Felony created for drug-related deaths

Summary#

S-10686 would amend New York’s Penal Law by adding the crime of criminal sale of a controlled substance resulting in death. Its stated purpose is to establish that crime as a class A-1 felony. The bill is at the introduced stage and has not become law.

  • The crime would apply when a person violates Article 33 of the Public Health Law by selling, exchanging, giving, disposing of or supplying a victim with a controlled substance in schedules I through V, and the victim dies because of using it.
  • The bill makes that offense a class A-1 felony; it does not set out a sentence.
  • If enacted, it would take effect on the 30th day after becoming law. It authorizes necessary rule changes by that date but does not require that any be made.
  • The supplied materials do not include the Public Health Law or the rest of the Penal Law. I could not verify how this proposed offense would interact with current law.

What it means for you#

  • People who supply controlled substances: If the bill became law, the listed conduct could lead to this new felony charge when the required connection to a victim’s death is established. The conduct is broader than a sale: it also includes exchanging, giving, disposing of or supplying a substance.
  • People who use controlled substances and the general public: The bill does not create a new offense for drug use itself or set up a new service. Its proposed crime concerns supplying a substance and a victim dying from its use.
  • People involved in a case: The bill does not spell out a process for deciding whether a substance caused a death, or what mental state (such as intent or knowledge) must be proved for the death-result element.

Money#

No cost information is in the available material.

  • The bill does not provide an appropriation or a cost estimate. Any added costs for investigation, prosecution or incarceration are unknown.
  • It authorizes necessary rule changes but does not say that rules must be changed or give a cost for doing so.

What is unclear#

  • The bill does not specify the required intent or knowledge for the death-result element, or the standard for proving that the substance caused the death.
  • It does not state how the new charge would interact with existing crimes or what other charges could apply.
  • The supplied materials do not include current law, so the existing rules and penalties that may apply to the conduct cannot be checked here.
  • The bill does not define “victim” in this new section or explain how the listed forms of supplying a substance would be treated in particular circumstances.
  • Passage is uncertain, and the bill does not take effect unless it becomes law.

Case for#

  • A possible argument for the bill is that it would create a specific felony for supplying a controlled substance when its use causes someone’s death.
  • The bill covers several ways of supplying a substance, not just a sale. That could address cases where the substance was given or supplied without a sale.
  • Naming the offense and its felony class could make the legal consequence clearer, though the bill does not state what effect that would have in practice.

Case against#

  • One concern is that the bill does not explain the mental state required for the death-result element or how causation must be proved. Those details could matter greatly in applying the new offense.
  • The bill covers giving, exchanging, disposing of or supplying a substance as well as selling it. The boundaries of those terms are not explained in the bill.
  • The bill does not specify how this offense would fit with existing crimes, penalties or case procedures.
  • The felony classification is stated, but the bill itself gives no sentence or cost estimate.