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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6851
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
continue, it is probable that there will be forty or more reported clan-
destine 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
A.4445 - 2024 - 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.
