Bill Text: NY A04825 | 2015-2016 | General Assembly | Introduced

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Bill Title: Establishes the crime of larceny of a controlled substance making it an A-II felony to steal a schedule II, III, IV, or V controlled substance from a pharmacy.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A04825 Detail]

Download: New_York-2015-A04825-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4825
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 6, 2015
                                      ___________
       Introduced  by  M. of A. CUSICK, MILLER -- read once and referred to the
         Committee on Codes
       AN ACT to amend the penal law, in relation to establishing the crime  of
         larceny of a controlled substance
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is amended by adding a new section 220.80  to
    2  read as follows:
    3  S 220.80 LARCENY OF A CONTROLLED SUBSTANCE.
    4    A PERSON IS GUILTY OF LARCENY OF A CONTROLLED SUBSTANCE WHEN HE OR SHE
    5  COMMITS THE CRIME OF LARCENY AND THE STOLEN PROPERTY INCLUDES A SCHEDULE
    6  II,  III, IV, OR V CONTROLLED SUBSTANCE STOLEN FROM A PHARMACY.  FOR THE
    7  PURPOSES OF THIS SECTION:
    8    1. "LARCENY" HAS THE SAME MEANING AS DEFINED IN SECTION 155.05 OF THIS
    9  PART.
   10    2. "PHARMACY" MEANS ANY PLACE IN WHICH DRUGS, PRESCRIPTIONS OR POISONS
   11  ARE POSSESSED FOR THE PURPOSE OF COMPOUNDING, PRESERVING, DISPENSING  OR
   12  RETAILING,  OR  IN WHICH DRUGS, PRESCRIPTIONS OR POISONS ARE COMPOUNDED,
   13  PRESERVED, DISPENSED OR RETAILED, OR IN WHICH SUCH DRUGS,  PRESCRIPTIONS
   14  OR POISONS ARE BY ADVERTISING OR OTHERWISE OFFERED FOR SALE AT RETAIL.
   15    3.  "SCHEDULE  II,  III,  IV,  OR  V  CONTROLLED  SUBSTANCE" MEANS ANY
   16  SUBSTANCE LISTED IN SCHEDULES II, III, IV, AND V OF SECTION THIRTY-THREE
   17  HUNDRED SIX OF THE PUBLIC HEALTH LAW.
   18    LARCENY OF A CONTROLLED SUBSTANCE IS A CLASS A-II FELONY.
   19    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01535-01-5