senate Bill S2431

2013-2014 Legislative Session

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

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Sponsored By

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
Mar 10, 2014 referred to codes
delivered to assembly
passed senate
Mar 04, 2014 advanced to third reading
Mar 03, 2014 2nd report cal.
Feb 27, 2014 1st report cal.212
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Apr 24, 2013 referred to codes
Apr 23, 2013 delivered to assembly
passed senate
Apr 22, 2013 ordered to third reading cal.388
reported and committed to rules
Jan 17, 2013 referred to codes

Votes

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Feb 27, 2014 - Codes committee Vote

S2431
12
2
committee
12
Aye
2
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Apr 22, 2013 - Rules committee Vote

S2431
19
2
committee
19
Aye
2
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Apr 22, 2013 - Codes committee Vote

S2431
14
1
committee
14
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

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S2431 - Bill Details

See Assembly Version of this Bill:
A2310
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§155.00, 155.30, 155.35, 155.40 & 155.42, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S6725, A10767

S2431 - 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:S2431

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: Same as S. 6725, Passed Senate

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
________________________________________________________________________

                                  2431

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sens. KLEIN, GALLIVAN, HANNON, MAZIARZ -- 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.

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

S. 2431                             2

  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:
  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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