NY State Senate Bill 2011-S6035

Senate Bill S6035

2011-2012 Legislative Session

Increases penalties for the crimes of criminal diversion of prescription medications and prescriptions and criminal sale of a prescription

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 21, 2012	committed to rules
May 14, 2012	advanced to third reading
May 09, 2012	2nd report cal.
May 08, 2012	1st report cal.710
Jan 04, 2012	referred to codes

Votes

- May 8, 2012 - Codes Committee Vote
  S6035
  
  14
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 8, 2012
      
      aye (14)
      
      DeFrancisco
      
      Espaillat
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Huntley
      
      Lanza
      
      Nozzolio
      
      O'Mara
      
      Perkins
      
      Saland
      
      Squadron
      
      aye wr (1)
      
      Duane
      
      absent (1)
      
      Parker

2011-S6035 (ACTIVE) - Details

See Assembly Version of this Bill:: A9033
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §§178.10, 178.15, 178.20, 178.25 & 220.65, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1177, A5767
2015-2016: S210, A3931
2017-2018: S3786, A3089, A10664
2019-2020: A5737
2021-2022: A5650
2023-2024: A4194
2025-2026: A1059

2011-S6035 (ACTIVE) - Summary

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.

2011-S6035 (ACTIVE) - Sponsor 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.

2011-S6035 (ACTIVE) - Bill Text download pdf

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

                                  6035

                            I N  S E N A T E

                               (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

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