Bill S3639-2013

Relates to penalties for the crimes relating to methamphetamine laboratory operations

Relates to penalties for the crimes relating to methamphetamine laboratory operations, including criminal possession of methamphetamine manufacturing materials and unlawful manufacture of methamphetamines.

Details

Actions

  • Apr 28, 2014: referred to codes
  • Apr 28, 2014: DELIVERED TO ASSEMBLY
  • Apr 28, 2014: PASSED SENATE
  • Mar 4, 2014: ADVANCED TO THIRD READING
  • Mar 3, 2014: 2ND REPORT CAL.
  • Feb 27, 2014: 1ST REPORT CAL.216
  • Jan 8, 2014: REFERRED TO CODES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Apr 24, 2013: referred to codes
  • Apr 23, 2013: DELIVERED TO ASSEMBLY
  • Apr 23, 2013: PASSED SENATE
  • Apr 22, 2013: ORDERED TO THIRD READING CAL.390
  • Apr 22, 2013: REPORTED AND COMMITTED TO RULES
  • Feb 7, 2013: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - Feb 27, 2014
Ayes (11): Nozzolio, Boyle, DeFrancisco, Flanagan, Gallivan, Golden, Lanza, O'Mara, Squadron, Perkins, O'Brien
Ayes W/R (1): Hoylman
Nays (2): Espaillat, Krueger

Memo

BILL NUMBER:S3639

TITLE OF BILL: An act to amend the penal law, in relation to penalties for the crimes of criminal possession of methamphetamine manufacturing material and unlawful manufacture of methamphetamine

PURPOSE: To amend the penal law, increasing the penalties for the criminal possession of methamphetamine manufacturing material and unlawful manufacture of methamphetamine.

SUMMARY OF PROVISIONS: Amends section 220.70 of the penal law making it a Class felony for the criminal possession of methamphetamine manufacturing material in the second degree. The penalty is a class A misdemeanor under current law. Amends Section 220.71 of the penal law making it a Class D felony for the criminal possession of methamphetamine manufacturing material in the first degree. The penalty is a Class E felony under the current law. Amends Section 220.73 of the penal law making it a Class C felony for the unlawful manufacture of methamphetamine in the third degree. The penalty is a Class D felony under the current law. law. Amends Section 220.74 of the penal law making it a Class B felony for the unlawful manufacture of methamphetamine in the second degree. The penalty is a Class C felony under the current law. law. Amends Section 220.75 of the penal law, making it a Class A-1 felony for the unlawful manufacture of methamphetamine in the first degree. The penalty is a Class B felony under the current law.

JUSTIFICATION:, The US Department of Justice National Drug Intelligence Center has reported domestic methamphetamine availability is at a five year high, the result of increasing large scale Production of the drug in Mexico and increases in the small scale production in the United States. For the second consecutive year, seizures of methamphetamine laboratories in the United States have risen as a result of the prevalence of what US Department of Justice refers to as small scale "one pot" or "shake and bake" laboratories.

In New York State, there were eleven clandestine laboratories/incident reported during the second quarter of 2011. This represents an increase of over 500% compared to reports during the same period in 2010. The New York State Intelligence Center estimates that should such trends continue, it is probable that there will be forty or more reported clandestine laboratory incidents in 2011, the first time New York will have reached such a rate since 2004.

The costs of methamphetainine and its manufacturing to state and local governments is exorbitant, with the Independent Rand Corporation estimating in 2009 that the drugs economic cost to society could reach $48 billion. In addition such laboratories and toxic dumpsites pose a significant threat to our children, the health of our communities, and our environment.

This legislation seeks to increase the penalties for the unlawful possession of materials related to methamphetamine and its manufacturing. By providing law enforcement and the judicial system the tools necessary to limit the growth of methamphetarnine laboratories in New York State, it will provide a greater level of security for communities and a preemptive measure by the state to prevent a growing problem from manifesting within its boundaries.

PRIOR LEGISLATIVE HISTORY: 2012: S. 7084

FISCAL IMPLICATIONS: To be determined.

