Bill Text: NY A05737 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Strong Partisan Bill (Republican 11-1)

Status: (Introduced - Dead) 2020-07-17 - held for consideration in codes [A05737 Detail]

Download: New_York-2019-A05737-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5737
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 14, 2019
                                       ___________
        Introduced  by M. of A. MIKULIN -- read once and referred to the Commit-
          tee 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:
     1    Section  1.  The closing paragraph of section 178.10 of the penal law,
     2  as added by chapter 81 of the laws  of  1995,  is  amended  to  read  as
     3  follows:
     4    Criminal  diversion  of  prescription medications and prescriptions in
     5  the fourth degree is a class [A misdemeanor] E felony.
     6    § 2. The closing paragraph of section 178.15  of  the  penal  law,  as
     7  added by chapter 81 of the laws of 1995, is amended to read as follows:
     8    Criminal  diversion  of  prescription medications and prescriptions in
     9  the third degree is a class [E] D felony.
    10    § 3. The closing paragraph of section 178.20  of  the  penal  law,  as
    11  added by chapter 81 of the laws of 1995, is amended to read as follows:
    12    Criminal  diversion  of  prescription medications and prescriptions in
    13  the second degree is a class [D] C felony.
    14    § 4. The closing paragraph of section 178.25  of  the  penal  law,  as
    15  added by chapter 81 of the laws of 1995, is amended to read as follows:
    16    Criminal  diversion  of  prescription medications and prescriptions in
    17  the first degree is a class [C] B felony.
    18    § 5. The closing paragraph of section 220.65  of  the  penal  law,  as
    19  amended  by  chapter  31  of  the  laws  of  2014, is amended to read as
    20  follows:
    21    Criminal sale of a prescription for a controlled  substance  or  of  a
    22  controlled  substance  by  a practitioner or pharmacist is a class [C] B
    23  felony.
    24    § 6. This act shall take effect on the first of November next succeed-
    25  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.
                                                                   LBD09475-01-9