Bill Text: NY S03639 | 2013-2014 | 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: Bipartisan Bill

Status: (Engrossed - Dead) 2014-04-28 - referred to codes [S03639 Detail]

Download: New_York-2013-S03639-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3639
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 7, 2013
                                      ___________
       Introduced  by Sens. O'MARA, BALL, DeFRANCISCO -- 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  S 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    S  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  S 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    S  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.
                                                                  LBD08538-01-3
       S. 3639                             2
    1  S 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    S 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  S 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    S  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  S 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    S 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.
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