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Bill

S 5448

Establishes certain offenses based on homicide due to criminal sale of a controlled substance and the criminal sale of a controlled substance to a child in the first degree

2025 Regular Session Introduced by Jake Ashby and 2 co-sponsors

Creates new offenses: homicide from selling a controlled substance, and selling a controlled substance to a child in the first degree.

REFERRED TO CODES
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Bill Summary · S 5448

Summary of S 5448

Overview

S 5448 is a New York Senate bill introduced on February 21, 2025, currently referred to the Codes Committee. The bill, authored with Leroy Comrie as the primary sponsor and Jake Ashby and Anthony H. Palumbo as cosponsors, proposes new offenses related to the criminal sale of controlled substances and homicide linked to such sales, including when a controlled substance is sold to a child in the first degree. A companion Assembly bill (A 6736) exists.

Purpose and Intent

  • Create legal accountability for sales of controlled substances that result in homicide.
  • Create an offense concerning the criminal sale of a controlled substance to a child in the first degree.
  • Align with public safety goals by targeting the most dangerous consequences of illegal drug distribution and protecting children from predatory drug activity.

Key Provisions (as described in the bill’s title and summary)

  • Establishes a criminal offense for homicide that occurs as a result of the criminal sale of a controlled substance.
  • Establishes a criminal offense for the criminal sale of a controlled substance to a child in the first degree.
  • Likely defines relevant terms (e.g., “controlled substance,” “homicide,” “child in the first degree”) and sets associated penalties, though exact language and penalties are not provided in the available information.
  • May specify jurisdiction, elements of proof, and relationships to existing drug- and homicide-related statutes.

Note: Specific statutory language, including elements, defenses, and sentencing ranges, is not included in the provided materials. The bill text would detail these aspects.

Who Would Be Affected

  • Individuals involved in the sale of controlled substances (potentially facing enhanced or new offenses).
  • Victims of these offenses and their families, including child victims in the first-degree sale-to-child provision.
  • Law enforcement, prosecutors, and courts responsible for charging, prosecuting, and adjudicating these offenses.
  • Entities and programs focused on drug prevention and child protection.

Procedural and Timeline Aspects

  • Introduced: February 21, 2025.
  • Status: Referred to Codes (the Senate Codes Committee), indicating the bill is in early committee stage.
  • No additional committee actions or floor dates are provided in the available information.

Related Legislation and Sponsors

  • Primary Sponsor: Leroy Comrie
  • Cosponsors: Jake Ashby; Anthony H. Palumbo
  • Related (prior-session) bills: S 7512, S 4313, S 6818, S 1017, S 4058
  • Assembly companion: A 6736 (noted as companion bills)

Next Steps to Watch

  • Action by the Senate Codes Committee (hearings, amendments, vote).
  • Comparable activity in the Assembly, especially the companion A 6736.
  • Any legislative analyses or fiscal notes that clarify penalties, definitions, and funding implications.

This summary highlights the bill’s core aims and potential impact based on the available information. For precise elements, penalties, and effective dates, the full bill text and committee memos should be consulted once released.

Compiled from official sources — confirm details with the bill’s official record.

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