Bill S1177-2013

Increases penalties for the crimes of criminal diversion of prescription medications and prescriptions and criminal sale of a prescription

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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  • Jan 8, 2014: REFERRED TO CODES
  • Jan 9, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S1177

TITLE OF BILL: 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 criminal sale of a prescription

PURPOSE: To deter the theft and subsequent illegal sale of prescriptions and prescription medications.

SUMMARY OF PROVISIONS: Section one increases the penalty for criminal diversion of prescription medications in the fourth degree from a class A misdemeanor to a class E felony.

Section two increases the penalty for criminal diversion of prescription medications in the third degree from a class E felony to a class D felony.

Section three increases the penalty for criminal diversion of prescription medications in the second degree from a class D felony to a class C felony.

Section four increases the penalty for criminal diversion of prescription medications in the first degree from a class C felony to a class B felony.

Section five increases the penalty for criminal sale of a prescription from a class C to a class B felony.

Section six sets the effective date as the first of November next succeeding the date on which it shall have become a law.

JUSTIFICATION: According to the State Department of Health as many as 1.4 million blank prescription forms have been stolen from New York City hospitals since 2008 and are being sold by criminal gangs to drug users of prescription pain killers. Once obtained, blank prescription forms can be forged and used to obtain highly addictive prescription medications such as oxycodone, which has led to overdoses in some cases.

Current law requires hospitals to have safeguards in place to protect against the theft of printable prescription forms. This bill will deter those responsible for the theft and sale of prescription forms by increasing the penalties for a crime that is increasingly problematic.

LEGISLATIVE HISTORY: S.6035 (2012)

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1177 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. MARTINS, MAZIARZ -- 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 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.

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