Relates to penalties for the crimes relating to methamphetamine laboratory operations

BILL NUMBER:S7084

Title of bill

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

Purpose

To amend the penal law, increasing the penalties for the criminal possession of methamphetamine manufacturing material and unlawful manu- facture of methamphetamine.

Summary of provisions

Amends section 220.70 of the penal law making it a Class felony for the criminal possession of methamphetamine manufacturing material in the second degree. The penalty is a class A misdemeanor under current law.

Amends Section 220.71 of the penal law making it a Class D felony for the criminal possession of methamphetamine manufacturing material in the first degree. The penalty is a Class E felony under the current law.

Amends Section 220.73 of the penal law making it a Class C felony for the unlawful manufacture of methamphetamine in the third degree. The penalty is a Class 0 felony under the current law.

Amends Section 220.74 of the penal law making it a Class B felony for the unlawful manufacture of methamphetamine in the second degree. The penalty is a Class C felony under the current law.

Amends Section 220.75 of the penal law, making it a Class A-1 felony for the unlawful manufacture of methamphetamine in the first degree. The penalty is a Class B felony under the current law.

Justification

The US Department of Justice National Drug Intelligence Center has reported domestic methamphetamine availability is at a five year high, the result of increasing large scale production of the drug in Mexico and increases in the small scale production in the United States. For the second consecutive year, seizures of methamphetamine laboratories in the United States have risen as a result of the prevalence of what US Department of Justice refers to as small scale "one pot" or "shake and bake" laboratories.

In New York State, there were eleven clandestine laboratories/incident reported during the second quarter of 2011. This represents an increase of over 500% compared to reports during the same period in 2010. The New York State Intelligence Center estimates that should such trends contin- ue, it is probable that there will be forty or more reported clandestine laboratory incidents in 2011, the first time New York will have reached such a rate since 2004.

The costs of methamphetamine and its manufacturing to state and local governments is exorbitant, with the Independent Rand Corporation esti- mating in 2009 that the drugs economic cost to society could reach $48 billion. In addition such laboratories and toxic dump sites pose a significant threat to our children, the health of our communities, and our environment.

This legislation seeks to increase the penalties for the unlawful possession of materials related to methamphetamine and its manufactur- ing. By providing law enforcement and the judicial system the too Is necessary to limit the growth of methamphetamine laboratories in New York State, it will provide a greater level of security for communities and a preemptive measure by the state to prevent a growing problem from manifesting within its boundaries.

Prior legislative history

This is a new bill.

Fiscal implications

To be determined.

Effective date

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