Bill S2430-2013

Elevates the severity of criminal trespass and burglary offenses committed upon the premises of a pharmacy

Elevates the severity of criminal trespass and burglary offenses committed upon the premises of a pharmacy.

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  • Jan 8, 2014: REFERRED TO CODES
  • Jan 17, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S2430

TITLE OF BILL: An act to amend the penal law, in relation to criminal trespass and burglary upon the premises of a pharmacy

PURPOSE: Increases the criminal penalties for criminal trespass and burglary committed in pharmacies.

SUMMARY OF PROVISIONS:

Section 1: Amends § 140.00 of the penal law by adding a new subdivision six defining pharmacies for the purpose of the article to mean the area within a building where the practice of pharmacy as defined in the education law is practiced.

Section 2: Amends subdivision 2 of § 140.15 of the penal law to include pharmacies.

Section 3: Amends subdivision 2 of § 140.25 of the penal law to include pharmacies.

Section 4: Amends the opening paragraph of § 140.30 of the penal law by adding a reference to pharmacies.

Section 5: Provides for an effective date on the first of November next succeeding the date on which the bill shall have become law.

JUSTIFICATION: On June 19, 2011 four people, including a pharmacist, a 17-year old clerk, and two customers, aged 71 and 33, were executed in a pharmacy in Medford, Long Island by two suspects that robbed the pharmacy in order to get their hands on hydrocodone pills. On December 31st, 2011, an off-duty Bureau of Alcohol, Tobacco, and Firearms (ATM) agent and an alleged robber were killed when an attempted robbery at a pharmacy in Seaford, Long Island ended in a shoot-out. The robber is said to have demanded money and oxycontin from the pharmacists. These two deadly incidents are just two of the most shocking cases highlighting the increase in crime and violence directed towards pharmacies that have resulted from the growing epidemic of prescription drug abuse.

The increase in crimes against pharmacies has been nationwide. Between 2006 and 2010, according to the Drug Enforcement Administration (DEA), robberies rose from 380 to 686, an increase of 79%. The number of pills went from 706,000 to 1.3 million. In New York State, according to the DEA, the increase in pharmacy robberies was from 4 in 2006 to 30 in 2010. The increase in violence has driven some pharmacies to stop stocking opioid analgesics and posting signs on their windows advertising this to deter criminals.

This bill would raise the criminal penalties that individuals could be charged with if they commit certain crimes inside of pharmacies. In

particular this would raise the penalties for entering without permission into any part of a building in which the profession of pharmacy is conducted in order to commit a further crime, such as larceny. This bill only applies to those section of a building in which pharmacy is practiced, so it would not apply to actions carried out in other parts of multi-purpose establishments that may contain a pharmacy area as part of their services. This bill would treat the pharmacy section of buildings similarly to private dwellings with regards to the crime of burglary. Increasing criminal penalties will give prosecutors greater leverage against criminals who target pharmacies and also will help deter attempts to burglar pharmacies in the future.

LEGISLATIVE HISTORY: Same as S. 6724 of 2012, Codes Committee

FISCAL IMPLICATIONS: None to the state.

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


Text

STATE OF NEW YORK ________________________________________________________________________ 2430 2013-2014 Regular Sessions IN SENATE January 17, 2013 ___________
Introduced by Sens. KLEIN, MAZIARZ, VALESKY -- 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 criminal trespass and burglary upon the premises of a pharmacy THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 140.00 of the penal law is amended by adding a new subdivision 6 to read as follows: 6. "PHARMACY" MEANS THAT AREA WITHIN A BUILDING AT WHICH THE PRACTICE OF THE PROFESSION OF PHARMACY IS CONDUCTED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW. S 2. Subdivision 1 of section 140.15 of the penal law, as amended by chapter 315 of the laws of 2010, is amended to read as follows: 1. he or she knowingly enters or remains unlawfully in a dwelling OR A PHARMACY; or S 3. Subdivision 2 of section 140.25 of the penal law, as amended by chapter 361 of the laws of 1981, is amended to read as follows: 2. The building is a dwelling, OR THE PORTION OF THE BUILDING THAT IS A PHARMACY. S 4. The opening paragraph of section 140.30 of the penal law, as amended by chapter 361 of the laws of 1981, is amended to read as follows: A person is guilty of burglary in the first degree when he OR SHE knowingly enters or remains unlawfully in a dwelling OR A PHARMACY with intent to commit a crime therein, and when, in effecting entry or while in the dwelling or in immediate flight therefrom, he OR SHE or another participant in the crime: S 5. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

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