Bill S3494-2015

Establishes the crime of larceny of a controlled substance

Establishes the crime of larceny of a controlled substance making it an A-II felony to steal a schedule II, III, IV, or V controlled substance from a pharmacy.

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  • Feb 10, 2015: REFERRED TO CODES

Memo

BILL NUMBER:S3494

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

PURPOSE OR GENERAL IDEA OF BILL: 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 these escalating occurrences 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.

PRIOR LEGISLATIVE HISTORY: 2013/2014: A.9926 - Died in Codes.S.7348 Died in Codes.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3494 2015-2016 Regular Sessions IN SENATE February 10, 2015 ___________
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.

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