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A05592 Summary:

BILL NOA05592
 
SAME ASSAME AS S00695
 
SPONSORBrabenec
 
COSPNSRBendett, Angelino, Norris, Brook-Krasny, Slater, Brown K, Pirozzolo, Simpson, Novakhov
 
MLTSPNSR
 
Add §220.79, Pen L
 
Provides that criminal possession of fentanyl is a class E felony.
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A05592 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5592
 
SPONSOR: Brabenec
  PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to criminalize the unlawful possession of fentanyl or fentanyl analog.   SUMMARY OF PROVISIONS: The bill adds a new section 220.79 to the Penal Law to create the crime of criminal possession of fentanyl or fentanyl analog, which is commit- ted when a person traffics fentanyl, or any derivative thereof, by know- ingly or intentionally manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, dispense fentanyl or any derivate thereof. This crime is also committed by bringing into the state a net weight of more than 10 grams of fentanyl or any derivate thereof. This crime is a class E felony.   JUSTIFICATION: The Senate Heroin and Opioid Task Force has heard and news reports are almost daily highlighting that the abuse of fentanyl is continuing to get more and more lethal. Current law does nothing to allow police to prosecute and individual for this specific drug. The surge in deaths was so great that the Drug. Enforcement Administration (DEA) issued an alert warning noting the recent increase in heroin being laced with fentanyl. The DEA also noted that fentanyl can be lethal, even at low levels, and can be absorbed through the skin or accidentally inhaled. DEA Adminis- trator Michele U. Leonhart stated that when laced with heroin, fentanyl and fentanyl analogues are up to "100 times more powerful then morphine and 30-50 times more powerful than heroin." Law enforcement seizures of illegal drugs containing fentanyl more than tripled between 2013 and 2014. This bill will serve to deter the trafficking of fentanyl and to help the fight against the heroin epidemic.   PRIOR LEGISLATIVE HISTORY: 06/13/19 held for consideration in codes 01/08/20 referred to codes   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: Immediately.
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