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Assembly Bill A3295

2017-2018 Legislative Session

Relates to the transport of an opiate controlled substance

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Archive: Last Bill Status - In Assembly Committee

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2017-A3295 (ACTIVE) - Details

See Senate Version of this Bill:
S607
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §220.00, add §§220.80 & 220.85, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7659
2015-2016: A8286, S608
2019-2020: A5103, S617

2017-A3295 (ACTIVE) - Summary

Relates to the transport of an opiate controlled substance.

2017-A3295 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3295
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced by M. of A. RAIA, CROUCH, FRIEND, PALMESANO, BRABENEC -- read
   once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to the transport of an opiate
   controlled substance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 220.00 of the penal law is amended by adding a  new
 subdivision 21 to read as follows:
   21. "OPIATE CONTROLLED SUBSTANCE" MEANS ANY SUBSTANCE LISTED IN SCHED-
 ULE  I,  II,  III,  IV  OR  V OF SECTION THIRTY-THREE HUNDRED SIX OF THE
 PUBLIC HEALTH LAW THAT IS CLASSIFIED AS EITHER AN OPIATE OR OPIUM DERIV-
 ATIVE UNDER SUCH LAW.
   § 2. The penal law is amended by adding two new  sections  220.80  and
 220.85 to read as follows:
 § 220.80  TRANSPORT  OF  AN  OPIATE  CONTROLLED  SUBSTANCE IN THE SECOND
            DEGREE.
   A PERSON IS GUILTY OF TRANSPORT OF AN OPIATE CONTROLLED  SUBSTANCE  IN
 THE  SECOND  DEGREE  WHEN  HE  OR  SHE  UNLAWFULLY  TRANSPORTS AN OPIATE
 CONTROLLED SUBSTANCE ANY DISTANCE GREATER THAN  FIVE  MILES  WITHIN  THE
 STATE  OR  FROM ONE COUNTY WITHIN THE STATE TO ANOTHER COUNTY WITHIN THE
 STATE, FOR HIS OR HER OWN PERSONAL USE.
   TRANSPORT OF AN OPIATE CONTROLLED SUBSTANCE IN THE SECOND DEGREE IS  A
 CLASS E FELONY.
 § 220.85 TRANSPORT  OF  AN  OPIATE  CONTROLLED  SUBSTANCE  IN  THE FIRST
            DEGREE.
   A PERSON IS GUILTY OF TRANSPORT OF AN OPIATE CONTROLLED  SUBSTANCE  IN
 THE  FIRST  DEGREE  WHEN  HE  OR  SHE  UNLAWFULLY  TRANSPORTS  AN OPIATE
 CONTROLLED SUBSTANCE ANY DISTANCE GREATER THAN  FIVE  MILES  WITHIN  THE
 STATE  OR  FROM ONE COUNTY WITHIN THE STATE TO ANOTHER COUNTY WITHIN THE
 STATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05395-01-7

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