Bill Text: NY S02123 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to penalties for the crimes relating to methamphetamine laboratory operations, including criminal possession of methamphetamine manufacturing materials and unlawful manufacture of methamphetamines.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-06-13 - referred to codes [S02123 Detail]
Download: New_York-2017-S02123-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2123 2017-2018 Regular Sessions IN SENATE January 12, 2017 ___________ Introduced by Sen. O'MARA -- 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 penalties for the crimes of criminal possession of methamphetamine manufacturing material and unlawful manufacture of methamphetamine The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 220.70 of the penal law, as added by chapter 394 of 2 the laws of 2005, is amended to read as follows: 3 § 220.70 Criminal possession of methamphetamine manufacturing material 4 in the second degree. 5 A person is guilty of criminal possession of methamphetamine manufac- 6 turing material in the second degree when he or she possesses a precur- 7 sor, a chemical reagent or a solvent with the intent to use or knowing 8 another intends to use such precursor, chemical reagent, or solvent to 9 unlawfully produce, prepare or manufacture methamphetamine. 10 Criminal possession of methamphetamine manufacturing material in the 11 second degree is a class [A misdemeanor] E felony. 12 § 2. Section 220.71 of the penal law, as added by chapter 394 of the 13 laws of 2005, is amended to read as follows: 14 § 220.71 Criminal possession of methamphetamine manufacturing material 15 in the first degree. 16 A person is guilty of criminal possession of methamphetamine manufac- 17 turing material in the first degree when he or she commits the offense 18 of criminal possession of methamphetamine manufacturing material in the 19 second degree, as defined in section 220.70 of this article, and has 20 previously been convicted within the preceding five years of criminal 21 possession of methamphetamine manufacturing material in the second 22 degree, as defined in section 220.70 of this article, or a violation of 23 this section. 24 Criminal possession of methamphetamine manufacturing material in the 25 first degree is a class [E] D felony. 26 § 3. Section 220.73 of the penal law, as added by chapter 394 of the 27 laws of 2005, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07057-01-7S. 2123 2 1 § 220.73 Unlawful manufacture of methamphetamine in the third degree. 2 A person is guilty of unlawful manufacture of methamphetamine in the 3 third degree when he or she possesses at the same time and location, 4 with intent to use, or knowing that another intends to use each such 5 product to unlawfully manufacture, prepare or produce methamphetamine: 6 1. Two or more items of laboratory equipment and two or more precur- 7 sors, chemical reagents or solvents in any combination; or 8 2. One item of laboratory equipment and three or more precursors, 9 chemical reagents or solvents in any combination; or 10 3. A precursor: 11 (a) mixed together with a chemical reagent or solvent; or 12 (b) with two or more chemical reagents and/or solvents mixed together. 13 Unlawful manufacture of methamphetamine in the third degree is a class 14 [D] C felony. 15 § 4. Section 220.74 of the penal law, as added by chapter 394 of the 16 laws of 2005, is amended to read as follows: 17 § 220.74 Unlawful manufacture of methamphetamine in the second degree. 18 A person is guilty of unlawful manufacture of methamphetamine in the 19 second degree when he or she: 20 1. Commits the offense of unlawful manufacture of methamphetamine in 21 the third degree as defined in section 220.73 of this article in the 22 presence of another person under the age of sixteen, provided, however, 23 that the actor is at least five years older than such other person under 24 the age of sixteen; or 25 2. Commits the crime of unlawful manufacture of methamphetamine in the 26 third degree as defined in section 220.73 of this article and has previ- 27 ously been convicted within the preceding five years of the offense of 28 criminal possession of precursors of methamphetamine as defined in 29 section 220.72 of this article, criminal possession of methamphetamine 30 manufacturing material in the first degree as defined in section 220.71 31 of this article, unlawful disposal of methamphetamine laboratory materi- 32 al as defined in section 220.76 of this article, unlawful manufacture of 33 methamphetamine in the third degree as defined in section 220.73 of this 34 article, unlawful manufacture of methamphetamine in the second degree as 35 defined in this section, or unlawful manufacture of methamphetamine in 36 the first degree as defined in section 220.75 of this article. 37 Unlawful manufacture of methamphetamine in the second degree is a 38 class [C] B felony. 39 § 5. Section 220.75 of the penal law, as added by chapter 394 of the 40 laws of 2005, is amended to read as follows: 41 § 220.75 Unlawful manufacture of methamphetamine in the first degree. 42 A person is guilty of unlawful manufacture of methamphetamine in the 43 first degree when such person commits the crime of unlawful manufacture 44 of methamphetamine in the second degree, as defined in subdivision one 45 of section 220.74 of this article, after having previously been 46 convicted within the preceding five years of unlawful manufacture of 47 methamphetamine in the third degree, as defined in section 220.73, 48 unlawful manufacture of methamphetamine in the second degree, as defined 49 in section 220.74 of this article, or unlawful manufacture of methamphe- 50 tamine in the first degree, as defined in this section. 51 Unlawful [manufacturer] manufacture of methamphetamine in the first 52 degree is a class [B] A-I felony. 53 § 6. This act shall take effect on the first of November next succeed- 54 ing the date on which it shall have become a law.
