Bill Text: NY S04297 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 4297

Introduced

Bill Title: Establishes the crime of larceny of a controlled substance making it an A-II felony to steal more than 25 dosage units of a schedule II, III, IV, or V controlled substance from a pharmacy.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S04297 Detail]

Download: New_York-2023-S04297-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          4297

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 7, 2023
                                       ___________

        Introduced  by  Sen.  LANZA  -- 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 establishing the crime  of
          larceny of a controlled substance

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The penal law is amended by adding a new section 220.80  to
     2  read as follows:
     3  § 220.80 Larceny of a controlled substance.
     4    A person is guilty of larceny of a controlled substance when he or she
     5  commits  the  crime  of larceny and the stolen property consists of more
     6  than twenty-five dosage units of a schedule II, III, IV, or V controlled
     7  substance which is stolen from a pharmacy.   For the  purposes  of  this
     8  section:
     9    1. "Larceny" has the same meaning as defined in section 155.05 of this
    10  part.
    11    2. "Pharmacy" means any place in which drugs, prescriptions or poisons
    12  are  possessed for the purpose of compounding, preserving, dispensing or
    13  retailing, or in which drugs, prescriptions or poisons  are  compounded,
    14  preserved,  dispensed or retailed, or in which such drugs, prescriptions
    15  or poisons are by advertising or otherwise offered for sale at retail.
    16    3. "Schedule II,  III,  IV,  or  V  controlled  substance"  means  any
    17  substance listed in schedules II, III, IV, and V of section thirty-three
    18  hundred six of the public health law.
    19    Larceny of a controlled substance is a class A-II felony.
    20    § 2. This act shall take effect on the first of November next succeed-
    21  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.
                                                                   LBD08640-01-3