New Senate Bill Cracks Down On Drug Dealers Who Target Playgrounds: LaValle

New York State Senator Ken LaValle announced recently that the Senate has approved two drug prevention bills he co-sponsored that aim to fight the insidious and escalating spread of heroin and opioid use in New York.

The measures, he said, strengthen enforcement against major drug traffickers and those who sell drugs in parks and playgrounds.

“Fighting the war against heroin remains my priority. We need to provide the necessary tools for the enforcement community to keep the dealers away from our children, off the street and out of our communities," LaValle said. "Under current law, major drug traffickers are able to avoid prosecution for their role in infecting our communities with the menace of heroin. The measures will help to protect the safety of children and their families by providing enhanced penalties for the sale of controlled substances on parks and playgrounds.”

The first measure, S301, he said, strengthens existing laws to "increase successful prosecutions of major drug traffickers in New York."

To that end, the measure would change the number of persons needing to be involved and charged as part of a drug organization from four to three; lower the minimum required proceeds from the sale of controlled substances during a 12-month period from $75,000 to $25,000 to reflect the low street prices of heroin; and increasing law enforcement’s ability to charge lower-level participants in drug trafficking.

The Senate also approved legislation that aims to protect children in parks and playgrounds from drug dealers, LaValle said.

The legislation, S814A, expands upon current New York State law, which includes increased penalties for people who sell drugs on school grounds or daycare centers, to include parks and playgrounds that may not be attached to schools. The measure would help law enforcement prosecute drug dealers who use parks and playgrounds in an effort to target children, he said.

Both measures were among the recommendations from a report released last year by the Senate’s Joint Task Force on Heroin and Opioid Addiction, of which LaValle is a member.

That report, he said, detailed measures to provide greater resources to law enforcement to aid in combating the crisis, as well as improve prevention efforts, increase access to treatment, and expand recovery options.

Both pieces of legislation have been transferred to the New York State Assembly for consideration.

Prevention experts, parents say more is needed

While they laud LaValle's efforts, prevention experts and parents say more needs to be done to stem the burgeoning tide that's stealing a generation.

"As we continue to struggle under the weight of the heroin and opioid crisis, increasing the penalties for major drug traffickers and those who would sell drugs to kids is important, but even law enforcement understands that we can't arrest our way out of this problem," said Dr. Jeffrey Reynolds, president and chief executive officer of the Family and Children's Association in Mineola.

"That's why, in addition to addressing the supply side of the equation, we should be taking equally aggressive steps to reduce the demand for drugs. That means funding for prevention, treatment and recovery and as lawmakers wrap up budget talks in the next couple weeks, I hope monies for these programs will rise to the top of the list of priorities, both in the Senate and Assembly," he said.

Heartbroken Rocky Point mother Tracey Budd, who lost her son Kevin to a heroin overdose, is dedicated to raising awareness so no other parent has to face the unimaginable despair her family has endured.

Speaking out on LaValle's efforts, she said, "Honestly, if it deters them from doing it near schools then that would be great but they will just do it somewhere near the school, instead. I know a Brookhaven Town park was an area in Miller Place that was used — at the handball courts attached to the playground."

To that ends, she feels the legislation would need to be addressed on not only state, but town and county levels, as well. "I am in favor of stronger penalties regardless but I fear they will just sell them nearby," she said.

She also feels stronger penalties should be imposed on those using drugs in those places, too.

In June, as the heroin crisis continues to grip the nation, a new report revealed grim news: Overdoses related to heroin and opioids rose faster in New York State than in other areas in 2014.

The statistics were found in a report, "Prescription Opioid Abuse and Heroin Addiction in New York State," issued by New York State Comptroller Thomas P. DiNapoli.

Overdose death rates in New York increased faster over the preceding decade than in nearly every other state for which data was available, the report said.