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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3299
SPONSOR: Durso TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
To establish that exposing a first responder or correction officer to
fentanyl, fentanyl derivatives or opiates containing fentanyl or fenta-
nyl derivatives, by any means, including, but not limited to throwing or
tossing at or injecting with intent to cause serious injury, is the
crime of assault in the first degree, a class B felony.
SUMMARY OF PROVISIONS:
Section 1. Section 120.10 of the penal law, subdivision 4 as amended by
chapter 791 of the laws of 1967 and the closing paragraph as amended by
chapter 646 of the laws of 1996, is amended to read as follows:
§ 120.10 Assault in the first degree. A person is guilty of assault in
the first degree when:
1. With intent to cause serious physical injury to another person, he or
she causes such injury to such person or to a third person by means of a
deadly weapon or a dangerous instrument; or
2. With intent to disfigure another person seriously and permanently, or
to destroy, amputate or disable permanently a member or organ of his or
her body, he or she causes such injury to such person or to a third
person; or
3. Under circumstances evincing a depraved indifference to human life,
he or she recklessly engages in conduct which creates a grave risk of
death to another person, and thereby causes serious physical injury to
another person; or
4. During and in furtherance of the commission or attempted commission
of a felony or of immediate flight therefrom, he or she, or another
participant if there be any, causes serious physical injury to a person
other than one of the participants; or
5. With intent to cause serious physical injury to a first responder as
defined in section three thousand one of the public health law, or a
correction officer, he or she causes such injury to such first responder
or correction officer by exposing such first responder or correction
officer to fentanyl, a fentanyl derivative or an opiate containing
fentanyl or a fentanyl derivative by any means, including, but not
limited to, throwing or tossing at or injecting such first responder or
correction officer with any such substance.
Assault in the first degree is a class 8 felony.
JUSTIFICATION:
According to the DEA, exposure to fentanyl can pose serious dangers for
first responders. Fentanyl is up to 50 times more potent than heroin and
100 times more potent than morphine. As of December 2022, the DEA has
identified at least 38 deadly fentanyl-related compounds. This drug and
its compounds can be absorbed through the skin, inhaled through airborne
powder, or absorbed through the skin or eyes. There have been numerous
reports of a first responder being exposed to fentanyl and its deriva-
tives during routine law enforcement, emergency or lifesaving activities
where Naloxone (Narcan) had to been administered to the first responder
to prevent an overdose or death. In January 2023, the Correction Offi-
cers' Benevolent Association reported that a New York City female
correction officer was administered Narcan after being exposed to an
inmates fentanyl-laced mail; despite wearing multiple layers of gloves.
First responders and corrections officers, in the course of their
duties, are at grave risk through exposure to this deadly toxin, even in
small amounts. According to the DEA, law enforcement officers who are
exposed to fentanyl can experience serious negative health effects,
respiratory depression, and death. Th is bill makes it a B felony when a
first responder or correction officer is intentionally exposed to this
deadly substance.
PRIOR LEGISLATIVE HISTORY:
2024: A4085 Referred to Codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date upon which it shall have become a law and shall apply to offenses
committed on or after such effective date. Effective immediately the
addition, amendment or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized to
be made and completed on or before such date.
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.
