Bill Text: NY S02940 | 2013-2014 | General Assembly | Introduced

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Bill Title: Includes within the class D felony of grand larceny in the fourth degree, the theft of a blank official New York state prescription form; includes within the class D felony of criminal possession of stolen property in the fourth degree, the possession of a stolen blank official New York state prescription form; establishes the class A misdemeanor of criminal possession of a prescription form, for the unlawful possession of a blank official New York state prescription form.

Spectrum: Moderate Partisan Bill (Republican 25-4)

Status: (Engrossed - Dead) 2014-06-09 - referred to codes [S02940 Detail]

Download: New_York-2013-S02940-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2940
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 25, 2013
                                      ___________
       Introduced  by  Sens.  HANNON,  DeFRANCISCO,  LAVALLE,  LITTLE, MARTINS,
         MAZIARZ, RANZENHOFER, ZELDIN -- 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 theft and unlawful
         possession of a blank official New York state prescription form
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivisions  9, 10 and 11 of section 155.30 of the penal
    2  law, subdivision 9 as amended by chapter 479 of the laws of 2010, subdi-
    3  vision 10 as added by chapter 491 of the laws of 1992 and subdivision 11
    4  as added by chapter 394 of the laws of  2005,  are  amended  and  a  new
    5  subdivision 12 is added to read as follows:
    6    9. The property consists of a scroll, religious vestment, a vessel, an
    7  item  comprising  a display of religious symbols which forms a represen-
    8  tative expression of faith, or  other  miscellaneous  item  of  property
    9  which:
   10    (a) has a value of at least one hundred dollars; and
   11    (b)  is  kept  for or used in connection with religious worship in any
   12  building, structure or upon the curtilage of such building or  structure
   13  used  as  a  place  of  religious worship by a religious corporation, as
   14  incorporated under the  religious  corporations  law  or  the  education
   15  law[.]; OR
   16    10. The property consists of an access device which the person intends
   17  to use unlawfully to obtain telephone service[.]; OR
   18    11.  The  property  consists of anhydrous ammonia or liquified ammonia
   19  gas and the actor intends to use, or knows  another  person  intends  to
   20  use,  such  anhydrous  ammonia  or  liquified ammonia gas to manufacture
   21  methamphetamine[.]; OR
   22    12.  THE  PROPERTY  CONSISTS  OF  A  BLANK  OFFICIAL  NEW  YORK  STATE
   23  PRESCRIPTION FORM, AS SET FORTH IN SECTION TWO HUNDRED EIGHTY-ONE OF THE
   24  PUBLIC HEALTH LAW.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02571-01-3
       S. 2940                             2
    1    S 2. Subdivisions 6 and 7 of section 165.45 of the penal law, subdivi-
    2  sion  6 as added by chapter 450 of the laws of 1990 and subdivision 7 as
    3  added by chapter 394 of the laws of 2005, are amended and a new subdivi-
    4  sion 8 is added to read as follows:
    5    6.  The  property  consists of a scroll, religious vestment, vessel or
    6  other item of property having a value of at least  one  hundred  dollars
    7  kept for or used in connection with religious worship in any building or
    8  structure  used  as  a  place of religious worship by a religious corpo-
    9  ration, as incorporated under the  religious  corporations  law  or  the
   10  education law[.]; OR
   11    7. The property consists of anhydrous ammonia or liquified ammonia gas
   12  and  the  actor  intends to use, or knows another person intends to use,
   13  such anhydrous ammonia or liquified ammonia  gas  to  manufacture  meth-
   14  amphetamine[.]; OR
   15    8.   THE  PROPERTY  CONSISTS  OF  A  BLANK  OFFICIAL  NEW  YORK  STATE
   16  PRESCRIPTION FORM, AS SET FORTH IN SECTION TWO HUNDRED EIGHTY-ONE OF THE
   17  PUBLIC HEALTH LAW.
   18    S 3. The penal law is amended by adding a new section 220.67  to  read
   19  as follows:
   20  S 220.67 CRIMINAL POSSESSION OF A PRESCRIPTION FORM.
   21    A  PERSON IS GUILTY OF CRIMINAL POSSESSION OF A PRESCRIPTION FORM WHEN
   22  SUCH  PERSON  KNOWINGLY  POSSESSES  A  BLANK  OFFICIAL  NEW  YORK  STATE
   23  PRESCRIPTION FORM, AS SET FORTH IN SECTION TWO HUNDRED EIGHTY-ONE OF THE
   24  PUBLIC HEALTH LAW, UNLESS:
   25    (A) SUCH PERSON IS LEGALLY AUTHORIZED, ACCORDING TO THE LAWS AND REGU-
   26  LATIONS OF NEW YORK STATE, TO POSSESS SUCH PRESCRIPTION FORM; OR
   27    (B)  SUCH  PERSON  IS  AN  EMPLOYEE  OF A PERSON LEGALLY AUTHORIZED TO
   28  POSSESS SUCH PRESCRIPTION FORM, ACCORDING TO THE LAWS AND REGULATIONS OF
   29  NEW YORK STATE, AND POSSESSES SUCH PRESCRIPTION FORM DURING  THE  COURSE
   30  AND SCOPE OF SUCH PERSON'S EMPLOYMENT.
   31    CRIMINAL POSSESSION OF A PRESCRIPTION FORM IS A CLASS A MISDEMEANOR.
   32    S 4. This act shall take effect on the first of November next succeed-
   33  ing the date upon which it shall have become a law.