senate Bill S6743A

2011-2012 Legislative Session

Establishes criminal offenses for the theft and unlawful possession of a blank official New York state prescription form

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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 18, 2012 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1281
committee discharged and committed to rules
Jun 13, 2012 print number 6743a
amend (t) and recommit to codes
Mar 16, 2012 referred to codes

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S6743 - Bill Details

See Assembly Version of this Bill:
A10742
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§155.30 & 165.45, add §220.67, Pen L

S6743 - Bill Texts

view summary

Includes within the class D felony of grand larceny in the fourth degree, the theft of a blank official New York state prescription form; includes within the class D felony of criminal possession of stolen property in the fourth degree, the possession of a stolen blank official New York state prescription form; establishes the class A misdemeanor of criminal possession of a prescription form, for the unlawful possession of a blank official New York state prescription form.

view sponsor memo
BILL NUMBER:S6743

TITLE OF BILL:
An act to amend the penal law, in relation to the theft and unlawful
possession of a blank official New York state prescription form

PURPOSE OR GENERAL IDEA OF BILL:
This bill creates three criminal penalties, which encompass the
unlawful theft or possession of a blank official New York state
prescription form.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds subsection (12) to Section 155.30 of the
penal law to include a blank official New York state prescription form
to the list of property covered by grand larceny.

Section 2 of the bill adds subsection (8) to Section 165.45 of the
penal law to include a blank official New York state prescription form
to the list of property covered by criminal possession of stolen
property.

Section 3 of the bill adds section 220.67 to the penal law, which
creates a new crime called criminal possession of a prescription form.

Section 4 of the bill provides for an effective date.

JUSTIFICATION:
Prescription drug abuse is a growing crisis in both New York State and
the country at large. In this state, there has been armed violence,
deaths by overdose and suicide, and increasing rates of addiction.
New York State has a preeminent program for combating prescription
theft and forgery. In the mid-1980s, the state instituted triplicate
forms for controlled substances and saw a 54% decrease in forgeries.
Unfortunately, this system and current penal laws are insufficient to
counter the theft, possession, and sale of blank official prescription
forms. Current New York law forces authorities to wait until someone
sells a prescription form before law enforcement can act.

Last year, the Office of the New York City Special Prosecutor exposed
a drug ring on Staten Island and indicted 31 people. The extensive
drug trafficking ring sold Oxycodone to customers out of an ice cream
truck. The endeavor injected nearly 43,000 pills into the New York
City metropolitan area, worth an estimated $1 million. Prosecutors
also found 300 illegally obtained prescription forms. The leaders of
the drug ring purchased the blank prescription forms from a medical
receptionist, who pilfered them from her employer. Unfortunately, in
similar situations, current New York law precludes the investigators
from acting until the person taking or holding a blank form sells it
to someone else.

This bill creates a criminal penalty for three specific situations.
First, grand larceny, a class E felony, will punish someone who steals
a blank prescription form. Second, criminal possession of stolen
property, which occurs when someone possesses a blank prescription
form, knowing it is stolen and intending to benefit from it. This is
also a class E felony. Finally, criminal possession of a prescription


form, a class A misdemeanor, punishes someone who knowingly possesses
a blank official New York state prescription form if that person is
not a doctor, pharmacist, or other person in the lawful pursuance of
his or her profession. These changes are necessary to combat the
criminal diversion of prescription drugs, which feeds addiction,
increases overdose and suicide rates, and fuels profits for drug
dealers and other criminals.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
On the first of November next succeeding the date upon which it shall
have become a law.

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

                                  6743

                            I N  S E N A T E

                             March 16, 2012
                               ___________

Introduced  by  Sens.  HANNON, GOLDEN, LARKIN, LITTLE, MARTINS, MAZIARZ,
  McDONALD -- 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 and unlawful
  possession of a blank official New York state prescription form

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

  Section  1.  Subdivisions  9, 10 and 11 of section 155.30 of the penal
law, subdivision 9 as amended by chapter 479 of the laws of 2010, subdi-
vision 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:
  9. The property consists of a scroll, religious vestment, a vessel, an
item  comprising  a display of religious symbols which forms a represen-
tative expression of faith, or  other  miscellaneous  item  of  property
which:
  (a) has a value of at least one hundred dollars; and
  (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  A  BLANK  OFFICIAL  NEW  YORK  STATE
PRESCRIPTION  FORM,  AS  SET  FORTH  IN SECTION TWENTY-ONE OF THE PUBLIC
HEALTH LAW.
  S 2. Subdivisions 6 and 7 of section 165.45 of the penal law, subdivi-
sion 6 as added by chapter 450 of the laws of 1990 and subdivision 7  as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14732-02-2

