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

                                  2310

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2013
                               ___________

Introduced by M. of A. CRESPO -- read once and referred 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04658-01-3
              

A. 2310                             2

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:
  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.