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.

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A9033-2011 Actions

• May 22, 2012: held for consideration in codes
• Jan 17, 2012: referred to codes

A9033-2011 Text

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

                                    9033

                            I N  ASSEMBLY

                              January 17, 2012
                                 ___________

  Introduced by M. of A. McKEVITT -- read once and referred to the Commit-
    tee 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 118 of the laws of 1986, is amended to read as follows:

    Criminal sale of a prescription 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.
                                                             LBD13631-01-1