S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2123
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by  Sen.  O'MARA -- 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 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:
 § 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.
   §  2.  Section 220.71 of the penal law, as added by chapter 394 of the
 laws of 2005, is amended to read as follows:
 § 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
 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.
   §  3.  Section 220.73 of the penal law, as added by chapter 394 of the
 laws of 2005, is amended to read as follows:
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07057-01-7

 S. 2123                             2
 
 § 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.
   § 4. Section 220.74 of the penal law, as added by chapter 394  of  the
 laws of 2005, is amended to read as follows:
 § 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.
   §  5.  Section 220.75 of the penal law, as added by chapter 394 of the
 laws of 2005, is amended to read as follows:
 § 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.
   Unlawful [manufacturer] MANUFACTURE of methamphetamine  in  the  first
 degree is a class [B] A-I felony.
   § 6. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.