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.