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.