Establishes the crime of larceny of a controlled substance making it an A-II felony to steal a schedule II, III, IV, or V controlled substance from a pharmacy.
STATE OF NEW YORK
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4825
2015-2016 Regular Sessions
IN ASSEMBLY
February 6, 2015
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Introduced by M. of A. CUSICK, MILLER -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
larceny of a controlled substance
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 220.80 to
2 read as follows:
3 § 220.80 Larceny of a controlled substance.
4 A person is guilty of larceny of a controlled substance when he or she
5 commits the crime of larceny and the stolen property includes a schedule
6 II, III, IV, or V controlled substance stolen from a pharmacy. For the
7 purposes of this section:
8 1. "Larceny" has the same meaning as defined in section 155.05 of this
9 part.
10 2. "Pharmacy" means any place in which drugs, prescriptions or poisons
11 are possessed for the purpose of compounding, preserving, dispensing or
12 retailing, or in which drugs, prescriptions or poisons are compounded,
13 preserved, dispensed or retailed, or in which such drugs, prescriptions
14 or poisons are by advertising or otherwise offered for sale at retail.
15 3. "Schedule II, III, IV, or V controlled substance" means any
16 substance listed in schedules II, III, IV, and V of section thirty-three
17 hundred six of the public health law.
18 Larceny of a controlled substance is a class A-II felony.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01535-01-5
