Amd SS220.70, 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.
STATE OF NEW YORK
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8675
2011-2012 Regular Sessions
IN ASSEMBLY
October 27, 2011
___________
Introduced by M. of A. SMARDZ, CROUCH, McDONOUGH, CORWIN, LOSQUADRO,
HAWLEY, GRAF, BURLING, MONTESANO, CONTE, GABRYSZAK -- Multi-Sponsored
by -- M. of A. ARROYO -- read once and referred to the Committee on
Codes
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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 220.70 of the penal law, as added by chapter 394 of
2 the laws of 2005, is amended to read as follows:
3 § 220.70 Criminal possession of methamphetamine manufacturing material
4 in the second degree.
5 A person is guilty of criminal possession of methamphetamine manufac-
6 turing material in the second degree when he or she possesses a precur-
7 sor, a chemical reagent or a solvent with the intent to use or knowing
8 another intends to use such precursor, chemical reagent, or solvent to
9 unlawfully produce, prepare or manufacture methamphetamine.
10 Criminal possession of methamphetamine manufacturing material in the
11 second degree is a class [A misdemeanor] E felony.
12 § 2. Section 220.71 of the penal law, as added by chapter 394 of the
13 laws of 2005, is amended to read as follows:
14 § 220.71 Criminal possession of methamphetamine manufacturing material
15 in the first degree.
16 A person is guilty of criminal possession of methamphetamine manufac-
17 turing material in the first degree when he or she commits the offense
18 of criminal possession of methamphetamine manufacturing material in the
19 second degree, as defined in section 220.70 of this article, and has
20 previously been convicted within the preceding five years of criminal
21 possession of methamphetamine manufacturing material in the second
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13430-02-1
A. 8675 2
1 degree, as defined in section 220.70 of this article, or a violation of
2 this section.
3 Criminal possession of methamphetamine manufacturing material in the
4 first degree is a class [E] D felony.
5 § 3. Section 220.73 of the penal law, as added by chapter 394 of the
6 laws of 2005, is amended to read as follows:
7 § 220.73 Unlawful manufacture of methamphetamine in the third degree.
8 A person is guilty of unlawful manufacture of methamphetamine in the
9 third degree when he or she possesses at the same time and location,
10 with intent to use, or knowing that another intends to use each such
11 product to unlawfully manufacture, prepare or produce methamphetamine:
12 1. Two or more items of laboratory equipment and two or more precur-
13 sors, chemical reagents or solvents in any combination; or
14 2. One item of laboratory equipment and three or more precursors,
15 chemical reagents or solvents in any combination; or
16 3. A precursor:
17 (a) mixed together with a chemical reagent or solvent; or
18 (b) with two or more chemical reagents and/or solvents mixed together.
19 Unlawful manufacture of methamphetamine in the third degree is a class
20 [D] C felony.
21 § 4. Section 220.74 of the penal law, as added by chapter 394 of the
22 laws of 2005, is amended to read as follows:
23 § 220.74 Unlawful manufacture of methamphetamine in the second degree.
24 A person is guilty of unlawful manufacture of methamphetamine in the
25 second degree when he or she:
26 1. Commits the offense of unlawful manufacture of methamphetamine in
27 the third degree as defined in section 220.73 of this article in the
28 presence of another person under the age of sixteen, provided, however,
29 that the actor is at least five years older than such other person under
30 the age of sixteen; or
31 2. Commits the crime of unlawful manufacture of methamphetamine in the
32 third degree as defined in section 220.73 of this article and has previ-
33 ously been convicted within the preceding five years of the offense of
34 criminal possession of precursors of methamphetamine as defined in
35 section 220.72 of this article, criminal possession of methamphetamine
36 manufacturing material in the first degree as defined in section 220.71
37 of this article, unlawful disposal of methamphetamine laboratory materi-
38 al as defined in section 220.76 of this article, unlawful manufacture of
39 methamphetamine in the third degree as defined in section 220.73 of this
40 article, unlawful manufacture of methamphetamine in the second degree as
41 defined in this section, or unlawful manufacture of methamphetamine in
42 the first degree as defined in section 220.75 of this article.
43 Unlawful manufacture of methamphetamine in the second degree is a
44 class [C] B felony.
45 § 5. Section 220.75 of the penal law, as added by chapter 394 of the
46 laws of 2005, is amended to read as follows:
47 § 220.75 Unlawful manufacture of methamphetamine in the first degree.
48 A person is guilty of unlawful manufacture of methamphetamine in the
49 first degree when such person commits the crime of unlawful manufacture
50 of methamphetamine in the second degree, as defined in subdivision one
51 of section 220.74 of this article, after having previously been
52 convicted within the preceding five years of unlawful manufacture of
53 methamphetamine in the third degree, as defined in section 220.73,
54 unlawful manufacture of methamphetamine in the second degree, as defined
55 in section 220.74 of this article, or unlawful manufacture of methamphe-
56 tamine in the first degree, as defined in this section.
A. 8675 3
1 Unlawful [manufacturer] manufacture of methamphetamine in the first
2 degree is a class [B] A-I felony.
3 § 6. This act shall take effect on the first of November next succeed-
4 ing the date on which it shall have become a law.
