senate Bill S6725

2011-2012 Legislative Session

Increases the severity of larceny offenses when the property stolen is one or more controlled substances

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2012 referred to codes
delivered to assembly
passed senate
Jun 04, 2012 advanced to third reading
May 31, 2012 2nd report cal.
May 30, 2012 1st report cal.938
Mar 13, 2012 referred to codes

Votes

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S6725 - Bill Details

See Assembly Version of this Bill:
A10767
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§155.00, 155.30, 155.35, 155.40 & 155.42, Pen L

S6725 - Bill Texts

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Increases the severity of larceny offenses when the property stolen is one or more controlled substances.

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BILL NUMBER:S6725

TITLE OF BILL:

An act
to amend the penal law, in relation to the theft of controlled
substances

PURPOSE:

Increases the criminal penalties for the theft of controlled substances.

SUMMARY OF PROVISIONS:

Section 1 amends §155.00 of the penal law by adding a new subdivision
10 defining for the purposes of this article controlled substances as
any substance listed in the schedules outlined in §3306 of the public
health law.

Section 2 makes technical corrections to §155.30 of the penal law and
adds a new subdivision 12 that includes controlled substances to the
list of property covered by this section.

Section 3 adds a subdivision 3 to §155.35 of the penal law stating
that property consisting of controlled substances with the value of
$1000 or above are covered under this section.

Section 4 amends paragraph c of subdivision 2 of §155.40 of the penal
law by adding a new subdivision 3 stating that property consisting of
controlled substances in the value of $3000 or above are covered
under this section.

Section 5 amends §155.42 of the penal law by making technical
corrections and adding a subdivision 2 stating that property
consisting of controlled substances with the value of $50,000 or
above are covered under this section.

Section 6 provides for an effective date on the first of November next
succeeding the date on which the bill shall have become law.

JUSTIFICATION:

On June 19, 2011 four people, including a pharmacist, a 17-year old
clerk, and two customers, aged 71 and 33 were executed in a pharmacy
in Medford, Long Island, by two suspects that robbed the pharmacy in
order to get their hands on hydrocodone pills. On December 31,
2011, an off-duty Bureau of Alcohol, Tobacco, and Firearms (ATM)
agent and an alleged robber were killed when an attempted robbery at
a pharmacy in Seaford, Long Island ended in a shoot-out. The robber
is said to have demanded money and oxycontin from the pharmacists.
These two deadly incidents are just two of the most shocking cases

highlighting the increase in crime and violence directed towards
pharmacies that have resulted from the growing epidemic of
prescription drug abuse.

The increase in crimes against pharmacies has been nationwide. Between
2006 and 2010, according to the Drug Enforcement Administration (DEA),
robberies rose from 380 to 686, an increase of 79%. The number of
pills went from 706,000 to 1.3 million. In New York State, according
to the DEA, the increase in pharmacy robberies was from 4 in 2006 to
30 in 2010. The increase in violence has driven some pharmacies to
stop stocking opioid analgesics and posting signs on their windows
advertising this to deter possible robbers.

This bill would increase the possible penalties one would face for the
theft of controlled substances. currently, penal law article 220
deals with crimes relating to the possession of controlled
substances, with the different degrees of possible charges based on
the quantities of certain chemical substances present in controlled
substances. Any criminal possession of a controlled substance is a
class A misdemeanor, with more serious charges being possible if a
person happened to be in possession of larger quantities of specific
drugs. This system gives prosecutors the ability to charge
individuals that take illegal possession of certain prescription
drugs, like opioid analgesics, with serious crimes, but for some
other drugs, like depressants like Xanax the possible penalties are
much lower.

This legislation changes the existing larceny statute and would make
the theft of any controlled substance grand larceny in the fourth
degree, which is a class E felony. For most kinds of goods one would
have to steal $1000 worth of property by retail value before being
able to be charged with felony grand larceny as opposed to petit
larceny, which is a misdemeanor. Current law treats firearms, a
credit or debit card, scientific secrets, or certain precursors for
making methamphetamines differently by stating that the theft of
these objects, regardless of retail value, constitutes grand larceny.
Controlled substances should be treated similarly, since the dangers
to the public and individuals from the misuse of controlled
substances is such that the theft of any controlled substances merits
a felony grand larceny charge.
Raising the penalties for the theft of controlled prescription drugs
is necessary given the social harm that is caused by their diversion
into illicit use.

