What's happening
This bill increases the penalties for criminal diversion and illegal sale of prescription medications in New York State.
Why it matters
Significantly elevates the legal consequences for anyone involved in the illegal diversion or sale of prescription medications. , meaning those convicted could face much longer prison sentences and more severe criminal records, which may act as a stronger deterrent.
Reclassifies a range of offenses—from what were previously misdemeanors or lower-level felonies to higher-level felonies. (for example, upgrading fourth-degree diversion from a misdemeanor to a class E felony, and first-degree diversion from a class C to a class B felony). This affects how these crimes are prosecuted and sentenced in court.
Targets both street-level offenders and professionals such as pharmacists and medical practitioners. , increasing the stakes for anyone found guilty of selling prescriptions or controlled substances illegally, possibly affecting professional licenses and careers.
May impact the broader opioid crisis and pharmaceutical crime landscape in New York State. by aiming to reduce the availability of prescription drugs on the black market, but could also have consequences for individuals struggling with addiction or those caught up in lower-level offenses.
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Increase Prescription Crime Penalties
Plain English, a few words. Used as the page title.
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History
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Increase Prescription Crime Penalties
In Senate Committee · Codes · Sponsor Elaine Phillips
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10664
IN ASSEMBLY
May 10, 2018
Introduced by M. of A. MIKULIN -- read once and referred to the Committee 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 criminal sale of a prescription
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The closing paragraph of section 178.10 of the penal law, as added by chapter 81 of the laws of 1995, is amended to read as follows:
Criminal diversion of prescription medications and prescriptions in the fourth degree is a class [A misdemeanor] E felony.
§ 2. The closing paragraph of section 178.15 of the penal law, as added by chapter 81 of the laws of 1995, is amended to read as follows:
Criminal diversion of prescription medications and prescriptions in the third degree is a class [E] D felony.
§ 3. The closing paragraph of section 178.20 of the penal law, as added by chapter 81 of the laws of 1995, is amended to read as follows:
Criminal diversion of prescription medications and prescriptions in the second degree is a class [D] C felony.
§ 4. The closing paragraph of section 178.25 of the penal law, as added by chapter 81 of the laws of 1995, is amended to read as follows:
Criminal diversion of prescription medications and prescriptions in the first degree is a class [C] B felony.
§ 5. The closing paragraph of section 220.65 of the penal law, as amended by chapter 31 of the laws of 2014, is amended to read as follows:
Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist is a class [C] B felony.
§ 6. This act shall take effect on the first of November next succeeding 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.
LBD04679-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.