senate Bill S2940

2013-2014 Legislative Session

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

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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
Jun 09, 2014 referred to codes
delivered to assembly
passed senate
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.754
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Apr 29, 2013 referred to codes
delivered to assembly
passed senate
Mar 21, 2013 advanced to third reading
Mar 20, 2013 2nd report cal.
Mar 19, 2013 1st report cal.260
Jan 25, 2013 referred to codes

Votes

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May 13, 2014 - Codes committee Vote

S2940
14
0
committee
14
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Mar 19, 2013 - Codes committee Vote

S2940
15
0
committee
15
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

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S2940 - Bill Details

See Assembly Version of this Bill:
A3744
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§155.30 & 165.45, add §220.67, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S6743A, A10742

S2940 - 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:S2940

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 criminalizes the theft and unlawful 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 crimi-
nal 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 an effective date or the first of November
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 insuf-
ficient 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.

The Bureau of Narcotic Enforcement estimates that since 2008, approxi-
mately 1.4 million official scripts have been stolen from NYC hospitals
alone. In 2011, the Office of the New York City special Prosecutor
exposed a drug ring on Staten Island and indicted 31 people. The exten-
sive 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 situ-
ations, 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
ii 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: 2012: S.6743-A Passed Senate, died in Assembly
Codes.

FISCAL IMPLICATIONS: None.

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

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

                                  2940

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by  Sens.  HANNON,  DeFRANCISCO,  LAVALLE,  LITTLE, MARTINS,
  MAZIARZ, RANZENHOFER, ZELDIN -- 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 TWO HUNDRED EIGHTY-ONE OF THE
PUBLIC HEALTH LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02571-01-3

S. 2940                             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 TWO HUNDRED EIGHTY-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 TWO HUNDRED EIGHTY-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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