S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3402

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 6, 2015
                               ___________

Introduced  by  Sen.  HANNON -- 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  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 TWO HUNDRED EIGHTY-ONE OF THE
PUBLIC HEALTH LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08700-01-5

              

S. 3402                             2

  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 TWO HUNDRED EIGHTY-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 TWO HUNDRED EIGHTY-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.