senate Bill S3639

2013-2014 Legislative Session

Relates to penalties for the crimes relating to methamphetamine laboratory operations

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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
Apr 28, 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.216
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.390
reported and committed to rules
Feb 07, 2013 referred to codes

Votes

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Feb 27, 2014 - Codes committee Vote

S3639
11
2
committee
11
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Feb 27, 2014

nay (2)
aye wr (1)

Apr 22, 2013 - Codes committee Vote

S3639
14
1
committee
14
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Apr 22, 2013 - Rules committee Vote

S3639
21
0
committee
21
Aye
0
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S3639 - Bill Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง220.70, 220.71, 220.73, 220.74 & 220.75, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S7084

S3639 - Bill Texts

view summary

Relates to penalties for the crimes relating to methamphetamine laboratory operations, including criminal possession of methamphetamine manufacturing materials and unlawful manufacture of methamphetamines.

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BILL NUMBER:S3639

TITLE OF BILL: An act to amend the penal law, in relation to penalties
for the crimes of criminal possession of methamphetamine manufacturing
material and unlawful manufacture of methamphetamine

PURPOSE: To amend the penal law, increasing the penalties for the crim-
inal possession of methamphetamine manufacturing material and unlawful
manufacture of methamphetamine.

SUMMARY OF PROVISIONS: Amends section 220.70 of the penal law making it
a Class felony for the criminal possession of methamphetamine manufac-
turing material in the second degree. The penalty is a class A misdemea-
nor under current law. Amends Section 220.71 of the penal law making it
a Class D felony for the criminal possession of methamphetamine manufac-
turing material in the first degree. The penalty is a Class E felony
under the current law. Amends Section 220.73 of the penal law making it
a Class C felony for the unlawful manufacture of methamphetamine in the
third degree. The penalty is a Class D felony under the current law.
law. Amends Section 220.74 of the penal law making it a Class B felony
for the unlawful manufacture of methamphetamine in the second degree.
The penalty is a Class C felony under the current law. law. Amends
Section 220.75 of the penal law, making it a Class A-1 felony for the
unlawful manufacture of methamphetamine in the first degree. The penal-
ty is a Class B felony under the current law.

JUSTIFICATION:, The US Department of Justice National Drug Intelligence
Center has reported domestic methamphetamine availability is at a five
year high, the result of increasing large scale Production of the drug
in Mexico and increases in the small scale production in the United
States. For the second consecutive year, seizures of methamphetamine
laboratories in the United States have risen as a result of the preva-
lence of what US Department of Justice refers to as small scale "one
pot" or "shake and bake" laboratories.

In New York State, there were eleven clandestine laboratories/incident
reported during the second quarter of 2011. This represents an increase
of over 500% compared to reports during the same period in 2010. The New
York State Intelligence Center estimates that should such trends contin-
ue, it is probable that there will be forty or more reported clandestine
laboratory incidents in 2011, the first time New York will have reached
such a rate since 2004.

The costs of methamphetainine and its manufacturing to state and local
governments is exorbitant, with the Independent Rand Corporation esti-
mating in 2009 that the drugs economic cost to society could reach $48
billion. In addition such laboratories and toxic dumpsites pose a
significant threat to our children, the health of our communities, and
our environment.

This legislation seeks to increase the penalties for the unlawful
possession of materials related to methamphetamine and its manufactur-
ing. By providing law enforcement and the judicial system the tools
necessary to limit the growth of methamphetarnine laboratories in New
York State, it will provide a greater level of security for communities
and a preemptive measure by the state to prevent a growing problem from
manifesting within its boundaries.

PRIOR LEGISLATIVE HISTORY: 2012: S. 7084

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

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

                                  3639

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 7, 2013
                               ___________

Introduced  by Sens. O'MARA, BALL, DeFRANCISCO -- 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 penalties for  the  crimes
  of  criminal  possession of methamphetamine manufacturing material and
  unlawful manufacture of methamphetamine

