NY State Senate Bill 2009-S549

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Jan 07, 2009	referred to codes

2009-S549 (ACTIVE) - Details

See Assembly Version of this Bill:: A1561
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§220.06, 220.09 & 220.16, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3978, A4182
2013-2014: S2734, A3319

2009-S549 (ACTIVE) - Summary

Relates to criminalizing the possession of an anabolic steroid.

2009-S549 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S549

 TITLE OF BILL :
An act to amend the penal law, in relation to criminal possession of a
controlled substance


 PURPOSE :
The purpose of this bill is to criminalize the possession of an
anabolic steroid when obtain in a specific amount of quantity.

 SUMMARY OF PROVISIONS :
This bill incorporates into New York State Law that a person is guilty
of criminal possession of a controlled substance as stated in § 220.
06 felony in the fifth degree, §220.09 felony in the fourth degree and
§ 220.16 felony in the third degree when he/she is in possession of
nonprescribed anabolic steroids. The degree of felony will be
dependant upon the quantity that an individual is in possession of.
The criminal possession of anabolic steroids in the amount of one
thousand milligrams or more than one thousand pills will result in a
fifth degree, class D felony. The criminal possession of anabolic
steroids in the amount of five thousand milligrams or more than twelve
thousand five hundred pills will result in a fourth degree, class C
felony. The criminal possession of anabolic steroids in the amount of
twenty-five thousand milligrams or more than sixty-two thousand five
hundred pills will result in a third degree, class B felony.

 EXISTING LAW :
New law.

 JUSTIFICATION :
Currently under New York state Law the possession of non-prescribed
anabolic steroids whether it's one pill or a truck load of pills
receives the criminal charge of a misdemeanor. Seeing that there has
recently been an up rise in the use of non-prescribed anabolic
steroids.  It's apparent that the people that are supplying these
drugs are not being deterred by the laws that are in existence with
regards to anabolic steroids. We must incorporate in our law that the
use or distribution of anabolic steroids would be charged in
concurrence with the quantity that an individual possesses.
Non-prescribed anabolic steroids should be measured in the same form
as any other dangerous drug that is in existence today. By developing
these new measurement guidelines, we can implement the criminal
charges that are suitable for the possession of non-prescribed
anabolic steroids.  This would cause a deterring factor for the
supplier since the consequences of their illegal actions would be
heavily penalized, by doing this the consumption of non-prescribed
anabolic steroids would eventually decrease.

 PRIOR LEGISLATIVE HISTORY :
S.6867 Same as
Referred to Codes 1/31/08
A.10821 Camara (MS)
Referred to Codes 05/02/08

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
180 days after it shall have become law.

2009-S549 (ACTIVE) - Bill Text download pdf

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

    S. 549                                                   A. 1561

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

IN SENATE -- Introduced by Sen. ADAMS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

IN ASSEMBLY -- Introduced by M. of A. CAMARA -- Multi-Sponsored by -- M.
  of A. ALFANO, CALHOUN, ESPAILLAT, HOOPER, JEFFRIES, MAISEL, N. RIVERA,
  ROBINSON,  TITONE,  TOWNS, WALKER, ZEBROWSKI -- read once and referred
  to the Committee on Codes

AN ACT to amend the penal law, in relation to criminal possession  of  a
  controlled substance

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 220.06 of the penal law, as amended by chapter  75
of the laws of 1995, subdivision 4 as amended by chapter 537 of the laws
of  1998,  subdivision  6  as  added by chapter 635 of the laws of 1997,
subdivision 7 as amended and subdivision 8 as added by  chapter  264  of
the laws of 2003, is amended to read as follows:
S 220.06 Criminal  possession  of  a  controlled  substance in the fifth
           degree.
  A person is guilty of criminal possession of a controlled substance in
the fifth degree when he knowingly and unlawfully possesses:
  1. a controlled substance with intent to sell it; or
  2.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing  a  narcotic  preparation  and  said preparations, compounds,
mixtures or substances are of an aggregate weight of one-half  ounce  or
more; or
  3.  phencyclidine  and  said  phencyclidine weighs fifty milligrams or
more; or
  4.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing concentrated cannabis as defined in paragraph (a) of subdivi-
sion  four  of section thirty-three hundred two of the public health law
and said preparations, compounds,  mixtures  or  substances  are  of  an
aggregate weight of one-fourth ounce or more; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04277-01-9

