Amd §§178.10, 178.15, 178.20, 178.25 & 220.65, Pen L
Increases penalties for the crimes of criminal diversion of prescription medications and prescriptions in the first, second, third and fourth degrees and criminal sale of a prescription.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1059
SPONSOR: Mikulin TITLE OF BILL:
An act to amend the penal law, in relation to increasing penalties for
the crimes of criminal diversion of prescription medications and
prescriptions in the first, second, third and fourth degrees and crimi-
nal sale of a prescription
PURPOSE OR GENERAL IDEA OF BILL:
To deter the theft and subsequent illegal sale of prescriptions and
prescription medications.
SUMMARY OF PROVISIONS:
Section one increase the penalty for criminal diversion of prescription
medications In the fourth degree from a class A misdemeansr to a class E
felony.
Section two increases the penalty for criminal diversion of prescription
medications in the third degree from a class E felony to a class D felo-
ny.
Section three increases the penalty for criminal diversion of
prescription medications In the second degree from a class D felony to a
class C felony.
Section four increases the penalty for criminal diversion of
prescription medications in the first degree from a class C felony to a
class B felony.
Section five increases the penalty for criminal sale of a prescription
from a class C to a class B felony.
Section six sets the effective date as the first of November next
succeeding the date, on which it shall have become a law.
JUSTIFICATION:
According to the State Department of Health as many as 1.4 million blank
prescription forms have been stolen from New York City hospitals since
2008 and are being sold by criminal gangs to drug users or prescriptions
pain killers. Once obtained, blank prescription forms can be forged and
used to obtain highly addictive prescription medications such as oxyco-
done, which has led to overdoses in some cases.
Current law requires Hospitals to have safeguards in place to protect
against the theft of printable prescription forms. This bill will deter
those responsible for the theft and. sale of prescriptions forms by
increasing the penalties for a crime that is increasingly problematic.
PRIOR LEGISLATIVE HISTORY:
2024: A4194 - Referred to Corrections
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
1059
2025-2026 Regular Sessions
IN ASSEMBLY
January 8, 2025
___________
Introduced by M. of A. MIKULIN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to increasing penalties for
the crimes of criminal diversion of prescription medications and
prescriptions in the first, second, third and fourth degrees and crim-
inal sale of a prescription
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The closing paragraph of section 178.10 of the penal law,
2 as added by chapter 81 of the laws of 1995, is amended to read as
3 follows:
4 Criminal diversion of prescription medications and prescriptions in
5 the fourth degree is a class [A misdemeanor] E felony.
6 § 2. The closing paragraph of section 178.15 of the penal law, as
7 added by chapter 81 of the laws of 1995, is amended to read as follows:
8 Criminal diversion of prescription medications and prescriptions in
9 the third degree is a class [E] D felony.
10 § 3. The closing paragraph of section 178.20 of the penal law, as
11 added by chapter 81 of the laws of 1995, is amended to read as follows:
12 Criminal diversion of prescription medications and prescriptions in
13 the second degree is a class [D] C felony.
14 § 4. The closing paragraph of section 178.25 of the penal law, as
15 added by chapter 81 of the laws of 1995, is amended to read as follows:
16 Criminal diversion of prescription medications and prescriptions in
17 the first degree is a class [C] B felony.
18 § 5. The closing paragraph of section 220.65 of the penal law, as
19 amended by chapter 31 of the laws of 2014, is amended to read as
20 follows:
21 Criminal sale of a prescription for a controlled substance or of a
22 controlled substance by a practitioner or pharmacist is a class [C] B
23 felony.
24 § 6. This act shall take effect on the first of November next succeed-
25 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.
LBD00130-01-5
