Bill Text: NY S06066 | 2011-2012 | General Assembly | Introduced

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Bill Title: Establishes the class B felony of criminal sale of a controlled substance by a practitioner or pharmacist.

Sponsorship: Strong Partisan Bill (Republican 15-1)

Status: (Engrossed - Dead) 2012-02-13 - referred to codes [S06066 Detail]

Download: New_York-2011-S06066-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6066
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 4, 2012
                                      ___________
       Introduced  by  Sens.  HANNON, SALAND, DeFRANCISCO, FUSCHILLO, GALLIVAN,
         JOHNSON, LAVALLE, RANZENHOFER -- 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 establishing the class B
         felony of criminal sale of a controlled substance by a practitioner or
         pharmacist
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding a new section 220.66 to
    2  read as follows:
    3  S 220.66 CRIMINAL SALE OF A CONTROLLED SUBSTANCE BY  A  PRACTITIONER  OR
    4             PHARMACIST.
    5    A  PERSON  IS  GUILTY  OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE BY A
    6  PRACTITIONER OR PHARMACIST WHEN, BEING A PRACTITIONER OR PHARMACIST,  AS
    7  THOSE  TERMS  ARE  DEFINED  IN  SECTION  THIRTY-THREE HUNDRED TWO OF THE
    8  PUBLIC HEALTH LAW, OR A PHARMACY INTERN ACTING IN  CONFORMITY  WITH  THE
    9  PROVISIONS  OF  SECTION SIXTY-EIGHT HUNDRED SIX OF THE EDUCATION LAW AND
   10  ANY REGULATIONS ADOPTED PURSUANT THERETO IN A REGISTERED PHARMACY, HE OR
   11  SHE KNOWINGLY AND UNLAWFULLY  SELLS  A  CONTROLLED  SUBSTANCE.  FOR  THE
   12  PURPOSES  OF  THIS SECTION, A PERSON SELLS A CONTROLLED SUBSTANCE UNLAW-
   13  FULLY WHEN HE OR SHE DOES SO OTHER THAN IN GOOD FAITH IN THE  COURSE  OF
   14  HIS OR HER PROFESSIONAL PRACTICE.
   15    CRIMINAL  SALE  OF A CONTROLLED SUBSTANCE BY A PRACTITIONER OR PHARMA-
   16  CIST IS A CLASS B FELONY.
   17    S 2. This act shall take effect on the first of November next succeed-
   18  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13710-02-2