S. 549                              2                            A. 1561

  5. cocaine and said cocaine weighs five hundred milligrams or more[.];
OR
  6.  ketamine  and  said  ketamine weighs more than one thousand milli-
grams; or
  7. ketamine and has previously been convicted  of  possession  or  the
attempt to commit possession of ketamine in any amount; or
  8.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing gamma hydroxybutyric acid, as defined in  paragraph  four  of
subdivision (e) of schedule I of section thirty-three hundred six of the
public  health  law,  and  said  preparations,  compounds,  mixtures  or
substances are of an aggregate weight of twenty-eight grams or more; OR
  9. ANABOLIC STEROIDS AND SAID ANABOLIC STEROIDS WEIGH  MORE  THAN  ONE
THOUSAND MILLIGRAMS OR MORE THAN ONE THOUSAND PILLS.
  Criminal possession of a controlled substance in the fifth degree is a
class D felony.
  S  2. Section 220.09 of the penal law, as amended by chapter 75 of the
laws of 1995, subdivision 10 as amended by chapter 537 of  the  laws  of
1998,  subdivision  13  as  amended  by chapter 635 of the laws of 1997,
subdivision 14 as amended and subdivision 15  as added by chapter 264 of
the laws of 2003, is amended to read as follows:
S 220.09 Criminal possession of a controlled  substance  in  the  fourth
           degree.
  A person is guilty of criminal possession of a controlled substance in
the fourth degree when he knowingly and unlawfully possesses:
  1.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing a narcotic drug and said preparations, compounds, mixtures or
substances are of an aggregate weight of one-eighth ounce or more; or
  2.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing  methamphetamine,  its salts, isomers or salts of isomers and
said preparations, compounds, mixtures or substances are of an aggregate
weight of one-half ounce or more; or
  3.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing  a  narcotic  preparation  and  said preparations, compounds,
mixtures or substances are of an aggregate weight of two ounces or more;
or
  4. a stimulant and said stimulant weighs one gram or more; or
  5. lysergic acid diethylamide  and  said  lysergic  acid  diethylamide
weighs one milligram or more; or
  6.  a hallucinogen and said hallucinogen weighs twenty-five milligrams
or more; or
  7. a hallucinogenic substance and said hallucinogenic substance weighs
one gram or more; or
  8. a dangerous depressant and such  dangerous  depressant  weighs  ten
ounces or more; or
  9. a depressant and such depressant weighs two pounds or more; or
  10.  one  or  more  preparations,  compounds,  mixtures  or substances
containing concentrated cannabis as defined in paragraph (a) of subdivi-
sion four of section thirty-three hundred two of the public  health  law
and  said  preparations,  compounds,  mixtures  or  substances are of an
aggregate weight of one ounce or more; or
  11. phencyclidine and said  phencyclidine  weighs  two  hundred  fifty
milligrams or more; or
  12. methadone and said methadone weighs three hundred sixty milligrams
or more; or
  13.  phencyclidine  and  said phencyclidine weighs fifty milligrams or
more with intent to sell it and has  previously  been  convicted  of  an

S. 549                              3                            A. 1561

offense  defined  in this article or the attempt or conspiracy to commit
any such offense; or
  14.  ketamine  and  said  ketamine  weighs four thousand milligrams or
more; or
  15. one  or  more  preparations,  compounds,  mixtures  or  substances
containing  gamma  hydroxybutyric  acid, as defined in paragraph four of
subdivision (e) of schedule I of section thirty-three hundred six of the
public  health  law,  and  said  preparations,  compounds,  mixtures  or
substances are of an aggregate weight of two hundred grams or more; OR
  16.  ANABOLIC STEROIDS AND SAID ANABOLIC STEROIDS WEIGH MORE THAN FIVE
THOUSAND MILLIGRAMS OR MORE THAN TWELVE THOUSAND FIVE HUNDRED PILLS.
  Criminal possession of a controlled substance in the fourth degree  is
a class C felony.
  S  3. Section 220.16 of the penal law, as amended by chapter 75 of the
laws of 1995, is amended to read as follows:
S 220.16 Criminal possession of a  controlled  substance  in  the  third
           degree.
  A person is guilty of criminal possession of a controlled substance in
the third degree when he knowingly and unlawfully possesses:
  1. a narcotic drug with intent to sell it; or
  2.  a  stimulant,  hallucinogen, hallucinogenic substance, or lysergic
acid diethylamide, with intent to sell it and has previously  been  con-
victed of an offense defined in THIS article [two hundred twenty] or the
attempt or conspiracy to commit any such offense; or
  3.    a stimulant with intent to sell it and said stimulant weighs one
gram or more; or
  4.  lysergic acid diethylamide with intent to sell it and said lyserg-
ic acid diethylamide weighs one milligram or more; or
  5.  a hallucinogen with intent to sell it and said hallucinogen weighs
twenty-five milligrams or more; or
  6.  a hallucinogenic substance with intent to sell it and said  hallu-
cinogenic substance weighs one gram or more; or
  7.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing methamphetamine, its salts, isomers or salts of isomers  with
intent  to  sell  it  and  said  preparations,  compounds,  mixtures  or
substances are of an aggregate weight of one-eighth ounce or more; or
  8.  a stimulant and said stimulant weighs five grams or more; or
  9.  lysergic acid diethylamide and  said  lysergic  acid  diethylamide
weighs five milligrams or more; or
  10.    a hallucinogen and said hallucinogen weighs one hundred twenty-
five milligrams or more; or
  11.   a hallucinogenic substance  and  said  hallucinogenic  substance
weighs five grams or more; or
  12.  one  or  more  preparations,  compounds,  mixtures  or substances
containing a narcotic drug and said preparations, compounds, mixtures or
substances are of an aggregate weight of one-half ounce or more; or
  13.   phencyclidine and said phencyclidine  weighs  one  thousand  two
hundred fifty milligrams or more; OR
  14. ANABOLIC STEROIDS AND SAID ANABOLIC STEROIDS WEIGH MORE THAN TWEN-
TY-FIVE THOUSAND MILLIGRAMS OR MORE THAN SIXTY-TWO THOUSAND FIVE HUNDRED
PILLS.
  Criminal possession of a controlled substance in the third degree is a
class B felony.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S549

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S549 (ACTIVE) - Details

2009-S549 (ACTIVE) - Summary

2009-S549 (ACTIVE) - Sponsor Memo

2009-S549 (ACTIVE) - Bill Text download pdf

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Sponsored By

Eric Adams

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2009-S549 (ACTIVE) - Details

2009-S549 (ACTIVE) - Summary

2009-S549 (ACTIVE) - Sponsor Memo

2009-S549 (ACTIVE) - Bill Text download pdf

Comments