Http://public.leginfo.state.ny.us/bstfrmef.cgi

BILL TEXT:
STATE OF NEW YORK
________________________________________________________________________ IN ASSEMBLY
ON RULES -- (at request of M. of A. Dinowitz, Aubertine, Reilly, John, Lentol, Lupardo, Bing, Bradley, Canestrari, Carrozza, Cusick, DelMonte, Destito, Lavelle, Lavine, Lifton, Magnarelli, Paulin, Ramos, Schroeder, Tokasz, -- read once and referred to the Committee on and recommitted to said committee -- reported and referred to the Committee on Rules -- Rules Committee ordered reprinted as amended and recommitted to the Committee on Rules-- amended on the special order of third reading, ordered reprinted as amended, retaining its place on the special order of third reading ACT to amend the penal law, the agriculture and markets law, the tax law, the social services law, the executive law, the general municipallaw, the mental hygiene law, the public health law, the law and the civil practice law and rules, in relation to preventing and making illegal the manufacture and production of amphetamine through clandestine laboratory operation People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
Section 1. Legislative findings and intent. The legislature finds that the increasing manufacture and use of the illicit has created an urgent public health and safety problem in New York.
make the possession of the various ingredients manufacture methamphetamine a felony. The legislature also finds that it and urgent to educate the citizens of this state on the harmful effects of methamphetamine use and production, including the health and environmental risks associated with this addictive comprehensively address this growing problem. The legislature concludes that the manufacturing of methamphetamine EXPLANATION--Matter in italics (underscored) is new; matter in brackets
http://public.leginfo.state.ny.us/bstfrmef.cgi only the individual, but also criminal justice agencies, and other agencies dealing with child protective services 2. Subdivisions 9 and 10 of section 155.30 of the penal law, subdi- vision 9 as added by chapter 450 of the laws of 1990 and subdivision subdivision 11 is added to read as follows: 9. The property consists of a scroll, religious property having a value of at least one hundred dollars kept for or used in connection with religious worship in any building or structure used as a place of religious worship education law[.]; or
10. The property consists of an access device which the person intends to use unlawfully to obtain telephone service[.]; or
11. The property consists of anhydrous ammonia and the
use or knows another person intends to use such anhydrous ammonia to
manufacture methamphetamine.
§ 3. Subdivision 6 of section 165.45 of the penal of the laws of 1990, is amended and a new subdivision 7 is 6. The property consists of a scroll, religious property having a value of at least one hundred dollars kept for or used in connection with religious worship in any building or structure used as a place of religious worship education law[.]; or
7. The property consists of anhydrous ammonia and the actor intends to
use or knows another person intends to use
anhydrous
manufacture methamphetamine.
4. Section 220.65 of the penal law is renumbered section 220.67 and six new sections 220.61, 220.62, 220.63, 220.64, 220.65 and § 220.61 Clandestine methamphetamine laboratory operation; definitions.
For the purposes of sections 220.62, 220.63, 220.64, 220.65 and 220.66
of this article, the following terms shall mean:
"Clandestine
methamphetamine laboratory" shall mean two or more
controlled substance precursors
clandestine
laboratory
equipment
collectively
possessed
at the same time and location under
circumstances which indicate that
substances
equipment
collectively
located for the purpose of unlawfully producing, preparing
or manufacturing methamphetamine.
2. "Clandestine laboratory equipment" means any
components
materials
that, when used together, aid in the manufac-
ture, preparation or production of methamphetamine in violation of
article.
purposes of this subdivision "items, components or
materials" shall mean the following:
(a) Glass reaction vessel;
(b) Separatory funnel;
(c) Glass condenser;
(d) Analytical balance;
(e) Heating mantle; or
(f) Any other item that is used to
function
respect to the manufacture, preparation or production of methamphetamine
items, components or materials described in paragraph (a), (b),
(c), (d) or (e) of this subdivision.
http://public.leginfo.state.ny.us/bstfrmef.cgi 3. "Hazardous or dangerous material" means any substance, or
combina-
substances,
used to manufacture, prepare or produce
methamphetamine, which, because of its quantity, concentration, or phys-
ical or chemical
characteristics,
substantial
person's health or safety.
