Bill S6743A-2011

Establishes criminal offenses for the theft and unlawful possession of a blank official New York state prescription form

Includes within the class D felony of grand larceny in the fourth degree, the theft of a blank official New York state prescription form; includes within the class D felony of criminal possession of stolen property in the fourth degree, the possession of a stolen blank official New York state prescription form; establishes the class A misdemeanor of criminal possession of a prescription form, for the unlawful possession of a blank official New York state prescription form.

Details

Actions

  • Jun 18, 2012: referred to codes
  • Jun 18, 2012: DELIVERED TO ASSEMBLY
  • Jun 18, 2012: PASSED SENATE
  • Jun 18, 2012: ORDERED TO THIRD READING CAL.1281
  • Jun 18, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 13, 2012: PRINT NUMBER 6743A
  • Jun 13, 2012: AMEND (T) AND RECOMMIT TO CODES
  • Mar 16, 2012: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 18, 2012
Ayes (21): Skelos, Farley, Fuschillo, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Hassell-Thompson, Krueger, Parker, Smith, Stewart-Cousins
Ayes W/R (2): Duane, Montgomery
Excused (2): Alesi, Perkins

Memo

BILL NUMBER:S6743A

TITLE OF BILL: An act to amend the penal law, in relation to the theft and unlawful possession of a blank official New York state prescription form

PURPOSE: This bill creates three criminal penalties which encompass the unlawful theft or possession of a blank official New York state prescription form.

SUMMARY OF PROVISIONS: Section one of the bill adds subsection (12) to §155.30 of the Penal Law to include a blank official New York state prescription form to the list of property covered by grand larceny in the fourth degree.

Section two of the bill adds subsection (8) to §165.45 of the Penal Law to include a blank official New York state prescription form to the list of property covered by criminal possession of stolen property in the fourth degree.

Section three adds a §220.67 to the Penal Law to create the crime of criminal possession of a prescription form. A person is guilty of criminal possession of a prescription form when such person knowingly possesses a blank official New York State prescription form, unless such person is legally authorized to possess the form or such person is an employee of a person legally authorized to posses the form acting within the scope of his or her employment.

Section four provides that the act shall take effect on the first of November next succeeding its enactment.

JUSTIFICATION: Prescription drug abuse is a growing crisis in both New York State and the country at large. In this state, there has been armed violence, deaths by overdose and suicide, and increasing rates of addiction. New York State has a preeminent program for combating prescription theft and forgery. In the mid-1980s, the state instituted triplicate forms for controlled substances and saw a 54% decrease in forgeries. Unfortunately, this system and current penal laws are insufficient to counter the theft, possession, and sale of blank official prescription forms. Current law forces authorities to wait until someone sells a prescription form before law enforcement can act.

Last year, the Office of the New York City special Prosecutor exposed a drug ring on Staten Island and indicted 31 people. The extensive drug trafficking ring sold Oxycodone to customers out of an ice cream truck. The endeavor injected nearly 43,000 pills into the New York City metropolitan area, worth an estimated $1 million. Prosecutors also found 300 illegally obtained prescription forms. The leaders of the drug ring purchased the blank prescription forms from a medical receptionist, who pilfered them from her employer. Unfortunately, in similar situations, current law precludes the investigators from

acting until the person taking or holding a blank form sells it to someone else.

This bill creates a criminal penalty for three specific situations. First, grand larceny, a class E felony, will punish someone who steals a blank prescription form. Second, criminal possession of stolen property, which occurs when someone possesses a blank prescription form, knowing it is stolen and intending to benefit from it. This is also a class E felony. Finally, criminal possession of a prescription form, a class A misdemeanor, punishes someone who knowingly and unlawfully possesses a blank official New York state prescription form. These changes are necessary to combat the criminal diversion of prescription drugs, which feeds addiction, increases overdose and suicide rates, and fuels profits for drug dealers and other criminals.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: The act shall take effect on the first of November next succeeding its enactment.


