S7348-2011 Actions

• May 2, 2012: REFERRED TO CODES

S7348-2011 Memo

BILL NUMBER:S7348

TITLE OF BILL:
An act to amend the penal law, in relation to establishing the crime
of larceny of a controlled substance

PURPOSE:
To establish the crime of larceny of a controlled substance.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill adds a new section to Penal law 220.80, larceny
of a controlled substance. Section 2 of the bill is the effective
date.

JUSTIFICATION:
In recent years pharmacy robberies have escalated to a new dimension.
The U.S. Drug Enforcement Administration has reported that armed
robberies of pharmacies across the nation increased 51% between 2006
and 2010. Addiction to prescription drugs, such as OxyContin and
hydrocodone based pain pills, are causing this increase. In New York
State, according to the Drug Enforcement Administration, pharmacy
robberies have increased from 4 in 2006 to 30 in 2010.

In light of this escalating occurrence of pharmacy robberies
statewide, increasing the penalties to deter these crimes is
necessary. This bill creates the crime of larceny of a controlled
substance from a pharmacy. The controlled substances include schedule
III, IV or V under section 3306 of the Public Health Law. The bill
makes larceny of a controlled substance from a pharmacy a class A-II
felony and subjects the felon to lifetime probation.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S7348-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7348
 I N  SENATE
 May 2, 2012
 
 Introduced  by  Sen.  LANZA  -- 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 establishing the crime  of
 larceny of a controlled substance
 

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

 

Section 1. The penal law is amended by adding a new section 220.80  to
 read as follows:

 

S 220.80 LARCENY OF A CONTROLLED SUBSTANCE.
 A PERSON IS GUILTY OF LARCENY OF A CONTROLLED SUBSTANCE WHEN HE OR SHE
 COMMITS THE CRIME OF LARCENY AND THE STOLEN PROPERTY INCLUDES A SCHEDULE
 II,  III, IV, OR V CONTROLLED SUBSTANCE STOLEN FROM A PHARMACY.  FOR THE
 PURPOSES OF THIS SECTION:

 1. "LARCENY" HAS THE SAME MEANING AS DEFINED IN SECTION 155.05 OF THIS
 PART.
 2. "PHARMACY" MEANS ANY PLACE IN WHICH DRUGS, PRESCRIPTIONS OR POISONS
 ARE POSSESSED FOR THE PURPOSE OF COMPOUNDING, PRESERVING, DISPENSING  OR
 RETAILING,  OR  IN WHICH DRUGS, PRESCRIPTIONS OR POISONS ARE COMPOUNDED,
 PRESERVED, DISPENSED OR RETAILED, OR IN WHICH SUCH DRUGS,  PRESCRIPTIONS
 OR POISONS ARE BY ADVERTISING OR OTHERWISE OFFERED FOR SALE AT RETAIL.
 3.  "SCHEDULE  II,  III,  IV,  OR  V  CONTROLLED  SUBSTANCE" MEANS ANY
 SUBSTANCE LISTED IN SCHEDULES II, III, IV, AND V OF SECTION THIRTY-THREE
 HUNDRED SIX OF THE PUBLIC HEALTH LAW.
 LARCENY OF A CONTROLLED SUBSTANCE IS A CLASS A-II FELONY.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15395-01-2

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