"Controlled
substance
precursor" shall mean a precursor of meth-
amphetamine which is a chemical reagent, or any salt, isomer or salt
an isomer of:
(a) Anthranilic acid;
(b) Barbituric acid;
(c) Benzaldehyde;
(d) Benzyl chloride;
(e) Benzyl cyanide;
(f) D-lysergic acid;
(g) Diethyl malonate;
(h) Ephedrine;
(i) Ergonovine;
(j) Ergotamine;
(k) Ethyl malonate;
(l) Ethylamine;
(m) Hydriotic acid;
(n) Insosafrole;
(o) Lithium;
(p) Malonic acid;
(q) Methylamine;
(r) 3, 4-methylenedioxphenyl-2-propanone;
(s) Morpholine;
(t) N-acetylanthranilic acid;
(u) N-ethylephedrine;
(v) N-ethylpseudoephedrine;
(w) N-methylephedrine;
(x) N-methylpseudoephedrine;
(y) Norpseudoephedrine;
(z) Nitroethane;
(aa) Phenyl-2-propanone;
(bb) Phenylacetic acid;
(cc) Phenylpropanolamine;
(dd) Phospherus;
(ee) Piperidine;
(ff) Piperonal;
(gg) Propionic anhydride;
(hh) Pseudoephedrine;
(ii) Pyrrolidine;
(jj) Safrole;
(kk) Ammonia;
(ll) Acetic anhydride;
(mm) Acetone;
(nn) 2-butanone;
(oo) Ethyl ether;
(pp) Hydrochloric acid;
(qq) Iodine;
(rr) Potassium permanganate; or
(ss) Toluene.
§ 220.62 Unlawful
clandestine
methamphetamine
laboratory operation in
the third degree.
http://public.leginfo.state.ny.us/bstfrmef.cgi A person is guilty of unlawful clandestine methamphetamine
laboratory
operation
when, with the intent to manufacture,
prepare or produce methamphetamine, he or she establishes, maintains
operates a clandestine methamphetamine laboratory.
Unlawful clandestine methamphetamine laboratory operation in the third
degree is a class D felony.
§ 220.63 Unlawful
clandestine
methamphetamine
laboratory operation in
the second degree.
A person is guilty of unlawful clandestine methamphetamine
laboratory
operation in the second degree when he or she:
1. Commits the crime of unlawful clandestine methamphetamine laborato-
operation in the third degree after having previously been convicted
of unlawful clandestine
methamphetamine
laboratory
operation
or unlawful clandestine methamphetamine laboratory opera-
tion in the second degree within the preceding five years;
2. Commits the crime of unlawful clandestine methamphetamine laborato-
ry operation in the third degree, and such person
twenty-one
or older and knows that a child under the age of sixteen is present
at such unlawful clandestine methamphetamine laboratory.
Unlawful
clandestine
methamphetamine
laboratory
operation
second degree is a class C felony.
§ 220.64 Unlawful
clandestine
methamphetamine
laboratory operation in
the first degree.
A person is guilty of unlawful clandestine methamphetamine
laboratory
operation
when such person commits the crime of
unlawful clandestine methamphetamine laboratory operation in the
degree, as defined in subdivision two of section 220.63 of this article,
after having previously been convicted of unlawful clandestine laborato-
operation
second degree or unlawful clandestine laboratory
operation in the third degree within the preceding five years.
Unlawful clandestine methamphetamine laboratory operation in the first
degree is a class B felony.
§ 220.65 Unlawful disposal
clandestine
methamphetamine
laboratory
material.
