senate Bill S2430

2013-2014 Legislative Session

Elevates the severity of criminal trespass and burglary offenses committed upon the premises of a pharmacy

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Archive: Last Bill Status - In Committee


  • 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
Jan 08, 2014 referred to codes
Jan 17, 2013 referred to codes

Co-Sponsors

S2430 - Bill Details

See Assembly Version of this Bill:
A1058
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§140.00, 140.15, 140.25 & 140.30, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S6724, A9862

S2430 - Bill Texts

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Elevates the severity of criminal trespass and burglary offenses committed upon the premises of a pharmacy.

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BILL NUMBER:S2430

TITLE OF BILL:
An act
to amend the penal law, in relation to criminal trespass and burglary
upon the premises of a pharmacy

PURPOSE: Increases the criminal penalties for
criminal trespass and
burglary committed in pharmacies.

SUMMARY OF PROVISIONS:

Section 1: Amends § 140.00 of the penal law by adding a new subdivision
six defining pharmacies for the purpose of the article to mean the
area within a building where the practice of pharmacy as defined in
the education law is practiced.

Section 2: Amends subdivision 2 of § 140.15 of the penal law to include
pharmacies.

Section 3: Amends subdivision 2 of § 140.25 of the penal law to include
pharmacies.

Section 4: Amends the opening paragraph of § 140.30 of the penal law by
adding a reference to pharmacies.

Section 5: 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 31st,
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 criminals.

This bill would raise the criminal penalties that individuals could be
charged with if they commit certain crimes inside of pharmacies. In


particular this would raise the penalties for entering without
permission into any part of a building in which the profession of
pharmacy is conducted in order to commit a further crime, such as
larceny. This bill only applies to those section of a building in
which pharmacy is practiced, so it would not apply to actions carried
out in other parts of multi-purpose establishments that may contain a
pharmacy area as part of their services. This bill would treat the
pharmacy section of buildings similarly to private dwellings with
regards to the crime of burglary. Increasing criminal penalties will
give prosecutors greater leverage against criminals who target
pharmacies and also will help deter attempts to burglar pharmacies in
the future.

LEGISLATIVE HISTORY: Same as S. 6724 of 2012, Codes
Committee

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
________________________________________________________________________

                                  2430

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sens.  KLEIN, MAZIARZ, VALESKY -- 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  criminal  trespass  and
  burglary upon the premises of a pharmacy

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

  Section 1. Section 140.00 of the penal law is amended by adding a  new
subdivision 6 to read as follows:
  6.  "PHARMACY" MEANS THAT AREA WITHIN A BUILDING AT WHICH THE PRACTICE
OF THE PROFESSION OF PHARMACY  IS  CONDUCTED  PURSUANT  TO  ARTICLE  ONE
HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW.
  S  2.  Subdivision 1 of section 140.15 of the penal law, as amended by
chapter 315 of the laws of 2010, is amended to read as follows:
  1. he or she knowingly enters or remains unlawfully in a dwelling OR A
PHARMACY; or
  S 3.  Subdivision 2 of section 140.25 of the penal law, as amended  by
chapter 361 of the laws of 1981, is amended to read as follows:
  2.  The building is a dwelling, OR THE PORTION OF THE BUILDING THAT IS
A PHARMACY.
  S 4. The opening paragraph of section 140.30  of  the  penal  law,  as
amended  by  chapter  361  of  the  laws  of 1981, is amended to read as
follows:
  A person is guilty of burglary in the first  degree  when  he  OR  SHE
knowingly  enters or remains unlawfully in a dwelling OR A PHARMACY with
intent to commit a crime therein, and when, in effecting entry or  while
in  the  dwelling or in immediate flight therefrom, he OR SHE or another
participant in the crime:
  S 5.   This act shall take  effect  on  the  first  of  November  next
succeeding 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.
                                                           LBD02969-01-3

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