S T A T E   O F   N E W   Y O R K
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                                  8675

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            October 27, 2011
                               ___________

Introduced  by  M.  of  A. SMARDZ, CROUCH, McDONOUGH, CORWIN, LOSQUADRO,
  HAWLEY, GRAF, BURLING, MONTESANO, CONTE, GABRYSZAK --  Multi-Sponsored
  by  --  M.  of A. ARROYO -- read once and referred 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13430-02-1

              

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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.

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  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.