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S07908 Summary:

S07908 Actions:

S07908 Floor Votes:

S07908 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 7908                                                 A. 10157
 
                SENATE - ASSEMBLY
 
                                      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    § 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    § 3. This act shall take effect immediately.