Bill Text: NY S07908 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the designation of criminal sale of a prescription for a controlled substance or a controlled substance by a practitioner or pharmacist.
Spectrum: Moderate Partisan Bill (Republican 22-6)
Status: (Passed) 2014-06-23 - SIGNED CHAP.37 [S07908 Detail]
Download: New_York-2013-S07908-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 7908 A. 10157
S E N A T E - A S S E M B L Y
June 17, 2014
___________
IN SENATE -- Introduced by Sen. HANNON -- (at request of the Governor)
-- read twice and ordered printed, and when printed to be committed to
the Committee on Rules
IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M. of
A. Stirpe) -- (at request of the Governor) -- read once and referred
to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the desig-
nation of criminal sale of a prescription for a controlled substance
or a controlled substance by a practitioner or pharmacist; and to
amend the penal law, in relation to creating the offense of
prescription medication fraud and deceit and to criminalize the 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. Paragraph (c) of subdivision 8 of section 700.05 of the
2 criminal procedure law, as amended by section 11 of part AAA of chapter
3 56 of the laws of 2009, is amended to read as follows:
4 (c) Criminal possession of a controlled substance in the seventh
5 degree as defined in section 220.03 of the penal law, criminal
6 possession of a controlled substance in the fifth degree as defined in
7 section 220.06 of the penal law, criminal possession of a controlled
8 substance in the fourth degree as defined in section 220.09 of the penal
9 law, criminal possession of a controlled substance in the third degree
10 as defined in section 220.16 of the penal law, criminal possession of a
11 controlled substance in the second degree as defined in section 220.18
12 of the penal law, criminal possession of a controlled substance in the
13 first degree as defined in section 220.21 of the penal law, criminal
14 sale of a controlled substance in the fifth degree as defined in section
15 220.31 of the penal law, criminal sale of a controlled substance in the
16 fourth degree as defined in section 220.34 of the penal law, criminal
17 sale of a controlled substance in the third degree as defined in section
18 220.39 of the penal law, criminal sale of a controlled substance in the
19 second degree as defined in section 220.41 of the penal law, criminal
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12112-01-4
S. 7908 2 A. 10157
1 sale of a controlled substance in the first degree as defined in section
2 220.43 of the penal law, criminally possessing a hypodermic instrument
3 as defined in section 220.45 of the penal law, CRIMINAL SALE OF A
4 PRESCRIPTION FOR A CONTROLLED SUBSTANCE OR A CONTROLLED SUBSTANCE BY A
5 PRACTITIONER OR PHARMACIST AS DEFINED IN SECTION 220.65 OF THE PENAL
6 LAW, criminal possession of methamphetamine manufacturing material in
7 the second degree as defined in section 220.70 of the penal law, crimi-
8 nal possession of methamphetamine manufacturing material in the first
9 degree as defined in section 220.71 of the penal law, criminal
10 possession of precursors of methamphetamine as defined in section 220.72
11 of the penal law, unlawful manufacture of methamphetamine in the third
12 degree as defined in section 220.73 of the penal law, unlawful manufac-
13 ture of methamphetamine in the second degree as defined in section
14 220.74 of the penal law, unlawful manufacture of methamphetamine in the
15 first degree as defined in section 220.75 of the penal law, unlawful
16 disposal of methamphetamine laboratory material as defined in section
17 220.76 of the penal law, operating as a major trafficker as defined in
18 section 220.77 of the penal law, criminal possession of marihuana in the
19 first degree as defined in section 221.30 of the penal law, criminal
20 sale of marihuana in the first degree as defined in section 221.55 of
21 the penal law, promoting gambling in the second degree as defined in
22 section 225.05 of the penal law, promoting gambling in the first degree
23 as defined in section 225.10 of the penal law, possession of gambling
24 records in the second degree as defined in section 225.15 of the penal
25 law, possession of gambling records in the first degree as defined in
26 section 225.20 of the penal law, and possession of a gambling device as
27 defined in section 225.30 of the penal law;
28 S 2. Paragraph (a) of subdivision 1 of section 460.10 of the penal
29 law, as amended by section 16 of subpart A of part H of chapter 55 of
30 the laws of 2014, is amended to read as follows:
31 (a) Any of the felonies set forth in this chapter: sections 120.05,
32 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
33 ing to strangulation; sections 125.10 to 125.27 relating to homicide;
34 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
35 135.25 relating to kidnapping; section 135.35 relating to labor traf-
36 ficking; section 135.65 relating to coercion; sections 140.20, 140.25
37 and 140.30 relating to burglary; sections 145.05, 145.10 and 145.12
38 relating to criminal mischief; article one hundred fifty relating to
39 arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand
40 larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health
41 care fraud; article one hundred sixty relating to robbery; sections
42 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of
43 stolen property; sections 165.72 and 165.73 relating to trademark coun-
44 terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
45 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
46 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
47 176.30 relating to insurance fraud; sections 178.20 and 178.25 relating
48 to criminal diversion of prescription medications and prescriptions;
49 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
50 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
51 215.00, 215.05 and 215.19; sections 187.10, 187.15, 187.20 and 187.25
52 relating to residential mortgage fraud, sections 190.40 and 190.42
53 relating to criminal usury; section 190.65 relating to schemes to
54 defraud; any felony defined in article four hundred ninety-six; sections
55 205.60 and 205.65 relating to hindering prosecution; sections 210.10,
56 210.15, and 215.51 relating to perjury and contempt; section 215.40
S. 7908 3 A. 10157
1 relating to tampering with physical evidence; sections 220.06, 220.09,
2 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46,
3 220.55, 220.60, 220.65 and 220.77 relating to controlled substances;
4 sections 225.10 and 225.20 relating to gambling; sections 230.25,
5 230.30, and 230.32 relating to promoting prostitution; section 230.34
6 relating to sex trafficking; sections 235.06, 235.07, 235.21 and 235.22
7 relating to obscenity; sections 263.10 and 263.15 relating to promoting
8 a sexual performance by a child; sections 265.02, 265.03, 265.04,
9 265.11, 265.12, 265.13 and the provisions of section 265.10 which
10 constitute a felony relating to firearms and other dangerous weapons;
11 sections 265.14 and 265.16 relating to criminal sale of a firearm;
12 section 275.10, 275.20, 275.30, or 275.40 relating to unauthorized
13 recordings; and sections 470.05, 470.10, 470.15 and 470.20 relating to
14 money laundering; or
15 S 3. This act shall take effect immediately.