A person is guilty of unlawful disposal of clandestine methamphetamine
laboratory
material when such person is not convicted of unlawful clan-
destine methamphetamine laboratory
operation
provided
or 220.64 of this article with respect to a clandestine
methamphetamine laboratory, but, with respect to such clandestine
amphetamine laboratory, he or she:
1. knowingly disposes of hazardous or dangerous material;
knows that such disposal is in furtherance of an unlawful clandes-
tine methamphetamine laboratory operation; and
3. knows or reasonably should have known that
disposal
material creates a substantial risk to a person's health or safety.
Unlawful
disposal
of clandestine methamphetamine laboratory material
is a class E felony.
§ 220.66 Criminal possession of a methamphetamine precursor.
A person is guilty of criminal possession of a methamphetamine precur-
sor when he or she possesses more than nine grams of
product,
contains as the only active ingredient pseudoephedrine, phenylpropanola-
mine or ephedrine, when such person intends to use such product to manu-
facture, prepare or produce methamphetamine.
Criminal possession of a methamphetamine precursor is a class A misde-
http://public.leginfo.state.ny.us/bstfrmef.cgi agriculture and markets law is amended by adding a new subdivision 43 to read as follows: 43. Require that any owner or operator of a farm, or his or her desig-
employee
or uses anhydrous ammonia, must
secure the same in a locked and safe location, so that only the owner or
operator of such farm, or his or her designated employee or
anhydrous
ammonia. The commissioner shall investigate and
may issue a fine of up to one hundred dollars for each violation of this
subdivision.
§ 6. Subdivision 22 of section 210 of the tax law is amended by adding a new paragraph (a-1) to read as follows: (a-1) Additional credit. In the case of a taxpayer which is an
or an eligible farmer who has paid taxes pursuant to a land
contract, there shall be allowed a credit, the maximum of which shall be
two hundred fifty dollars,
improvements
furtherance
complying
subdivision forty-three of section sixteen of the agri-
culture and markets law, which requires that the farmer, or his
employee or agent, secure anhydrous ammonia on farm property.
§ 7. Subdivision 2 of section 413 of the social services law, as added 544 of the laws of 1988, is amended and a new subdivision 4 suspected incidents of child abuse or maltreatment pursuant to shall provide consistent with section four hundred twenty-one of this [chapter] title, all
employees with written information explaining the reporting requirements out in subdivision one of this section and in sections four hundred fifteen through four hundred twenty of this title. For
employees
of their employment, travel to a location
where a child is living, residing or otherwise staying for any period of
time, such information shall include, as an addition
reporting
requirements
subdivision one of this section, information
pertaining to educating such employees
recognizing
materials,
substances,
equipment,
signs evidencing the presence of an
unlawful clandestine methamphetamine laboratory. The employers shall
for the costs associated with printing and distributing the 4. In addition to the written information provided pursuant to
of this section, any person, institution, school, facility,
agency, organization, partnership or corporation, which employs
mandated
suspected
incidents
child abuse or
maltreatment pursuant to subdivision
employees, in the normal course of their employment, travel to locations
children
consistent
section four
hundred twenty-one of this title all such current and new employees with
written information on recognizing the signs of an unlawful
clandestine
methamphetamine
laboratory,
defined in section 220.61 of the penal
law. Pursuant to section 19.26 of the mental hygiene law, the office
alcoholism
substance
services shall make available to such
employers information on recognizing the signs of
unlawful
clandestine
methamphetamine laboratories.
17. Maintain a statewide repository of data relating to unlawful clan-
destine methamphetamine laboratories and develop and implement a program
http://public.leginfo.state.ny.us/bstfrmef.cgi to provide for the collection of data and the reporting thereof
enforcement agencies. Data acquired by law enforcement agencies shall be
the repository within thirty days of acquisition.
Data in the
repository
be made available to law enforcement agencies for the
purpose of assisting them in combatting the unlawful manufacture, prepa-
ration or production of methamphetamine.
§ 9. The executive law is amended by adding a 837-r. Discovery of an unlawful clandestine methamphetamine labora-
tory. Whenever a law enforcement officer recognizes the presence
unlawful
clandestine
methamphetamine
laboratory,
officer shall
notify, or cause to be notified, the department of environmental conser-
vation regarding the location of such laboratory.
