NY State Senate Bill S3402

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

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 08, 2016	referred to codes delivered to assembly passed senate
Mar 07, 2016	advanced to third reading
Mar 02, 2016	2nd report cal.
Mar 01, 2016	1st report cal.304
Jan 06, 2016	referred to codes returned to senate died in assembly
May 12, 2015	referred to codes delivered to assembly passed senate
Mar 12, 2015	advanced to third reading
Mar 11, 2015	2nd report cal.
Mar 10, 2015	1st report cal.227
Feb 06, 2015	referred to codes

Votes

Co-Sponsors

S3402 (ACTIVE) - Details

See Assembly Version of this Bill:: A4824
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§155.30 & 165.45, add §220.67, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6743, A10742
2013-2014: S2940, A3744
2017-2018: S2250, A6753

S3402 (ACTIVE) - 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.

S3402 (ACTIVE) - Sponsor Memo

BILL NUMBER:S3402

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
criminal 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 insufficient 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,
approximately 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 extensive 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 situations, 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:

2014: S.2940 Passed Senate, died in Assembly

2013: S.2940 Passed Senate, died in Assembly

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November succeeding its
enactment.

S3402 (ACTIVE) - Bill Text download pdf

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

                                  3402

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 6, 2015
                               ___________

Introduced  by  Sen.  HANNON -- 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.
                                                           LBD08700-01-5

S. 3402                             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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The New York State Senate

senate Bill S3402

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Mar 8, 2016 - floor Vote

Floor Vote: Mar 8, 2016

Mar 1, 2016 - Codes committee Vote

Codes Committee Vote: Mar 1, 2016

May 12, 2015 - floor Vote

Floor Vote: May 12, 2015

Mar 10, 2015 - Codes committee Vote

Codes Committee Vote: Mar 10, 2015

Co-Sponsors

S3402 (ACTIVE) - Details

S3402 (ACTIVE) - Summary

S3402 (ACTIVE) - Sponsor Memo

S3402 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3402

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Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 8, 2016 - floor Vote

Floor Vote: Mar 8, 2016

Mar 1, 2016 - Codes committee Vote

Codes Committee Vote: Mar 1, 2016

May 12, 2015 - floor Vote

Floor Vote: May 12, 2015

Mar 10, 2015 - Codes committee Vote

Codes Committee Vote: Mar 10, 2015

Co-Sponsors

S3402 (ACTIVE) - Details

S3402 (ACTIVE) - Summary

S3402 (ACTIVE) - Sponsor Memo

S3402 (ACTIVE) - Bill Text download pdf

Comments