What's happening
This bill creates the crime of larceny of a controlled substance stolen from a pharmacy, making it a class A-II felony.
Why it matters
Significantly increases penalties. for stealing controlled substances from pharmacies, treating such theft as a class A-II felony—on par with some of the most serious drug offenses—potentially resulting in lengthy prison sentences.
Targets thefts involving at least 25 dosage units. of Schedule II-V controlled substances, focusing on larger-scale or organized thefts rather than minor incidents, which may impact both criminal justice outcomes and pharmacy security practices.
Aims to deter pharmacy robberies and illegal drug diversion. by elevating the legal consequences, reflecting concerns about the opioid crisis, the black market for prescription drugs, and risks to public health.
Specifies definitions for “larceny,” “pharmacy,” and “controlled substance,”. providing clarity for law enforcement and prosecutors and potentially reducing ambiguity in charging and prosecuting these crimes.
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Who cares
Pharmacies and pharmacists
The bill would create a class A-II felony for stealing more than 25 dosage units of Schedule II, III, IV or V controlled substances from a pharmacy.
Police and prosecutors
The bill would establish a specific controlled-substance larceny charge tied to the quantity stolen and whether the theft occurred at a pharmacy.
People accused of stealing controlled substances
Those accused of pharmacy thefts meeting the bill’s requirements would face a class A-II felony charge.
Headline styles
Make Pharmacy Drug Theft Felony
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.708
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Returned to assembly
- Repassed senate
- Amended on third reading 2631a
- Vote reconsidered - restored to third reading
Show 9 earlier actions
- Returned to senate
- Recalled from assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 60–3
- Advanced to third reading
- 2nd report cal.
- 1st report cal.916
- 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.
Make Pharmacy Drug Theft Felony
In Assembly Committee · Codes · Sponsor Michael Cusick
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2631--A Cal. No. 916
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading
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 Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 220.80 to read as follows: § 220.80 Larceny of a controlled substance.
A person is guilty of larceny of a controlled substance when he or she commits the crime of larceny and the stolen property consists of more than twenty-five dosage units of a schedule II, III, IV, or V controlled substance which is stolen from a pharmacy. For the purposes of this section:
1. "Larceny" has the same meaning as defined in section 155.05 of this part.
2. "Pharmacy" means any place in which drugs, prescriptions or poisons are possessed for the purpose of compounding, preserving, dispensing or retailing, or in which drugs, prescriptions or poisons are compounded, preserved, dispensed or retailed, or in which such drugs, prescriptions or poisons are by advertising or otherwise offered for sale at retail.
3. "Schedule II, III, IV, or V controlled substance" means any substance listed in schedules II, III, IV, and V of section thirty-three hundred six of the public health law.
Larceny of a controlled substance is a class A-II felony.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02423-02-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to estab- lishing the crime of larceny of a controlled substance
Purpose or general idea of bill
To establish the crime of larceny of a controlled substance.
Summary of specific provisions
Section 1 of the bill adds a new section to Penal law 220.80 establish- ing larceny of a controlled substance consisting of more than twenty- five dosage units of a schedule II, III, IV or V controlled substance which is stolen from a pharmacy.
Section 2 of the bill is the effective date.
Justification
In recent years, pharmacy robberies have escalated to a new dimension. The U.S. Drug Enforcement Administration has reported that armed robberies of pharmacies across the nation increased 51% between 2006 and 2010, Addiction to prescription drugs, such as OxyContin and hydrocodone based pain pills are causing this increase.
In New York State, according to the Drug Enforcement Administration, pharmacy robberies have increased from 4 in 2006 to 30 in 2010. In light of these escalating occurrences of pharmacy robberies statewide, increasing the penalties to deter these crimes is necessary. This bill creates the crime of larceny of a controlled substance from a pharmacy. The controlled substances include schedule III, IV or V under section 3306 of the Public Health Law. The bill makes larceny of a controlled substance from a pharmacy a class A-II felony and subjects the felon to lifetime probation.
Prior legislative history
2017: S.2631-A - Passed Senate / A.1373-A - Referred to Codes 2016: S.3494 - Passed Senate / A.4825 - Referred to Codes 2015: S.3494 - Referred to Codes / A.4825 - Referred to Codes 2014: S.7348 - Referred to Codes / A.9926 - Preferred to Codes 2013: S.7345 - Referred to Codes / A.9926 - Referred to Codes
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.