Senate bill · S10391 (2025-26)
Relates to criminal possession of a controlled substance in the third degree
New York State Senate
Same as A11190, the matching bill in the Assembly.
Summary
Adds to the crime of criminal possession of a controlled substance in the third degree the possession, within any facility owned or operated by the state or upon school grounds, of any controlled substance or hazardous substance which has the potential to cause significant injury or death, with the intent to sell or distribute such substance.
Summary from NY Open Legislation. How we handle summaries
Amends the Penal Law.
From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 21, 2026. About our data
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Purpose, from the sponsor's memo
To expand criminal liability for the possession of harmful substances with intent to distribute in publicly operated facilities or on school grounds.
Filed with the bill. Read it on nysenate.gov (opens in a new tab)
Where it stands
Assigned to a committee for review.
- Introduced
- In committee
- Up for a vote
- Passed one chamber
- Passed
- Enacted
Committee
Codes · New York State Assembly
Also referred to Codes · New York State Senate.
The sponsor's argument
Why Monica Martinez says this is needed
Publicly operated facilities and schools are uniquely sensitive settings where large numbers of individuals are in close proximity to each other and where the introduction of harmful substances can result in rapid and widespread exposure. A single individual, possessing and seeking to distribute such harmful substances, has the potential to cause signif- icant harm to those around them. Existing laws do not adequately account for enhanced accountability when such conduct occurs, particularly when the substance falls outside of traditional controlled substance classi- fications. Once exposed, controlled or hazardous substances can lead to significant injury, particularly when individuals are unaware of the presence of such substances. Particles can become airborne or exposure can occur through handling materials that were coated or soaked in these substances, which can then easily be absorbed when an individual touches their eyes, mouth, or nose. Individuals exposed to these materials may have adverse reactions, become hospitalized, and even die as a result. This legislation would ensure that any individual who brings such harm- ful substances into a publicly operated facility or onto the property of a school, and intends to sell or otherwise distribute it, would be able to be charged under criminal possession of a controlled substance in the third degree.
This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.
Full history
- May 15, 2026
Referred to committee
REFERRED TO CODES
NY Senate
- May 1, 2026
Referred to committee
REFERRED TO CODES
NY Assembly