Bill Text: NY A05144 | 2025-2026 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Bipartisan Bill
Status: (Introduced) 2025-02-12 - referred to governmental operations [A05144 Detail]
Download: New_York-2025-A05144-Introduced.html
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 hundred8twenty-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. LBD05292-01-5A. 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 as defined in section 135.20 of the penal law, (3) kidnapping in 14 the first degree as defined in section 135.25 of the penal law, (4) 15 menacing in the first degree as defined in section 120.13 of the penal 16 law, (5) criminal obstruction of breathing or blood circulation as 17 defined in section 121.11 of the penal law, (6) harassment in the second 18 degree as defined in section 240.26 of the penal law, (7) harassment in 19 the first degree as defined in section 240.25 of the penal law, (8) 20 aggravated harassment in the second degree as defined in subdivision 21 three or five of section 240.30 of the penal law, (9) aggravated harass- 22 ment in the first degree as defined in subdivision two of section 240.31 23 of the penal law, (10) criminal contempt in the first degree as defined 24 in subdivision (b) or subdivision (c) of section 215.51 of the penal 25 law, (11) stalking in the fourth, third, second or first degree as 26 defined in sections 120.45, 120.50, 120.55 and 120.60 of the penal law, 27 (12) labor trafficking as defined in section 135.35 of the penal law, 28 (13) sex trafficking as defined in section 230.34 of the penal law; or 29 (14) sex trafficking of a child as defined in section 230.34-a of the 30 penal law; a vulnerable elderly person or an incompetent or physically 31 disabled person as defined in section 260.31 of the penal law who incurs 32 a loss of savings as defined in subdivision twenty-four of this section; 33 or a person who has had a frivolous lawsuit filed against them; and (c) 34 a person who suffers death as a result of deception, surreptitious 35 delivery, or third-party administration of a controlled substance by 36 another person under circumstances articulated in subparagraph (iii) of 37 paragraph (e) of subdivision one of section six hundred thirty-two-a of 38 this article. 39 § 4. This act shall take effect immediately.
