Bill Text: NY A05103 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the transport of an opiate controlled substance.

Spectrum: Partisan Bill (Republican 12-0)

Status: (Introduced - Dead) 2020-01-06 - enacting clause stricken [A05103 Detail]

Download: New_York-2019-A05103-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5103
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2019
                                       ___________
        Introduced  by  M.  of  A.  RAIA,  CROUCH,  FRIEND, PALMESANO, BRABENEC,
          GIGLIO, BLANKENBUSH -- read once and  referred  to  the  Committee  on
          Codes
        AN ACT to amend the penal law, in relation to the transport of an opiate
          controlled substance
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 220.00 of the penal law is amended by adding a  new
     2  subdivision 21 to read as follows:
     3    21. "Opiate controlled substance" means any substance listed in sched-
     4  ule  I,  II,  III,  IV  or  V of section thirty-three hundred six of the
     5  public health law that is classified as either an opiate or opium deriv-
     6  ative under such law.
     7    § 2. The penal law is amended by adding two new  sections  220.80  and
     8  220.85 to read as follows:
     9  § 220.80  Transport  of  an  opiate  controlled  substance in the second
    10             degree.
    11    A person is guilty of transport of an opiate controlled  substance  in
    12  the  second  degree  when  he  or  she  unlawfully  transports an opiate
    13  controlled substance any distance greater than  five  miles  within  the
    14  state  or  from one county within the state to another county within the
    15  state, for his or her own personal use.
    16    Transport of an opiate controlled substance in the second degree is  a
    17  class E felony.
    18  § 220.85 Transport  of  an  opiate  controlled  substance  in  the first
    19             degree.
    20    A person is guilty of transport of an opiate controlled  substance  in
    21  the  first  degree  when  he  or  she  unlawfully  transports  an opiate
    22  controlled substance any distance greater than  five  miles  within  the
    23  state  or  from one county within the state to another county within the
    24  state.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04387-01-9
        A. 5103                             2
     1    It shall be  a  defense  to  the  crime  of  transport  of  an  opiate
     2  controlled  substance  in  the  first  degree that the opiate controlled
     3  substance transported was exclusively for the defendant's  own  personal
     4  use. Nothing contained in this paragraph shall constitute a defense to a
     5  prosecution  for,  or  preclude  a conviction of, transport of an opiate
     6  controlled substance in the second degree or any other crime.
     7    Transport of an opiate controlled substance in the first degree  is  a
     8  class B felony.
     9    §  3.  This  act shall take effect on the ninetieth day after it shall
    10  have become a law.