senate Bill S6035

Increases penalties for the crimes of criminal diversion of prescription medications and prescriptions and criminal sale of a prescription

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 08 / May / 2012
    • 1ST REPORT CAL.710
  • 09 / May / 2012
    • 2ND REPORT CAL.
  • 14 / May / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A9033
Versions:
S6035
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd ยงยง178.10, 178.15, 178.20, 178.25 & 220.65, Pen L

Votes

14
0
14
Aye
0
Nay
1
aye with reservations
1
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S6035

TITLE OF BILL:
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
criminal sale of a prescription

PURPOSE:
To deter the theft and subsequent illegal sale of prescriptions and
prescription medications.

SUMMARY OF PROVISIONS:
Section one increases the penalty for criminal diversion of
prescription medications in the fourth degree from a class A
misdemeanor to a class E felony.

Section two increases the penalty for criminal diversion of
prescription medications in the third degree from a class E felony to
a class D felony.

Section three increases the penalty for criminal diversion of
prescription medications in the second degree from a class D felony
to a class C felony.

Section four increases the penalty for criminal diversion of
prescription medications in the first degree from a class C felony to
a class B felony.

Section five increases the penalty for criminal sale of a prescription
from a class C to a class B felony.

Section six sets the effective date as the first of November next
succeeding the date on which it shall have become a law.

JUSTIFICATION:
According to the State Department of Health as many as 1.4 million
blank prescription forms have been stolen from New York City
hospitals since 2008 and are being sold by criminal gangs to drug
users of prescription pain killers. Once obtained, blank prescription
forms can be forged and used to obtain highly addictive prescription
medications such as oxycodone, which has led to overdoses in some
cases.

Current law requires hospitals to have safeguards in place to protect
against the theft
of printable prescription forms. This bill will deter those
responsible for the theft
and sale of prescription forms by increasing the penalties
for a crime that is increasingly problematic.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:


None to the State.

EFFECTIVE DATE:
This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6035

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sen. MARTINS -- 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 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:

  Section  1.  The closing paragraph of section 178.10 of the penal law,
as added by chapter 81 of the laws  of  1995,  is  amended  to  read  as
follows:
  Criminal  diversion  of  prescription medications and prescriptions in
the fourth degree is a class [A misdemeanor] E FELONY.
  S 2. The closing paragraph of section 178.15  of  the  penal  law,  as
added by chapter 81 of the laws of 1995, is amended to read as follows:
  Criminal  diversion  of  prescription medications and prescriptions in
the third degree is a class [E] D felony.
  S 3. The closing paragraph of section 178.20  of  the  penal  law,  as
added by chapter 81 of the laws of 1995, is amended to read as follows:
  Criminal  diversion  of  prescription medications and prescriptions in
the second degree is a class [D] C felony.
  S 4. The closing paragraph of section 178.25  of  the  penal  law,  as
added by chapter 81 of the laws of 1995, is amended to read as follows:
  Criminal  diversion  of  prescription medications and prescriptions in
the first degree is a class [C] B felony.
  S 5. The closing paragraph of section 220.65  of  the  penal  law,  as
added by chapter 118 of the laws of 1986, is amended to read as follows:
  Criminal sale of a prescription is a class [C] B felony.
  S 6. This act shall take effect on the first of November next succeed-
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.
                                                           LBD13631-01-1

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