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A04445 Summary:

BILL NOA04445
 
SAME ASSAME AS S02214
 
SPONSORPalmesano
 
COSPNSRAngelino, Brook-Krasny
 
MLTSPNSR
 
Amd §§220.70, 220.71, 220.73, 220.74 & 220.75, Pen L
 
Relates to penalties for the crimes relating to methamphetamine laboratory operations, including criminal possession of methamphetamine manufacturing materials and unlawful manufacture of methamphetamines.
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A04445 Actions:

BILL NOA04445
 
02/14/2023referred to codes
01/03/2024referred to codes
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A04445 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4445
 
SPONSOR: Palmesano
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: To amend the penal law, increasing the penalties for the criminal possession of methamphetamine manufacturing material and unlawful manu- facture of methamphetamine.   SUMMARY OF PROVISIONS: Amends section 220.70 of the penal law making it a Class felony for the criminal possession of methamphetamine manufacturing material in the second degree. The penalty is a class A misdemeanor under current law. Amends Section 220.71 of the penal law making it a Class D felony for the criminal possession of methamphetamine manufacturing material in the first degree. The penalty is a Class E felony under the current law. Amends Section 220.73 of the penal law making it a Class C felony for the unlawful manufacture of methamphetamine in the third degree. The penalty is a Class D felony under the current law. law. Amends Section 220.74 of the penal law making it a Class B felony for the unlawful manufacture of methamphetamine in the second degree. The penalty is a Class C felony under the current law. law. Amends Section 220.75 of the penal law, making it a Class A-1 felony for the unlawful manufacture of methamphetamine in the first degree. The penalty is a Class B felony under the current law.   JUSTIFICATION: The US Department of Justice National Drug Intelligence Center has reported domestic methamphetamine availability is at a five year high, the result of increasing large scale Production of the drug in Mexico and increases in the small scale production in the United States. For the second consecutive year, seizures of methamphetamine laboratories in the United States have risen as a result of the prevalence of what US Department of Justice refers to as small scale "one pot" or "shake and bake" laboratories. In New York State, there were eleven clandestine laboratories/incident reported during the second quarter of 2011. This represents an increase of over 500% compared to reports during the same period in 2010. The New York State Intelligence Center estimates that should such trends contin- ue, it is probable that there will be forty or more reported clandestine laboratory incidents in 2011, the first time New York will have reached such a rate since 2004. The costs of methamphetamine and its manufacturing to state and local governments is exorbitant, with the Independent Rand Corporation esti- mating in 2009 that the drugs economic cost to society could reach $48 billion. In addition such laboratories and toxic dumpsites pose a significant threat to our children, the health of our communities, and our environment. This legislation seeks to increase the penalties for the unlawful possession of materials related to methamphetamine and its manufactur- ing. By providing law enforcement and the judicial system the tools necessary to limit the growth of methamphetamine laboratories in New York State, it will provide a greater level of security for communities and a preemptive measure by the state to prevent a growing problem from manifesting within its boundaries.   PRIOR LEGISLATIVE HISTORY: A.6300 - 2020 - referred to Codes A.5800 - 2022 - held in Codes   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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A04445 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4445
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 14, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  PALMESANO  --  read once and referred 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  § 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    §  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  § 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    §  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.
                                                                   LBD05286-01-3

        A. 4445                             2
 
     1  § 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    § 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  § 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    §  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  § 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    § 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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