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
________________________________________________________________________
3639
2013-2014 Regular Sessions
IN SENATE
February 7, 2013
___________
Introduced by Sens. O'MARA, BALL, DeFRANCISCO -- 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 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
22 degree, as defined in section 220.70 of this article, or a violation of
23 this section.
24 Criminal possession of methamphetamine manufacturing material in the
25 first degree is a class [E] D felony.
26 § 3. Section 220.73 of the penal law, as added by chapter 394 of the
27 laws of 2005, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08538-01-3
S. 3639 2
1 § 220.73 Unlawful manufacture of methamphetamine in the third degree.
2 A person is guilty of unlawful manufacture of methamphetamine in the
3 third degree when he or she possesses at the same time and location,
4 with intent to use, or knowing that another intends to use each such
5 product to unlawfully manufacture, prepare or produce methamphetamine:
6 1. Two or more items of laboratory equipment and two or more precur-
7 sors, chemical reagents or solvents in any combination; or
8 2. One item of laboratory equipment and three or more precursors,
9 chemical reagents or solvents in any combination; or
10 3. A precursor:
11 (a) mixed together with a chemical reagent or solvent; or
12 (b) with two or more chemical reagents and/or solvents mixed together.
13 Unlawful manufacture of methamphetamine in the third degree is a class
14 [D] C felony.
15 § 4. Section 220.74 of the penal law, as added by chapter 394 of the
16 laws of 2005, is amended to read as follows:
17 § 220.74 Unlawful manufacture of methamphetamine in the second degree.
18 A person is guilty of unlawful manufacture of methamphetamine in the
19 second degree when he or she:
20 1. Commits the offense of unlawful manufacture of methamphetamine in
21 the third degree as defined in section 220.73 of this article in the
22 presence of another person under the age of sixteen, provided, however,
23 that the actor is at least five years older than such other person under
24 the age of sixteen; or
25 2. Commits the crime of unlawful manufacture of methamphetamine in the
26 third degree as defined in section 220.73 of this article and has previ-
27 ously been convicted within the preceding five years of the offense of
28 criminal possession of precursors of methamphetamine as defined in
29 section 220.72 of this article, criminal possession of methamphetamine
30 manufacturing material in the first degree as defined in section 220.71
31 of this article, unlawful disposal of methamphetamine laboratory materi-
32 al as defined in section 220.76 of this article, unlawful manufacture of
33 methamphetamine in the third degree as defined in section 220.73 of this
34 article, unlawful manufacture of methamphetamine in the second degree as
35 defined in this section, or unlawful manufacture of methamphetamine in
36 the first degree as defined in section 220.75 of this article.
37 Unlawful manufacture of methamphetamine in the second degree is a
38 class [C] B felony.
39 § 5. Section 220.75 of the penal law, as added by chapter 394 of the
40 laws of 2005, is amended to read as follows:
41 § 220.75 Unlawful manufacture of methamphetamine in the first degree.
42 A person is guilty of unlawful manufacture of methamphetamine in the
43 first degree when such person commits the crime of unlawful manufacture
44 of methamphetamine in the second degree, as defined in subdivision one
45 of section 220.74 of this article, after having previously been
46 convicted within the preceding five years of unlawful manufacture of
47 methamphetamine in the third degree, as defined in section 220.73,
48 unlawful manufacture of methamphetamine in the second degree, as defined
49 in section 220.74 of this article, or unlawful manufacture of methamphe-
50 tamine in the first degree, as defined in this section.
51 Unlawful [manufacturer] manufacture of methamphetamine in the first
52 degree is a class [B] A-I felony.
53 § 6. This act shall take effect on the first of November next succeed-
54 ing the date on which it shall have become a law.