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

  Section 1. Section 220.70 of the penal law, as added by chapter 394 of
the laws of 2005, is amended to read as follows:
S 220.70 Criminal  possession  of methamphetamine manufacturing material
           in the second degree.
  A person is guilty of criminal possession of methamphetamine  manufac-
turing  material in the second degree when he or she possesses a precur-
sor, a chemical reagent or a solvent with the intent to use  or  knowing
another  intends  to use such precursor, chemical reagent, or solvent to
unlawfully produce, prepare or manufacture methamphetamine.
  Criminal possession of methamphetamine manufacturing material  in  the
second degree is a class [A misdemeanor] E FELONY.
  S  2.  Section 220.71 of the penal law, as added by chapter 394 of the
laws of 2005, is amended to read as follows:
S 220.71 Criminal possession of methamphetamine  manufacturing  material
           in the first degree.
  A  person is guilty of criminal possession of methamphetamine manufac-
turing material in the first degree when he or she commits  the  offense
of  criminal possession of methamphetamine manufacturing material in the
second degree, as defined in section 220.70 of  this  article,  and  has
previously  been  convicted  within the preceding five years of criminal
possession of  methamphetamine  manufacturing  material  in  the  second
degree,  as defined in section 220.70 of this article, or a violation of
this section.
  Criminal possession of methamphetamine manufacturing material  in  the
first degree is a class [E] D felony.
  S  3.  Section 220.73 of the penal law, as added by chapter 394 of the
laws of 2005, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08538-01-3

S. 3639                             2

S 220.73 Unlawful manufacture of methamphetamine in the third degree.
  A  person  is guilty of unlawful manufacture of methamphetamine in the
third degree when he or she possesses at the  same  time  and  location,
with  intent  to  use,  or knowing that another intends to use each such
product to unlawfully manufacture, prepare or produce methamphetamine:
  1. Two or more items of laboratory equipment and two or  more  precur-
sors, chemical reagents or solvents in any combination; or
  2.  One  item  of  laboratory  equipment and three or more precursors,
chemical reagents or solvents in any combination; or
  3. A precursor:
  (a) mixed together with a chemical reagent or solvent; or
  (b) with two or more chemical reagents and/or solvents mixed together.
  Unlawful manufacture of methamphetamine in the third degree is a class
[D] C felony.
  S 4. Section 220.74 of the penal law, as added by chapter 394  of  the
laws of 2005, is amended to read as follows:
S 220.74 Unlawful manufacture of methamphetamine in the second degree.
  A  person  is guilty of unlawful manufacture of methamphetamine in the
second degree when he or she:
  1. Commits the offense of unlawful manufacture of  methamphetamine  in
the  third  degree  as  defined in section 220.73 of this article in the
presence of another person under the age of sixteen, provided,  however,
that the actor is at least five years older than such other person under
the age of sixteen; or
  2. Commits the crime of unlawful manufacture of methamphetamine in the
third degree as defined in section 220.73 of this article and has previ-
ously  been  convicted within the preceding five years of the offense of
criminal possession of  precursors  of  methamphetamine  as  defined  in
section  220.72  of this article, criminal possession of methamphetamine
manufacturing material in the first degree as defined in section  220.71
of this article, unlawful disposal of methamphetamine laboratory materi-
al as defined in section 220.76 of this article, unlawful manufacture of
methamphetamine in the third degree as defined in section 220.73 of this
article, unlawful manufacture of methamphetamine in the second degree as
defined  in  this section, or unlawful manufacture of methamphetamine in
the first degree as defined in section 220.75 of this article.
  Unlawful manufacture of methamphetamine in  the  second  degree  is  a
class [C] B felony.
  S  5.  Section 220.75 of the penal law, as added by chapter 394 of the
laws of 2005, is amended to read as follows:
S 220.75 Unlawful manufacture of methamphetamine in the first degree.
  A person is guilty of unlawful manufacture of methamphetamine  in  the
first  degree when such person commits the crime of unlawful manufacture
of methamphetamine in the second degree, as defined in  subdivision  one
of  section  220.74  of  this  article,  after  having  previously  been
convicted within the preceding five years  of  unlawful  manufacture  of
methamphetamine  in  the  third  degree,  as  defined in section 220.73,
unlawful manufacture of methamphetamine in the second degree, as defined
in section 220.74 of this article, or unlawful manufacture of methamphe-
tamine in the first degree, as defined in this section.
  Unlawful [manufacturer] MANUFACTURE of methamphetamine  in  the  first
degree is a class [B] A-I 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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