 BERGER, BARRETT, EACHUS, STIRPE, RA, BLANKENBUSH, BLUMENCRANZ, BRABE-
 NEC, K. BROWN, E. BROWN, CHANG, DeSTEFANO, DURSO, GANDOLFO, GIGLIO,
 GRAY, MANKTELOW, McDONOUGH, MIKULIN, SLATER -- Multi-Sponsored by --
 M. of A. SHIMSKY -- read once and referred to the Committee on
 Governmental Operations

 AN ACT to amend the executive law, in relation to the award of crime
 victim assistance funds to victims of overdoses, where such overdoses
 were the result of deception, surreptitious delivery, or third-party
 administration of a controlled substance which causes death

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

 1 Section 1. Subparagraph (ii) of paragraph (e) of subdivision 1 of
 2 section 632-a of the executive law, as amended by section 24 of part A-1
 3 of chapter 56 of the laws of 2010, is amended to read as follows:
 4 (ii) Notwithstanding the provisions of subparagraph (i) of this para-
 5 graph a "specified crime" shall not mean or include an offense defined
 6 in any of the following articles of the penal law: articles one hundred
 7 fifty-eight, one hundred seventy-eight, [two hundred twenty, two hundred
 8 twenty-one,] two hundred twenty-five, and two hundred thirty.
 9 § 2. Paragraph (e) of subdivision 1 of section 632-a of the executive
 10 law is amended by adding a new subparagraph (iii) to read as follows:
 11 (iii) Notwithstanding the provisions of subparagraph (i) of this para-
 12 graph a "specified crime" shall not mean or include an offense defined
 13 in article two hundred twenty of the penal law unless it is demonstrated
 14 that such offense (A) involves the death of the victim; (B) involves
 15 deception, surreptitious delivery, or third-party administration of a
 16 controlled substance by another person; and (C) the victim's consumption
 17 of the controlled substance was predicated upon, or a direct result of,
 18 the deception, surreptitious delivery, or third-party administration by

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05292-01-5

 A. 5144 2

 1 another person. For purposes of this subparagraph, an act of "deception"
 2 shall include, but not be limited to, a circumstance where a third-party
 3 sells, administers, delivers, or causes delivery of a mixture, compound,
 4 or combination of substances and does not disclose to the immediate next
 5 recipient the full and accurate listing of substances contained in such
 6 mixture, compound, or combination of substances.
 7 § 3. Subdivision 5 of section 621 of the executive law, as amended by
 8 chapter 189 of the laws of 2018, is amended to read as follows:
 9 5. "Victim" shall mean (a) a person who suffers personal physical
 10 injury as a direct result of a crime; (b) a person who is the victim of
 11 either the crime of (1) unlawful imprisonment in the first degree as
 12 defined in section 135.10 of the penal law, (2) kidnapping in the second
 13 degree a