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.
STATE OF NEW YORK
________________________________________________________________________
4194
2023-2024 Regular Sessions
IN ASSEMBLY
February 13, 2023
___________
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.
LBD01814-01-3
