Bill Text: NY S07659 | 2013-2014 | General Assembly | Introduced

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

Spectrum: Moderate Partisan Bill (Republican 21-3)

Status: (Engrossed - Dead) 2014-06-09 - referred to codes [S07659 Detail]

Download: New_York-2013-S07659-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7659
                                   I N  S E N A T E
                                     May 23, 2014
                                      ___________
       Introduced  by  Sens.  BOYLE,  BALL,  BONACIC, FELDER, GALLIVAN, GOLDEN,
         GRIFFO, HANNON, LANZA, LARKIN, LITTLE, MARCELLINO, MARCHIONE, MARTINS,
         MAZIARZ, NOZZOLIO, O'MARA, RITCHIE, ROBACH, SAVINO,  SEWARD,  VALESKY,
         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    S  2.  The  penal law is amended by adding two new sections 220.80 and
    8  220.85 to read as follows:
    9  S 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  S 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
   23  STATE OR FROM ONE COUNTY WITHIN THE STATE TO ANOTHER COUNTY  WITHIN  THE
   24  STATE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15346-01-4
       S. 7659                             2
    1    IT  SHALL  BE  A  DEFENSE  TO  THE  CRIME  OF  TRANSPORT  OF AN OPIATE
    2  CONTROLLED SUBSTANCE IN THE FIRST  DEGREE  THAT  THE  OPIATE  CONTROLLED
    3  SUBSTANCE  TRANSPORTED  WAS EXCLUSIVELY FOR THE DEFENDANT'S OWN PERSONAL
    4  USE. NOTHING CONTAINED IN THIS PARAGRAPH SHALL CONSTITUTE A DEFENSE TO A
    5  PROSECUTION  FOR,  OR  PRECLUDE  A CONVICTION OF, TRANSPORT OF AN OPIATE
    6  CONTROLLED SUBSTANCE IN THE SECOND DEGREE OR ANY OTHER CRIME.
    7    TRANSPORT OF AN OPIATE CONTROLLED SUBSTANCE IN THE FIRST DEGREE  IS  A
    8  CLASS B FELONY.
    9    S  3.  This  act shall take effect on the ninetieth day after it shall
   10  have become a law.