Bill Text: NY A02310 | 2013-2014 | General Assembly | Introduced

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Bill Title: Increases the severity of larceny offenses when the property stolen is one or more controlled substances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A02310 Detail]

Download: New_York-2013-A02310-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2310
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 14, 2013
                                      ___________
       Introduced by M. of A. CRESPO -- read once and referred to the Committee
         on Codes
       AN  ACT  to  amend the penal law, in relation to the theft of controlled
         substances
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 155.00 of the penal law is amended by adding a new
    2  subdivision 10 to read as follows:
    3    10. "CONTROLLED SUBSTANCE" MEANS ANY SUBSTANCE LISTED IN  SCHEDULE  I,
    4  II,  III,  IV  OR  V  OF  SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC
    5  HEALTH LAW, OTHER THAN MARIHUANA AND CONCENTRATED CANNABIS.
    6    S 2. Paragraph (b) of subdivision 9, and subdivisions  10  and  11  of
    7  section  155.30  of  the  penal  law,  paragraph (b) of subdivision 9 as
    8  amended by chapter 479 of the laws of 2010, subdivision 10 as  added  by
    9  chapter  491  of the laws of 1992 and subdivision 11 as added by chapter
   10  394 of the laws of 2005, are amended and a new subdivision 12  is  added
   11  to read as follows:
   12    (b)  is  kept  for or used in connection with religious worship in any
   13  building, structure or upon the curtilage of such building or  structure
   14  used  as  a  place  of  religious worship by a religious corporation, as
   15  incorporated under the  religious  corporations  law  or  the  education
   16  law[.]; OR
   17    10. The property consists of an access device which the person intends
   18  to use unlawfully to obtain telephone service[.]; OR
   19    11.  The  property  consists of anhydrous ammonia or liquified ammonia
   20  gas and the actor intends to use, or knows  another  person  intends  to
   21  use,  such  anhydrous  ammonia  or  liquified ammonia gas to manufacture
   22  methamphetamine[.]; OR
   23    12. THE PROPERTY CONSISTS OF ONE OR MORE CONTROLLED SUBSTANCES.
   24    S 3. Section 155.35 of the penal law, as amended by chapter 464 of the
   25  laws of 2010, is amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04658-01-3
       A. 2310                             2
    1  S 155.35 Grand larceny in the third degree.
    2    A person is guilty of grand larceny in the third degree when he or she
    3  steals property and:
    4    1.  when  the value of the property exceeds three thousand dollars[,];
    5  or
    6    2. the property is an automated teller machine or the contents  of  an
    7  automated teller machine[.]; OR
    8    3. WHEN THE PROPERTY CONSISTS OF ONE OR MORE CONTROLLED SUBSTANCES AND
    9  THE RETAIL VALUE THEREOF EXCEEDS ONE THOUSAND DOLLARS.
   10    Grand larceny in the third degree is a class D felony.
   11    S  4.  Paragraph  (c)  of subdivision 2 of section 155.40 of the penal
   12  law, as amended by chapter 515 of the laws of 1986, is amended and a new
   13  subdivision 3 is added to read as follows:
   14    (c) use or abuse his OR HER position as a public servant  by  engaging
   15  in  conduct within or related to his OR HER official duties, or by fail-
   16  ing or refusing to perform an official duty, in such manner as to affect
   17  some person adversely[.]; OR
   18    3. THE PROPERTY CONSISTS OF ONE OR MORE CONTROLLED SUBSTANCES AND  THE
   19  RETAIL VALUE THEREOF EXCEEDS THREE THOUSAND DOLLARS.
   20    S  5.  Section 155.42 of the penal law, as added by chapter 515 of the
   21  laws of 1986, is amended to read as follows:
   22  S 155.42 Grand larceny in the first degree.
   23    A person is guilty of grand larceny in the first degree when he OR SHE
   24  steals property and when [the]:
   25    1. THE value of the property exceeds one million dollars; OR
   26    2. THE PROPERTY CONSISTS OF ONE OR MORE CONTROLLED SUBSTANCES AND  THE
   27  RETAIL VALUE THEREOF EXCEEDS FIFTY THOUSAND DOLLARS.
   28    Grand larceny in the first degree is a class B felony.
   29    S 6. This act shall take effect on the first of November next succeed-
   30  ing the date on which it shall have become a law.