New York A 3299: Includes exposing a first responder or correction officer to fentanyl, a fentanyl derivative or an opiate containing fentanyl or fentanyl derivative in the definition of the offense of assault in the first degree

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 Speaker Carl E. Heastie

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A03299 Summary:

BILL NOA03299 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORDurso

&nbsp

COSPNSRSempolinski, Molitor, Bologna, Hawley, Angelino, Manktelow, Blankenbush, McDonough, Jensen,
 DeStefano, Chang, Bailey, Brown K

&nbsp

MLTSPNSR

&nbsp

Amd §120.10, Pen L

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Includes exposing a first responder or correction officer to fentanyl, a fentanyl derivative or an opiate containing fentanyl or a fentanyl derivative in the definition of the offense of assault in the first degree.

Go to top A03299 Actions:

BILL NOA03299 

&nbsp

01/27/2025referred to codes

04/02/2025held for consideration in codes

01/07/2026referred to codes

Go to topA03299 Committee&nbspVotes:

Committee:CODES Chair:Dinowitz 
DATE:04/02/2025AYE/NAY:14/6 Action: Held for Consideration DinowitzAyeMorinelloNay

CookExcusedReillyNay

LavineAyeMikulinNay

WeprinAyeTannousisNay

HevesiAyeAngelinoNay

SeawrightExcusedMolitorNay

RosenthalAye

WalkerAye

VanelAye

CruzAye

EpsteinAye

BoresAye

ReyesAye

CunninghamAye

RomeroAye

AlvarezAye

Go to topA03299 Floor&nbspVotes:

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

Go to topA03299 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3299

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 27, 2025
 ___________

 Introduced by M. of A. DURSO -- read once and referred to the Committee
 on Codes

 AN ACT to amend the penal law, in relation to including exposing a first
 responder or correction officer to fentanyl, fentanyl derivatives or
 opiates containing fentanyl or fentanyl derivatives in the definition
 of the offense of assault in the first degree

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

 1 Section 1. Section 120.10 of the penal law, subdivision 4 as amended
 2 by chapter 791 of the laws of 1967 and the closing paragraph as amended
 3 by chapter 646 of the laws of 1996, is amended to read as follows:
 4 § 120.10 Assault in the first degree.
 5 A person is guilty of assault in the first degree when:
 6 1. With intent to cause serious physical injury to another person,
 7 [he] such person causes such injury to such person or to a third person
 8 by means of a deadly weapon or a dangerous instrument; or
 9 2. With intent to disfigure another person seriously and permanently,
 10 or to destroy, amputate or disable permanently a member or organ of
 11 [his] such other person's body, [he] such person causes such injury to
 12 such other person or to a third person; or
 13 3. Under circumstances evincing a depraved indifference to human life,
 14 [he] such person recklessly engages in conduct which creates a grave
 15 risk of death to another person, and thereby causes serious physical
 16 injury to another person; or
 17 4. In the course of and in furtherance of the commission or attempted
 18 commission of a felony or of immediate flight therefrom, [he] such
 19 person, or another participant if there be any, causes serious physical
 20 injury to a person other than one of the participants; or
 21 5. With intent to cause serious physical injury to a first responder
 22 as defined in section three thousand one of the public health law, or a
 23 correction officer, such person causes such injury to such first respon-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01124-01-5

 A. 3299 2

 1 der or correction officer by exposing such first responder or correction
 2 officer to fentanyl, a fentanyl derivative or an opiate containing
 3 fentanyl or a fentanyl derivative by any means, including, but not
 4 limited to, throwing or tossing at or injecting such first responder or
 5 correction officer with any such substance.
 6 Assault in the first degree is a class B felony.
 7 § 2. This act shall take effect on the first of November next succeed-
 8 ing the date upon which it shall have become a law and shall apply to
 9 offenses committed on or after such effective date. Effective immediate-
 10 ly the addition, amendment or repeal of any rule or regulation necessary
 11 for the implementation of this act on its effective date are authorized
 12 to be made and completed on or before such date.

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