S6035-2011 - NY Senate Open Legislation - 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.

Sponsor: MARTINS / Committee: RULES
Law Section: Penal Law / Law: Amd SS178.10, 178.15, 178.20, 178.25 & 220.65, Pen L

S6035-2011 Actions

Jun 21, 2012: COMMITTED TO RULES
May 14, 2012: ADVANCED TO THIRD READING
May 9, 2012: 2ND REPORT CAL.
May 8, 2012: 1ST REPORT CAL.710
Jan 4, 2012: REFERRED TO CODES

S6035-2011 Meetings

Codes: May 8, 2012

S6035-2011 Calendars

S6035-2011 Votes

VOTE: COMMITTEE VOTE: - Codes - May 8, 2012

Ayes (14): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Perkins, Squadron, Espaillat
Ayes W/R (1): Duane

S6035-2011 Memo

BILL NUMBER:S6035

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:
This is a new bill.

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.

S6035-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          6035
 I N  SENATE
 (PREFILED)
 January 4, 2012
 
 Introduced  by  Sen. MARTINS -- 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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13631-01-1

S6035-2011: Increases penalties for the crimes of criminal diversion of prescription medications and prescriptions and criminal sale of a prescription