S. 6743                             2

added by chapter 394 of the laws of 2005, are amended and a new subdivi-
sion 8 is added to read as follows:
  6.  The  property  consists of a scroll, religious vestment, vessel or
other item of property having a value of at least  one  hundred  dollars
kept for or used in connection with religious worship in any building or
structure  used  as  a  place of religious worship by a religious corpo-
ration, as incorporated under the  religious  corporations  law  or  the
education law[.]; OR
  7. 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  meth-
amphetamine[.]; OR
  8.   THE  PROPERTY  CONSISTS  OF  A  BLANK  OFFICIAL  NEW  YORK  STATE
PRESCRIPTION FORM, AS SET FORTH IN  SECTION  TWENTY-ONE  OF  THE  PUBLIC
HEALTH LAW.
  S  3.  The penal law is amended by adding a new section 220.67 to read
as follows:
S 220.67 CRIMINAL POSSESSION OF A PRESCRIPTION FORM.
  A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A PRESCRIPTION FORM  WHEN
SUCH  PERSON  KNOWINGLY  POSSESSES  A  BLANK  OFFICIAL  NEW  YORK  STATE
PRESCRIPTION FORM, AS SET FORTH IN  SECTION  TWENTY-ONE  OF  THE  PUBLIC
HEALTH  LAW, AND SUCH PERSON IS NOT A DOCTOR, PHARMACIST OR OTHER PERSON
IN THE LAWFUL PURSUANCE OF HIS OR HER PROFESSION.
  CRIMINAL POSSESSION OF A PRESCRIPTION FORM IS A CLASS A MISDEMEANOR.
  S 4. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

Co-Sponsors

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S6743A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10742
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§155.30 & 165.45, add §220.67, Pen L

S6743A (ACTIVE) - Bill Texts

view summary

Includes within the class D felony of grand larceny in the fourth degree, the theft of a blank official New York state prescription form; includes within the class D felony of criminal possession of stolen property in the fourth degree, the possession of a stolen blank official New York state prescription form; establishes the class A misdemeanor of criminal possession of a prescription form, for the unlawful possession of a blank official New York state prescription form.

view sponsor memo
BILL NUMBER:S6743A

TITLE OF BILL:
An act
to amend the penal law, in relation to the theft and
unlawful possession of a
blank official New York state prescription form

PURPOSE:
This bill creates three criminal penalties which encompass the
unlawful theft or possession of a blank official New York state
prescription form.

SUMMARY OF PROVISIONS:
Section one of the bill adds subsection (12) to §155.30 of the Penal
Law to include a blank official New York state prescription form to
the list of property covered by grand larceny in the fourth degree.

Section two of the bill adds subsection (8) to §165.45 of the Penal
Law to include a blank official New York state prescription form to
the list of property covered by criminal possession of stolen
property in the fourth degree.

Section three adds a §220.67 to the Penal Law to create the crime of
criminal possession of a prescription form. A person is guilty of
criminal possession of a prescription form when such person knowingly
possesses a blank official New York State prescription form, unless
such person is legally authorized to possess the form or such person
is an employee of a person legally authorized to posses the form
acting within the scope of his or her employment.

Section four provides that the act shall take effect on the first of
November next succeeding its enactment.

JUSTIFICATION:
Prescription drug abuse is a growing crisis in both New York State and
the country at large. In this state, there has been armed violence,
deaths by overdose and suicide, and increasing rates of addiction.
New York State has a preeminent program for combating prescription
theft and forgery. In the mid-1980s, the state instituted
triplicate forms
for controlled substances and saw a 54% decrease in forgeries.
Unfortunately, this system and current penal laws are insufficient to
counter the theft, possession, and sale of blank official
prescription forms. Current law forces authorities to wait until
someone sells a prescription form before law enforcement can act.

