New York Assembly Bill A00542 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 542 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. PHEFFER AMATO -- read once and referred to the Committee on Health AN ACT to amend the public health law and the penal law, in relation to fentanyl analogues The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3302 of the public health law is amended by adding 2 a new subdivision 42 to read as follows: 3 42. "Fentanyl analogue" (a) means any substance that is structurally 4 related to fentanyl by one or more of the following modifications: 5 (i) replacement of the phenyl portion of the phenethyl group by any 6 monocycle, whether or not further substituted in or on the monocycle; 7 (ii) substitution in or on the phenethyl group with alkyl, alkenyl, 8 alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro groups; 9 (iii) substitution in or on the piperidine ring with alkyl, alkenyl, 10 alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino or nitro groups; 11 (iv) replacement of the aniline ring with any aromatic monocycle 12 whether or not further substituted in or on the aromatic monocycle; 13 and/or 14 (v) replacement of the N-propionyl group by another acyl group. 15 (b) such term shall not include: 16 (i) fentanyl; 17 (ii) any substance for which there is an approved new drug application 18 by the Federal Food and Drug Administration (FDA); or 19 (iii) with respect to a particular person, any substance, if an 20 exemption is in effect for investigational use for that person, as 21 provided by 21 U.S.C. § 355, to the extent conduct with respect to the 22 substance is pursuant to such exemption. 23 § 2. Subdivision (b) of schedule I of section 3306 of the public 24 health law is amended by adding a new paragraph 93 to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02434-01-5 
 A. 542 2 1 (93) Any fentanyl analogue. 2 § 3. Section 220.00 of the penal law is amended by adding a new subdi- 3 vision 21 to read as follows: 4 21. "Knowingly" when used in connection with an offense involving the 5 possession or sale, or the attempt or conspiracy to possess or sell a 6 fentanyl analogue, shall not require knowledge by a person of the chemi- 7 cal structure of the substance. 8 § 4. This act shall take effect immediately.