S T A T E O F N E W Y O R K
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5800
2021-2022 Regular Sessions
I N A S S E M B L Y
February 25, 2021
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Introduced by M. of A. PALMESANO -- read once and referred 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:
§ 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.
§ 2. Section 220.71 of the penal law, as added by chapter 394 of the
laws of 2005, is amended to read as follows:
§ 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.
§ 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.
LBD08018-01-1
A. 5800 2
§ 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.
§ 4. Section 220.74 of the penal law, as added by chapter 394 of the
laws of 2005, is amended to read as follows:
§ 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.
§ 5. Section 220.75 of the penal law, as added by chapter 394 of the
laws of 2005, is amended to read as follows:
§ 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.
§ 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.