Bill Text: NY S00607 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 607 (Prior Session Legislation)

Introduced

Bill Title: Relates to the transport of an opiate controlled substance.

Sponsorship: Moderate Partisan Bill (Republican 20-3)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S00607 Detail]

Download: New_York-2017-S00607-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                           607
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 4, 2017
                                       ___________
        Introduced  by  Sens.  BOYLE,  ADDABBO,  AKSHAR, AMEDORE, CROCI, FELDER,
          FLANAGAN, FUNKE, GALLIVAN, GOLDEN, GRIFFO,  HAMILTON,  LANZA,  LARKIN,
          LAVALLE,   LITTLE,   MARCHIONE,  MURPHY,  O'MARA,  ORTT,  RANZENHOFER,
          RITCHIE, SERINO, YOUNG -- read twice and  ordered  printed,  and  when
          printed to be committed to the Committee on Codes
        AN ACT to amend the penal law, in relation to the transport of an opiate
          controlled substance
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 220.00 of the penal law is amended by adding a  new
     2  subdivision 21 to read as follows:
     3    21. "Opiate controlled substance" means any substance listed in sched-
     4  ule  I,  II,  III,  IV  or  V of section thirty-three hundred six of the
     5  public health law that is classified as either an opiate or opium deriv-
     6  ative under such law.
     7    § 2. The penal law is amended by adding two new  sections  220.80  and
     8  220.85 to read as follows:
     9  § 220.80  Transport  of  an  opiate  controlled  substance in the second
    10             degree.
    11    A person is guilty of transport of an opiate controlled  substance  in
    12  the  second  degree  when  he  or  she  unlawfully  transports an opiate
    13  controlled substance any distance greater than  five  miles  within  the
    14  state  or  from one county within the state to another county within the
    15  state, for his or her own personal use.
    16    Transport of an opiate controlled substance in the second degree is  a
    17  class E felony.
    18  § 220.85 Transport  of  an  opiate  controlled  substance  in  the first
    19             degree.
    20    A person is guilty of transport of an opiate controlled  substance  in
    21  the  first  degree  when  he  or  she  unlawfully  transports  an opiate
    22  controlled substance any distance greater than  five  miles  within  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05395-01-7

        S. 607                              2
     1  state  or  from one county within the state to another county within the
     2  state.
     3    It  shall  be  a  defense  to  the  crime  of  transport  of an opiate
     4  controlled substance in the first  degree  that  the  opiate  controlled
     5  substance  transported  was exclusively for the defendant's own personal
     6  use. Nothing contained in this paragraph shall constitute a defense to a
     7  prosecution for, or preclude a conviction of,  transport  of  an  opiate
     8  controlled substance in the second degree or any other crime.
     9    Transport  of  an opiate controlled substance in the first degree is a
    10  class B felony.
    11    § 3. This act shall take effect on the ninetieth day  after  it  shall
    12  have become a law.