S02217 Summary:

BILL NOS02217
 
SAME ASSAME AS A04373
 
SPONSORO'MARA
 
COSPNSR
 
MLTSPNSR
 
Amd §§220.06, 220.09, 220.16, 220.21, 220.39 & 220.43, Pen L
 
Makes penalties for the possession and/or sale of methamphetamine similar to that of the penalties for possession and/or sale of heroin and cocaine.
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S02217 Actions:

BILL NOS02217
 
01/19/2023REFERRED TO CODES
01/03/2024REFERRED TO CODES
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S02217 Committee Votes:

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S02217 Floor Votes:

There are no votes for this bill in this legislative session.
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S02217 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2217
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 19, 2023
                                       ___________
 
        Introduced  by  Sen.  O'MARA -- 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 possession and sale of
          methamphetamine
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1.  Subdivision 8 of section 220.06 of the penal law, as added
     2  by  chapter  264 of the laws of 2003, is amended and a new subdivision 9
     3  is added to read as follows:
     4    8.  one  or  more  preparations,  compounds,  mixtures  or  substances
     5  containing  gamma  hydroxybutyric  acid, as defined in paragraph four of
     6  subdivision (e) of schedule I of section thirty-three hundred six of the
     7  public  health  law,  and  said  preparations,  compounds,  mixtures  or
     8  substances  are of an aggregate weight of twenty-eight grams or more[.];
     9  or
    10    9.   one or  more  preparations,  compounds,  mixtures  or  substances
    11  containing  methamphetamine,  its salts, isomers or salts of isomers and
    12  said preparations, compounds, mixtures or substances are of an aggregate
    13  weight of one hundred milligrams or more.
    14    § 2. Subdivision 2 of section 220.09 of the penal law, as  amended  by
    15  chapter 75 of the laws of 1995, is amended to read as follows:
    16    2.  one  or  more  preparations,  compounds,  mixtures  or  substances
    17  containing methamphetamine, its salts, isomers or salts of  isomers  and
    18  said preparations, compounds, mixtures or substances are of an aggregate
    19  weight of [one-half ounce] one gram or more; or
    20    §  3.  Subdivision 7 of section 220.16 of the penal law, as amended by
    21  chapter 75 of the laws of 1995, is amended to read as follows:
    22    7.  one  or  more  preparations,  compounds,  mixtures  or  substances
    23  containing  methamphetamine, its salts, isomers or salts of isomers with
    24  intent to sell it [and] or said  preparations,  compounds,  mixtures  or
    25  substances are of an aggregate weight of one-eighth ounce or more; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05425-01-3

        S. 2217                             2
 
     1    §  4.  Subdivision 2 of section 220.21 of the penal law, as amended by
     2  chapter 75 of the laws of 1995, is amended and a new  subdivision  3  is
     3  added to read as follows:
     4    2.  methadone  and  said  methadone weighs five thousand seven hundred
     5  sixty milligrams or more[.]; or
     6    3.  one  or  more  preparations,  compounds,  mixtures  or  substances
     7  containing  methamphetamine,  its salts, isomers or salts of isomers and
     8  said preparations, compounds, mixtures or substances are of an aggregate
     9  weight of five ounces or more.
    10    § 5. Subdivision 7 of section 220.39 of the penal law, as  amended  by
    11  chapter 75 of the laws of 1995, is amended to read as follows:
    12    7.  one  or  more  preparations,  compounds,  mixtures  or  substances
    13  containing methamphetamine, its salts, isomers or salts of isomers  [and
    14  the  preparations, compounds, mixtures or substances are of an aggregate
    15  weight of one-eighth ounce or more]; or
    16    § 6. Subdivision 2 of section 220.43 of the penal law, as  amended  by
    17  chapter  75  of  the laws of 1995, is amended and a new subdivision 3 is
    18  added to read as follows:
    19    2.   methadone and the methadone weighs  two  thousand  eight  hundred
    20  eighty milligrams or more[.]; or
    21    3.  one  or  more  preparations,  compounds,  mixtures  or  substances
    22  containing methamphetamine, its salts, isomers or salts of  isomers  and
    23  said preparations, compounds, mixtures or substances are of an aggregate
    24  weight of two ounces or more.
    25    § 7. This act shall take effect on the first of November next succeed-
    26  ing the date on which it shall have become a law and shall apply only to
    27  offenses  committed  on  or after such date; offenses committed prior to
    28  such date shall be governed by the provisions of law in  effect  at  the
    29  time the offense was committed.
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