S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1481
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2025
                                ___________
 
 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] SUCH PERSON
 possesses a precursor, 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  meth-
 amphetamine.
   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] SUCH PERSON 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03322-01-5
              

 S. 1481                             2
 
   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:
 § 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] SUCH PERSON 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  meth-
 amphetamine:
   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] SUCH PERSON:
   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.
 S. 1481                             3
 
   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.