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 ________________________________________________________________________ 3639 2013-2014 Regular Sessions IN SENATE February 7, 2013 ___________
Introduced by Sens. O'MARA, BALL, DeFRANCISCO -- 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 penalties for the crimes of criminal possession of methamphetamine manufacturing material and unlawful manufacture of methamphetamine THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 220.70 of the penal law, as added by chapter 394 of the laws of 2005, is amended to read as follows: S 220.70 Criminal possession of methamphetamine manufacturing material in the second degree. A person is guilty of criminal possession of methamphetamine manufac- turing material in the second degree when he or she possesses a precur- sor, a chemical reagent or a solvent with the intent to use or knowing another intends to use such precursor, chemical reagent, or solvent to unlawfully produce, prepare or manufacture methamphetamine. Criminal possession of methamphetamine manufacturing material in the second degree is a class [A misdemeanor] E FELONY. S 2. Section 220.71 of the penal law, as added by chapter 394 of the laws of 2005, is amended to read as follows: S 220.71 Criminal possession of methamphetamine manufacturing material in the first degree. A person is guilty of criminal possession of methamphetamine manufac- turing material in the first degree when he or she commits the offense of criminal possession of methamphetamine manufacturing material in the second degree, as defined in section 220.70 of this article, and has previously been convicted within the preceding five years of criminal possession of methamphetamine manufacturing material in the second degree, as defined in section 220.70 of this article, or a violation of this section. Criminal possession of methamphetamine manufacturing material in the first degree is a class [E] D felony. S 3. Section 220.73 of the penal law, as added by chapter 394 of the laws of 2005, is amended to read as follows:
S 220.73 Unlawful manufacture of methamphetamine in the third degree. A person is guilty of unlawful manufacture of methamphetamine in the third degree when he or she possesses at the same time and location, with intent to use, or knowing that another intends to use each such product to unlawfully manufacture, prepare or produce methamphetamine: 1. Two or more items of laboratory equipment and two or more precur- sors, chemical reagents or solvents in any combination; or 2. One item of laboratory equipment and three or more precursors, chemical reagents or solvents in any combination; or 3. A precursor: (a) mixed together with a chemical reagent or solvent; or (b) with two or more chemical reagents and/or solvents mixed together. Unlawful manufacture of methamphetamine in the third degree is a class [D] C felony. S 4. Section 220.74 of the penal law, as added by chapter 394 of the laws of 2005, is amended to read as follows: S 220.74 Unlawful manufacture of methamphetamine in the second degree. A person is guilty of unlawful manufacture of methamphetamine in the second degree when he or she: 1. Commits the offense of unlawful manufacture of methamphetamine in the third degree as defined in section 220.73 of this article in the presence of another person under the age of sixteen, provided, however, that the actor is at least five years older than such other person under the age of sixteen; or 2. Commits the crime of unlawful manufacture of methamphetamine in the third degree as defined in section 220.73 of this article and has previ- ously been convicted within the preceding five years of the offense of criminal possession of precursors of methamphetamine as defined in section 220.72 of this article, criminal possession of methamphetamine manufacturing material in the first degree as defined in section 220.71 of this article, unlawful disposal of methamphetamine laboratory materi- al as defined in section 220.76 of this article, unlawful manufacture of methamphetamine in the third degree as defined in section 220.73 of this article, unlawful manufacture of methamphetamine in the second degree as defined in this section, or unlawful manufacture of methamphetamine in the first degree as defined in section 220.75 of this article. Unlawful manufacture of methamphetamine in the second degree is a class [C] B felony. S 5. Section 220.75 of the penal law, as added by chapter 394 of the laws of 2005, is amended to read as follows: S 220.75 Unlawful manufacture of methamphetamine in the first degree. A person is guilty of unlawful manufacture of methamphetamine in the first degree when such person commits the crime of unlawful manufacture of methamphetamine in the second degree, as defined in subdivision one of section 220.74 of this article, after having previously been convicted within the preceding five years of unlawful manufacture of methamphetamine in the third degree, as defined in section 220.73, unlawful manufacture of methamphetamine in the second degree, as defined in section 220.74 of this article, or unlawful manufacture of methamphe- tamine in the first degree, as defined in this section. Unlawful [manufacturer] MANUFACTURE of methamphetamine in the first degree is a class [B] A-I 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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