Bill Text: NY S00617 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Moderate Partisan Bill (Republican 16-2)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S00617 Detail]

Download: New_York-2019-S00617-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           617
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sens.  BOYLE, ADDABBO, AMEDORE, FELDER, FLANAGAN, FUNKE,
          GALLIVAN, GRIFFO, LANZA, LAVALLE, LITTLE, 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.
                                                                   LBD04387-01-9
        S. 617                              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.