§ 9-a. The executive law is amended by adding a new section Reporting
manufacturing, preparing and producing meth-
amphetamine.
The superintendent, in consultation with the department of
environmental conservation shall report to the governor,
temporary
president
of the senate and the speaker of the assembly at such time as
is available an additive which can be added to anhydrous ammonia so that
such anhydrous ammonia would be rendered ineffectual for the purpose
manufacturing, preparing or producing methamphetamine.
municipal law is amended by adding a new section Discovery
unlawful
laboratory.
emergency
services
personnel,
defined in section two hundred nine-cc of this
article, shall be provided with written information on
recognizing
of an unlawful clandestine methamphetamine laboratory, as defined
in section 220.61 of the penal law, and shall
notified
the department of environmental conservation and the local law
enforcement agency regarding the location of such
laboratory.
Pursuant
to section 19.26 of the mental hygiene law, the office of alcoholism and
substance
abuse services shall make available the information on recog-
nizing the signs of unlawful clandestine methamphetamine laboratories.
§ 11. The mental hygiene law is amended by adding a new section § 19.26 Methamphetamine awareness and education program.
principle source for the statewide
dissemination of
information
methamphetamines.
establish
methamphetamine awareness and education program that shall
include but not be limited to providing information about the dangers of
methamphetamine production and use and how to report suspected
clandes-
methamphetamine
laboratories, as defined in section 220.61 of the
penal law. The program shall be aimed at the following
individuals
child protective services; social services; schools; community-
based organizations; chemical dependence and other related
providers;
emergency
services personnel (including police, fire fight-
ers, and ambulance personnel); other state
enforcement
agencies
(including
respective
resistance education
(D.A.R.E.) program); the appropriate offices of the department of
ronmental conservation; pharmacies; chemical suppliers and other groups.
of article 33 of the public health law is amended by adding a new section 3309 to read as follows: § 3309. Information program for retailers. The department shall devel-
op and maintain a program to inform retailers about the
methamphetamine
in New York state and devise procedures and forms for retailers
http://public.leginfo.state.ny.us/bstfrmef.cgi to use when reporting to local police agencies and the division of crim-
inal justice services an incident pertaining to:
theft of any product or products under the retailer's control
which contains a regulated chemical under the provisions of
2. any situation in which such retailer becomes aware that a person is
attempting
restrictions of section thirty-three hundred
eighty-four of this article by making
multiple
purchases
products
containing as an active ingredient pseudoephredrine, phenylpropanolamine
ephedrine
single three day period in order to accumulate
more than nine grams of such product
apparent
purpose.
§ 13. The public health law is amended by adding a new section 3384 to Limitation
on the sale of methamphetamine precursors. 1. No
person or retailer shall sell or cause to be sold, in a single
transaction,
nine grams of a product containing as the only
active ingredient pseudoephedrine,
phenylpropanolamine,
ephedrine,
or salt of an isomer thereof. This subdivision shall
not apply to such products which are in liquid, liquid capsule,
capsule form.
violation
of this section, a notice of violation
shall be issued to the offending party and no penalty
imposed.
violation,
a civil penalty not exceeding five hundred
dollars may be imposed. For the third and any subsequent
violations,
exceeding
thousand dollars may be imposed. No
civil penalty may be imposed
violator has received notice of the charge against him or her and has an
opportunity to be heard.
environmental conservation law is amended by adding a new § 27-0927. Cleanup of unlawful clandestine methamphetamine laboratories.
The department shall be primarily
responsible
cleanup,
supervising
cleanup,
unlawful clandestine methamphetamine
laboratory site and shall promulgate rules and regulations to
implement
the provisions of this section.