This legislation would also create a lower value threshold for
controlled substances than for other property when it came to being
able to bring forth grand larceny charges of a greater degree. For
example, currently one must have stolen property of $3,000 or greater
in order to be charged with grand larceny in the 3rd degree. This
legislation would make the theft of controlled substances with a
value of $1,000 or greater eligible for a charge of grand larceny in

the 3rd degree. Value thresholds would be lowered as well for the
more severe degrees of grand larceny.

LEGISLATIVE HISTORY:

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 the bill shall have become law.

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

                                  6725

                            I N  S E N A T E

                             March 13, 2012
                               ___________

Introduced  by  Sen.  KLEIN  -- 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 the  theft  of  controlled
  substances

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

  Section 1. Section 155.00 of the penal law is amended by adding a  new
subdivision 10 to read as follows:
  10.  "CONTROLLED  SUBSTANCE" MEANS ANY SUBSTANCE LISTED IN SCHEDULE I,
II, III, IV OR V OF SECTION  THIRTY-THREE  HUNDRED  SIX  OF  THE  PUBLIC
HEALTH LAW, OTHER THAN MARIHUANA AND CONCENTRATED CANNABIS.
  S  2.  Paragraph  (b)  of subdivision 9, and subdivisions 10 and 11 of
section 155.30 of the penal law,  paragraph  (b)  of  subdivision  9  as
amended  by  chapter 479 of the laws of 2010, subdivision 10 as added by
chapter 491 of the laws of 1992 and subdivision 11 as added  by  chapter
394  of  the laws of 2005, are amended and a new subdivision 12 is added
to read as follows:
  (b) is kept for or used in connection with religious  worship  in  any
building,  structure or upon the curtilage of such building or structure
used as a place of religious worship  by  a  religious  corporation,  as
incorporated  under  the  religious  corporations  law  or the education
law[.]; OR
  10. The property consists of an access device which the person intends
to use unlawfully to obtain telephone service[.]; OR
  11. The property consists of anhydrous ammonia  or  liquified  ammonia
gas  and  the  actor  intends to use, or knows another person intends to
use, such anhydrous ammonia or  liquified  ammonia  gas  to  manufacture
methamphetamine[.]; OR
  12. THE PROPERTY CONSISTS OF ONE OR MORE CONTROLLED SUBSTANCES.
  S 3. Section 155.35 of the penal law, as amended by chapter 464 of the
laws of 2010, is amended to read as follows:
S 155.35 Grand larceny in the third degree.
  A person is guilty of grand larceny in the third degree when he or she
steals property and:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14671-01-2

S. 6725                             2

  1.  when  the value of the property exceeds three thousand dollars[,];
or
  2.  the  property is an automated teller machine or the contents of an
automated teller machine[.]; OR
  3. WHEN THE PROPERTY CONSISTS OF ONE OR MORE CONTROLLED SUBSTANCES AND
THE RETAIL VALUE THEREOF EXCEEDS ONE THOUSAND DOLLARS.
  Grand larceny in the third degree is a class D felony.
  S 4. Paragraph (c) of subdivision 2 of section  155.40  of  the  penal
law, as amended by chapter 515 of the laws of 1986, is amended and a new
subdivision 3 is added to read as follows:
  (c)  use  or abuse his OR HER position as a public servant by engaging
in conduct within or related to his OR HER official duties, or by  fail-
ing or refusing to perform an official duty, in such manner as to affect
some person adversely[.]; OR
  3.  THE PROPERTY CONSISTS OF ONE OR MORE CONTROLLED SUBSTANCES AND THE
RETAIL VALUE THEREOF EXCEEDS THREE THOUSAND DOLLARS.
  S 5. Section 155.42 of the penal law, as added by chapter 515  of  the
laws of 1986, is amended to read as follows:
S 155.42 Grand larceny in the first degree.
  A person is guilty of grand larceny in the first degree when he OR SHE
steals property and when [the]:
  1. THE value of the property exceeds one million dollars; OR
  2.  THE PROPERTY CONSISTS OF ONE OR MORE CONTROLLED SUBSTANCES AND THE
RETAIL VALUE THEREOF EXCEEDS FIFTY THOUSAND DOLLARS.
  Grand larceny in the first degree is a class 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.

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