NY State Senate Bill 2015-S210

Senate Bill S210

2015-2016 Legislative Session

Increases penalties for the crimes of criminal diversion of prescription medications and prescriptions and criminal sale of a prescription

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Jan 07, 2015	referred to codes

co-Sponsors

2015-S210 (ACTIVE) - Details

See Assembly Version of this Bill:: A3931
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§178.10, 178.15, 178.20, 178.25 & 220.65, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6035, A9033
2013-2014: S1177, A5767
2017-2018: S3786, A3089, A10664
2019-2020: A5737
2021-2022: A5650
2023-2024: A4194
2025-2026: A1059

2015-S210 (ACTIVE) - Summary

Increases penalties for the crimes of criminal diversion of prescription medications and prescriptions in the first, second, third and fourth degrees and criminal sale of a prescription.

2015-S210 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S210

 TITLE OF BILL :  An act to amend the penal law, in relation to
increasing penalties for the crimes of criminal diversion of
prescription medications and prescriptions in the first, second, third
and fourth degrees and criminal sale of a prescription

 PURPOSE :

To deter the theft and subsequent illegal sale of prescriptions and
prescription medications.

 SUMMARY OF PROVISIONS :

Section one increases the penalty for criminal diversion of
prescription medications in the fourth degree from a class A
misdemeanor to a class E felony.

Section two increases the penalty for criminal diversion of
prescription medications in the third degree from a class E felony to
a class D felony.

Section three increases the penalty for criminal diversion of
prescription medications in the second degree from a class D felony to
a class C felony.

Section four increases the penalty for criminal diversion of
prescription medications in the first degree from a class C felony to
a class B felony.

Section five increases the penalty for criminal sale of a prescription
from a class C to a class B felony.

Section six sets the effective date as the first of November next
succeeding the date on which it shall have become a law.

 JUSTIFICATION :

According to the State Department of Health as many as 1.4 million
blank prescription forms have been stolen from New York City hospitals
since 2008 and are being sold by criminal gangs to drug users of
prescription pain killers. Once obtained, blank prescription forms can
be forged and used to obtain highly addictive prescription medications
such as oxycodone, which has led to overdoses in some cases.

Current law requires Hospitals to have safeguards in place to protect
against the theft of printable prescription forms. This bill will
deter those responsible for the theft and sale of prescription forms
by increasing the penalties for a crime that is increasingly
problematic.

 LEGISLATIVE HISTORY :

S.1177 (2014)
S.6035 (2012)

 FISCAL IMPLICATIONS :

None to the State.

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

2015-S210 (ACTIVE) - Bill Text download pdf

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

                                   210

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. MARTINS -- 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 increasing  penalties  for
  the  crimes  of  criminal  diversion  of  prescription medications and
  prescriptions in the first, second, third and fourth degrees and crim-
  inal sale of a prescription

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

  Section  1.  The closing paragraph of section 178.10 of the penal law,
as added by chapter 81 of the laws  of  1995,  is  amended  to  read  as
follows:
  Criminal  diversion  of  prescription medications and prescriptions in
the fourth degree is a class [A misdemeanor] E FELONY.
  S 2. The closing paragraph of section 178.15  of  the  penal  law,  as
added by chapter 81 of the laws of 1995, is amended to read as follows:
  Criminal  diversion  of  prescription medications and prescriptions in
the third degree is a class [E] D felony.
  S 3. The closing paragraph of section 178.20  of  the  penal  law,  as
added by chapter 81 of the laws of 1995, is amended to read as follows:
  Criminal  diversion  of  prescription medications and prescriptions in
the second degree is a class [D] C felony.
  S 4. The closing paragraph of section 178.25  of  the  penal  law,  as
added by chapter 81 of the laws of 1995, is amended to read as follows:
  Criminal  diversion  of  prescription medications and prescriptions in
the first degree is a class [C] B felony.
  S 5. The closing paragraph of section 220.65  of  the  penal  law,  as
added by chapter 31 of the laws of 2014, is amended to read as follows:
  Criminal  sale  of  a  prescription for a controlled substance or of a
controlled substance by a practitioner or pharmacist is a  class  [C]  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02160-01-5

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Senate Bill S210

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Sponsored By

Jack M. Martins