Text

STATE OF NEW YORK ________________________________________________________________________ 6743--A IN SENATE March 16, 2012 ___________
Introduced by Sens. HANNON, GOLDEN, LARKIN, LAVALLE, LITTLE, MARTINS, MAZIARZ, McDONALD, RANZENHOFER, RITCHIE, ZELDIN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to the theft and unlawful possession of a blank official New York state prescription form THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 9, 10 and 11 of section 155.30 of the penal law, subdivision 9 as amended by chapter 479 of the laws of 2010, subdi- vision 10 as added by chapter 491 of the laws of 1992 and subdivision 11 as added by chapter 394 of the laws of 2005, are amended and a new subdivision 12 is added to read as follows: 9. The property consists of a scroll, religious vestment, a vessel, an item comprising a display of religious symbols which forms a represen- tative expression of faith, or other miscellaneous item of property which: (a) has a value of at least one hundred dollars; and (b) is kept for or used in connection with religious worship in any building, structure or upon the curtilage of such building or structure used as a place of religious worship by a religious corporation, as incorporated under the religious corporations law or the education law[.]; OR 10. The property consists of an access device which the person intends to use unlawfully to obtain telephone service[.]; OR 11. The property consists of anhydrous ammonia or liquified ammonia gas and the actor intends to use, or knows another person intends to use, such anhydrous ammonia or liquified ammonia gas to manufacture methamphetamine[.]; OR 12. THE PROPERTY CONSISTS OF A BLANK OFFICIAL NEW YORK STATE PRESCRIPTION FORM, AS SET FORTH IN SECTION TWENTY-ONE OF THE PUBLIC HEALTH LAW.
S 2. Subdivisions 6 and 7 of section 165.45 of the penal law, subdivi- sion 6 as added by chapter 450 of the laws of 1990 and subdivision 7 as added by chapter 394 of the laws of 2005, are amended and a new subdivi- sion 8 is added to read as follows: 6. The property consists of a scroll, religious vestment, vessel or other item of property having a value of at least one hundred dollars kept for or used in connection with religious worship in any building or structure used as a place of religious worship by a religious corpo- ration, as incorporated under the religious corporations law or the education law[.]; OR 7. The property consists of anhydrous ammonia or liquified ammonia gas and the actor intends to use, or knows another person intends to use, such anhydrous ammonia or liquified ammonia gas to manufacture meth- amphetamine[.]; OR 8. THE PROPERTY CONSISTS OF A BLANK OFFICIAL NEW YORK STATE PRESCRIPTION FORM, AS SET FORTH IN SECTION TWENTY-ONE OF THE PUBLIC HEALTH LAW. S 3. The penal law is amended by adding a new section 220.67 to read as follows: S 220.67 CRIMINAL POSSESSION OF A PRESCRIPTION FORM. A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A PRESCRIPTION FORM WHEN SUCH PERSON KNOWINGLY POSSESSES A BLANK OFFICIAL NEW YORK STATE PRESCRIPTION FORM, AS SET FORTH IN SECTION TWENTY-ONE OF THE PUBLIC HEALTH LAW, UNLESS: (A) SUCH PERSON IS LEGALLY AUTHORIZED, ACCORDING TO THE LAWS AND REGU- LATIONS OF NEW YORK STATE, TO POSSESS SUCH PRESCRIPTION FORM; OR (B) SUCH PERSON IS AN EMPLOYEE OF A PERSON LEGALLY AUTHORIZED TO POSSESS SUCH PRESCRIPTION FORM, ACCORDING TO THE LAWS AND REGULATIONS OF NEW YORK STATE, AND POSSESSES SUCH PRESCRIPTION FORM DURING THE COURSE AND SCOPE OF SUCH PERSON'S EMPLOYMENT. CRIMINAL POSSESSION OF A PRESCRIPTION FORM IS A CLASS A MISDEMEANOR. S 4. This act shall take effect on the first of November next succeed- ing the date upon which it shall have become a law.

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