Increases the severity of larceny offenses when the property stolen is one or more controlled substances

Summary of provisions

Section 1 amends §155.00 of the penal law by adding a new subdivision 10 defining for the purposes of this article controlled substances as any substance listed in the schedules outlined in §3306 of the public health law.

Section 2 makes technical corrections to §155.30 of the penal law and adds a new subdivision 12 that includes controlled substances to the list of property covered by this section.

Section 3 adds a subdivision 3 to §155.35 of the penal law stating that property consisting of controlled substances with the value of $1000 or above are covered under this section.

Section 4 amends paragraph c of subdivision 2 of §155.40 of the penal law by adding a new subdivision 3 stating that property consisting of controlled substances in the value of $3000 or above are covered under this section.

Section 5 amends §155.42 of the penal law by making technical corrections and adding a subdivision 2 stating that property consisting of controlled substances with the value of $50,000 or above are covered under this section.

Section 6 provides for an effective date on the first of November next succeeding the date on which the bill shall have become law.

Justification

On June 19, 2011 four people, including a pharmacist, a 17-year old clerk, and two customers, aged 71 and 33 were executed in a pharmacy in Medford, Long Island, by two suspects that robbed the pharmacy in order to get their hands on hydrocodone pills. On December 31, 2011, an off-duty Bureau of Alcohol, Tobacco, and Firearms (ATM) agent and an alleged robber were killed when an attempted robbery at a pharmacy in Seaford, Long Island ended in a shoot-out. The robber is said to have demanded money and oxycontin from the pharmacists. These two deadly incidents are just two of the most shocking cases

highlighting the increase in crime and violence directed towards pharmacies that have resulted from the growing epidemic of prescription drug abuse.

The increase in crimes against pharmacies has been nationwide. Between 2006 and 2010, according to the Drug Enforcement Administration (DEA), robberies rose from 380 to 686, an increase of 79%. The number of pills went from 706,000 to 1.3 million. In New York State, according to the DEA, the increase in pharmacy robberies was from 4 in 2006 to 30 in 2010. The increase in violence has driven some pharmacies to stop stocking opioid analgesics and posting signs on their windows advertising this to deter possible robbers.

This bill would increase the possible penalties one would face for the theft of controlled substances. currently, penal law article 220 deals with crimes relating to the possession of controlled substances, with the different degrees of possible charges based on the quantities of certain chemical substances present in controlled substances. Any criminal possession of a controlled substance is a class A misdemeanor, with more serious charges being possible if a person happened to be in possession of larger quantities of specific drugs. This system gives prosecutors the ability to charge individuals that take illegal possession of certain prescription drugs, like opioid analgesics, with serious crimes, but for some other drugs, like depressants like Xanax the possible penalties are much lower.

This legislation changes the existing larceny statute and would make the theft of any controlled substance grand larceny in the fourth degree, which is a class E felony. For most kinds of goods one would have to steal $1000 worth of property by retail value before being able to be charged with felony grand larceny as opposed to petit larceny, which is a misdemeanor. Current law treats firearms, a credit or debit card, scientific secrets, or certain precursors for making methamphetamines differently by stating that the theft of these objects, regardless of retail value, constitutes grand larceny. Controlled substances should be treated similarly, since the dangers to the public and individuals from the misuse of controlled substances is such that the theft of any controlled substances merits a felony grand larceny charge. Raising the penalties for the theft of controlled prescription drugs is necessary given the social harm that is caused by their diversion into illicit use.

This legislation would also create a lower value threshold for controlled substances than for other property when it came to being able to bring forth grand larceny charges of a greater degree. For example, currently one must have stolen property of $3,000 or greater in order to be charged with grand larceny in the 3rd degree. This legislation would make the theft of controlled substances with a value of $1,000 or greater eligible for a charge of grand larceny in

the 3rd degree. Value thresholds would be lowered as well for the more severe degrees of grand larceny.

Legislative history

New bill.

Fiscal implications

None to the state.

Effective date

This act shall take effect on the first of November next succeeding the date on which the bill shall have become law.