S 4677: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 4677 2025-2026 Regular Sessions  IN SENATE February 11, 2025 ___________ Introduced by Sens. MURRAY, CANZONERI-FITZPATRICK, MARTINS, MATTERA, PALUMBO, RHOADS, WEBER, WEIK -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction 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 hundred 8 twenty-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 19 another person. For purposes of this subparagraph, an act of "deception" 20 shall include, but not be limited to, a circumstance where a third-party 21 sells, administers, delivers, or causes delivery of a mixture, compound, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05292-01-5 
 S. 4677 2 1 or combination of substances and does not disclose to the immediate next 2 recipient the full and accurate listing of substances contained in such 3 mixture, compound, or combination of substances. 4 § 3. Subdivision 5 of section 621 of the executive law, as amended by 5 chapter 189 of the laws of 2018, is amended to read as follows: 6 5. "Victim" shall mean (a) a person who suffers personal physical 7 injury as a direct result of a crime; (b) a person who is the victim of 8 either the crime of (1) unlawful imprisonment in the first degree as 9 defined in section 135.10 of the penal law, (2) kidnapping in the second 10 degree as defined in section 135.20 of the penal law, (3) kidnapping in 11 the first degree as defined in section 135.25 of the penal law, (4) 12 menacing in the first degree as defined in section 120.13 of the penal 13 law, (5) criminal obstruction of breathing or blood circulation as 14 defined in section 121.11 of the penal law, (6) harassment in the second 15 degree as defined in section 240.26 of the penal law, (7) harassment in 16 the first degree as defined in section 240.25 of the penal law, (8) 17 aggravated harassment in the second degree as defined in subdivision 18 three or five of section 240.30 of the penal law, (9) aggravated harass- 19 ment in the first degree as defined in subdivision two of section 240.31 20 of the penal law, (10) criminal contempt in the first degree as defined 21 in subdivision (b) or subdivision (c) of section 215.51 of the penal 22 law, (11) stalking in the fourth, third, second or first degree as 23 defined in sections 120.45, 120.50, 120.55 and 120.60 of the penal law, 24 (12) labor trafficking as defined in section 135.35 of the penal law, 25 (13) sex trafficking as defined in section 230.34 of the penal law; or 26 (14) sex trafficking of a child as defined in section 230.34-a of the 27 penal law; a vulnerable elderly person or an incompetent or physically 28 disabled person as defined in section 260.31 of the penal law who incurs 29 a loss of savings as defined in subdivision twenty-four of this section; 30 or a person who has had a frivolous lawsuit filed against them; and (c) 31 a person who suffers death as a result of deception, surreptitious 32 delivery, or third-party administration of a controlled substance by 33 another person under circumstances articulated in subparagraph (iii) of 34 paragraph (e) of subdivision one of section six hundred thirty-two-a of 35 this article. 36 § 4. This act shall take effect immediately.