Elevates the severity of criminal trespass and burglary offenses committed upon the premises of a pharmacy

1 Co-sponsor

• David J. Valesky

BILL NUMBER:S1355

Title of bill

An act to amend the penal law, in relation to criminal trespass and burglary upon the premises of a pharmacy

Purpose

Increases the criminal penalties for criminal trespass and burglary committed in pharmacies.

Summary of provisions

Section 1: Amends § 140.00 of the penal law by adding a new subdivision six defining pharmacies for the purpose of the article to mean the area within a building where the practice of pharmacy as defined in the education law is practiced.

Section 2: Amends subdivision 2 of § 140.15 of the penal law to include pharmacies.

Section 3: Amends subdivision 2 of § 140.25 of the penal law to include pharmacies.

Section 4: Amends the opening paragraph of § 140.30 of the penal law by adding a reference to pharmacies.

Section 5: 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 31st, 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 criminals.

This bill would raise the criminal penalties that individuals could be charged with if they commit certain crimes inside of pharmacies. In particular this would raise the penalties for entering without permission into any part of a building in which the profession of pharmacy is conducted in order to commit a further crime, such as

larceny. This bill only applies to those section of a building in which pharmacy is practiced, so it would not apply to actions carried out in other pasts of multi-purpose establishments that may contain a pharmacy area as part of their services. This bill would treat the pharmacy section of buildings similarly to private dwellings with regards to the crime of burglary. Increasing criminal penalties will give prosecutors greater leverage against criminals who target pharmacies and also will help deter attempts to burglar pharmacies in the future.

Legislative history

2014 - S. 2430 - Referred to Codes 2012 - S. 6724 Codes Committee.

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.