Last year, the Office of the New York City special Prosecutor exposed
a drug ring on Staten Island and indicted 31 people. The extensive
drug trafficking ring sold Oxycodone to customers out of an ice cream
truck. The endeavor injected nearly 43,000 pills into the New York
City metropolitan area, worth an estimated $1 million. Prosecutors
also found 300 illegally obtained prescription forms. The leaders
of the drug ring purchased the blank prescription forms from a medical
receptionist, who pilfered them from her employer. Unfortunately, in
similar situations, current law precludes the investigators from


acting until the person taking or holding a blank form sells it to
someone else.

This bill creates a criminal penalty for three specific situations.
First, grand larceny, a class E felony, will punish someone who
steals a blank prescription form. Second, criminal possession of
stolen property, which occurs when someone possesses a blank
prescription form, knowing it is stolen and intending to benefit from
it. This is also a class E felony. Finally, criminal possession of a
prescription form, a class A misdemeanor, punishes someone who
knowingly and unlawfully possesses a blank official New York state
prescription form. These changes are necessary to combat the criminal
diversion of prescription drugs, which feeds addiction, increases
overdose and suicide rates, and fuels profits for drug dealers and
other criminals.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The act shall take effect on the first of November next succeeding its
enactment.

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

                                 6743--A

                            I N  S E N A T E

                             March 16, 2012
                               ___________

Introduced  by  Sens.  HANNON, GOLDEN, LARKIN, LAVALLE, LITTLE, MARTINS,
  MAZIARZ, McDONALD, RANZENHOFER, RITCHIE,  ZELDIN  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the penal law, in relation to the theft and unlawful
  possession of a blank official New York state prescription form

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

  Section  1.  Subdivisions  9, 10 and 11 of section 155.30 of the penal
law, subdivision 9 as amended by chapter 479 of the laws of 2010, subdi-
vision 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:
  9. The property consists of a scroll, religious vestment, a vessel, an
item  comprising  a display of religious symbols which forms a represen-
tative expression of faith, or  other  miscellaneous  item  of  property
which:
  (a) has a value of at least one hundred dollars; and
  (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  A  BLANK  OFFICIAL  NEW  YORK  STATE
PRESCRIPTION  FORM,  AS  SET  FORTH  IN SECTION TWENTY-ONE OF THE PUBLIC
HEALTH LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14732-06-2

S. 6743--A                          2

  S 2. Subdivisions 6 and 7 of section 165.45 of the penal law, subdivi-
sion 6 as added by chapter 450 of the laws of 1990 and subdivision 7  as
added by chapter 394 of the laws of 2005, are amended and a new subdivi-
sion 8 is added to read as follows:
  6.  The  property  consists of a scroll, religious vestment, vessel or
other item of property having a value of at least  one  hundred  dollars
kept for or used in connection with religious worship in any building or
structure  used  as  a  place of religious worship by a religious corpo-
ration, as incorporated under the  religious  corporations  law  or  the
education law[.]; OR
  7. 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  meth-
amphetamine[.]; OR
  8.   THE  PROPERTY  CONSISTS  OF  A  BLANK  OFFICIAL  NEW  YORK  STATE
PRESCRIPTION FORM, AS SET FORTH IN  SECTION  TWENTY-ONE  OF  THE  PUBLIC
HEALTH LAW.
  S  3.  The penal law is amended by adding a new section 220.67 to read
as follows:
S 220.67 CRIMINAL POSSESSION OF A PRESCRIPTION FORM.
  A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A PRESCRIPTION FORM  WHEN
SUCH  PERSON  KNOWINGLY  POSSESSES  A  BLANK  OFFICIAL  NEW  YORK  STATE
PRESCRIPTION FORM, AS SET FORTH IN  SECTION  TWENTY-ONE  OF  THE  PUBLIC
HEALTH LAW, UNLESS:
  (A) SUCH PERSON IS LEGALLY AUTHORIZED, ACCORDING TO THE LAWS AND REGU-
LATIONS OF NEW YORK STATE, TO POSSESS SUCH PRESCRIPTION FORM; OR
  (B)  SUCH  PERSON  IS  AN  EMPLOYEE  OF A PERSON LEGALLY AUTHORIZED TO
POSSESS SUCH PRESCRIPTION FORM, ACCORDING TO THE LAWS AND REGULATIONS OF
NEW YORK STATE, AND POSSESSES SUCH PRESCRIPTION FORM DURING  THE  COURSE
AND SCOPE OF SUCH PERSON'S EMPLOYMENT.
  CRIMINAL POSSESSION OF A PRESCRIPTION FORM IS A CLASS A MISDEMEANOR.
  S 4. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

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