Acting DA Keane Joins Suffolk County DA & Erie County Sheriff in Support of Bi-Partisan Legislation to Combat Opioid Overdose Crisis

Wednesday, July 17, 2024

BUFFALO - Today, Acting Erie County District Attorney Michael J. Keane was joined by Suffolk County District Attorney Raymond A. Tierney and Erie County Sheriff John C. Garcia to announce their support for bi-partisan legislation that would enhance the ability of state prosecutors to hold drug dealers criminally accountable for contributing to the synthetic opioid epidemic and overdose crisis impacting communities throughout New York State.

Earlier this year, District Attorney Ray Tierney announced his support for bills that would allow prosecutors to charge individuals who sell narcotics that result in a fatal overdose with manslaughter, add Xylazine to the list of controlled substances, and allow the families of fatal overdose victims to apply for crime victim assistance funds.

"Chelsey's Law" to Prosecute Dealers in Fatal Overdoses (Assembly Bill A08384and Senate Bill S07790)

• The proposed legislation, formerly referred to as the "Death by Dealer" statute, would be renamed in honor of Chelsey Murray, a 31-year-old Suffolk County resident who fatally overdosed in August 2022 from fentanyl traced back to her alleged supplier.
• Under the proposed legislation, a person commits the crime of manslaughter or aggravated manslaughter when he or she knows, or has reasonable grounds to know, that a controlled substance is likely to cause the death of another person and sells, administers, delivers, or causes the delivery of a controlled substance to another person and such substance causes, contributes to, or aids in the death of such other person.
• Under the current law, a person who sells or provides an illicit drug resulting in an overdose death may be charged with a Criminal Sale of a Controlled Substance charge depending on the facts and circumstances of the case.

Designate Xylazine as a Controlled Substance (Assembly Bill A08395and Senate Bill S07763)

• The proposed legislation would add the synthetic drug Xylazine to a depressant designated as a controlled substance. The legislation would require Xylazine, commonly used as a tranquilizer for large animals, be only administered and/or prescribed for cattle or other nonhuman species as approved by the Food and Drug Administration. Currently, the sale and possession of Xylazine is not restricted or illegal in New York State.
• Xylazine, commonly known by the street name "Tranq," is used by drug dealers as a highly addictive cutting agent, which is added to other illicit substances such as fentanyl and heroin. Due to its high depressant effect on the central nervous system, Xylazine can cause increased withdrawal symptoms, skin sores, necrosis, and death.

Allow Families of Fatal Overdose Victims Access to Crime Victim Assistance Funds (Assembly Bill A08397and Senate Bill S07805)

• The proposed legislation amends the current Executive Law to allow the families of loved ones who have died from an overdose to apply for financial compensation through the New York State Office of Victims Services (OVS) crime victim assistance funding. This legislation would expand OVS eligibility to any fatal overdose that resulted from a drug sale categorized as reckless or criminally negligent.
• Currently, the families of homicide victims and surviving victims of crimes that occur in New York State may be eligible to be reimbursed for certain crime-related expenses such as medical bills, counseling, funeral expenses, relocation costs, or loss of earnings.

In 2023, Erie County experienced the highest number of overdose deaths with the majority of fatalities being related to fentanyl mixed with cocaine, according to the Erie County Department of Health. The Department of Health confirmed that a total of 447 people died from an opioid-related overdose last year, which surpassed the previous height of 324 overdose deaths in 2016. The number of fatal and non-fatal overdoses continues to rise. As of June, there have been 107 confirmed opiate-related overdose deaths with another 89 probable opiate-related deaths in Erie County in 2024.

"The increased prevalence of fentanyl and other synthetic opioids in illicit drugs has cut countless lives short, devastated families and increased crime in our communities. To prevent further tragedies, we must aggressively prosecute the people who profit from peddling this poison and disrupt the supply of these illicit drugs. I want to thank District Attorney Ray Tierney for spearheading this call to action. We need common sense drug laws in New York State to allow us to better prosecute the dealers and curb the opioid overdose crisis while helping the families of the victims, safeguarding our neighborhoods from drug trafficking and save lives," said Acting Erie County District Attorney Mike Keane.

"These bills represent a crucial step forward in our fight against the epidemic of deaths from fentanyl poisoning. By holding dealers accountable for overdose deaths, regulating dangerous substances like Xylazine, and expanding support for victims, we send a clear message that New York will not tolerate those who profit from addiction and death. These measures give us stronger tools to protect our communities and support those affected by the devastating impact of drug trafficking and substance abuse. They reflect our commitment to both justice and compassion in addressing the complex challenges of drug-related crimes, overdose deaths and the ripple effects on victims and their families," said Suffolk County District Attorney Raymond A. Tierney.

"Synthetic opioids such as Fentanyl, Xylazine and Medetomidine are having a catastrophic impact on our communities. The effects of these drugs not only impact us locally but devastate the entire nation. Just 2 milligrams of fentanyl can be potentially lethal. Evidence suggests all three of these drugs are routinely being utilized by dealers to increase profit. Unless changes are made to current legislation, the death toll will continue to rise. The time for common-sense legislation and laws that hold these criminals accountable for their actions, is now," said Erie County Sheriff John C. Garcia.

As a member of the Erie County Opiate Epidemic Task Force, the District Attorney's Office is committed to helping find solutions to reduce overdose deaths in our community, increasing public awareness about the dangers of opiates and fentanyl-laced drugs and promoting resources available to anyone struggling with substance use disorder. Help is available through the 24-Hour Addiction Hotline (716-831-7007). Counselors can provide immediate support, information and referrals for individuals struggling with substance use disorder and their families. For more information, visit the Erie County Department of Health website.