Section 1602 of the civil practice law and rules is amended by adding a new subdivision 13 to read as follows: 13. not apply to any person responsible for the disposal
presence
hazardous
dangerous materials that is the result of an unlawful
clandestine methamphetamine laboratory operation, when such
convicted
section 220.62, 220.63, 220.64, 220.65 or 220.66 of
the penal law.
however, that sections five and six of this act shall take effect SPONSORS MEMO:
NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(e)
BILL NUMBER: A8660C
SPONSOR: Rules (Dinowitz)
TITLE OF BILL:
An act to amend the penal law, the agriculture and http://public.leginfo.state.ny.us/bstfrmef.cgi markets law, the tax law, the social services law, the executive law,the general municipal law, the mental hygiene law, the public healthlaw, the environmental conservation law and the civil practice law and rules, in relation to preventing and making illegal the manufacture andproduction of methamphetamine through clandestine laboratory operation PURPOSE: To address the increasing presence of methamphetamine
production and consumption in New York, by creating penal law provisions
to make operating a methamphetamine laboratory illegal, as well as otherprovisions designed to prevent methamphetamine production and consump-tion.
SUMMARY OF PROVISIONS:
Section one provides for the legislative find- Section two amends the Penal Law to make the theft of anhydrous ammonia an "E" felony, where the actor intends to use it tomanufacture methamphetamine. Section three amends the Penal Law to make possession of stolen anhydrous ammonia an "E" felony, where the actorintends to use it to manufacture methamphetamine.
Section four creates new crimes related to unlawful clandestine meth-amphetamine laboratory operation. They include: .62 Unlawful Clandestine Lab Operation, Third Degree - makes the possession of two or more methamphetamine precursors and laboratoryequipment, with intent to manufacture methamphetamine a "D" felony; .63 Unlawful Clandestine Lab Operation in the Second Degree ("C" felony) - applies to anyone previously convicted of operating a meth lab within the past 5 years - or in the presence of a child under 16; .64 Unlawful Clandestine Lab Operation in the First Degree ("B" felony) - applies to anyone previously convicted of operating a meth lab(last 5 years) and does so again in the presence of a child under 16; .65 Unlawful Disposal of Clandestine Lab Materials - makes the disposal of harmful meth lab materials an "E" felony when the actor hasnot otherwise been convicted of operating a meth lab; .66 Criminal Possession of a Methamphetamine Precursor makes the possession of more than 9 grams of a product containing ephedrine, pseu- doephedrine or phenylpropanolamine with intent to manufacture meth aclass "A" misdemeanor.
Section five amends the Agriculture and Markets Law to require thatfarmers who store anhydrous ammonia on their farm must secure it toprevent access by others. Section six amends the Tax Law to create a new tax credit (of up to $250) for improvements made by farmers in further-ance of securing anhydrous ammonia.
Section seven amends the Social Services Law by requiring that certainmandated reporters are provided with information to help them recognizethe presence of methamphetamine laboratories so that they can report instances of child abuse. Section eight amends the Executive Law tocreate a statewide repository for data relating to methamphetamine labs and makes the data available to law enforcement agencies to help ongoinginvestigations.
Section nine amends the Executive Law by requiring that law enforcementagencies notify the Department of Environmental Conservation when amethamphetamine laboratory is discovered in order to facilitate thecleanup thereof. Section nine-a amends the Executive Law by requiring the state police to notify the Governor and state legislature at suchtime as there is available an additive which can be added to anhydrous http://public.leginfo.state.ny.us/bstfrmef.cgi ammonia to make it ineffective in making methamphetamine.
Section ten amends the General Municipal Law by requiring that all emer- gency services personnel notify the Department of Environmental Conser-vation upon discovering a methamphetamine laboratory. Section elevenamends the Mental Hygiene Law to require the Office of Alcoholism and Substance Abuse to establish a methamphetamine education program anddisseminate information to agencies throughout the state that servechildren and other vulnerable persons on the risks associated with meth- Section twelve amends the Public Health Law to require the Department of Health to inform retailers about the methamphetamine problem and createreporting procedures for suspicious purchases to law enforcement.
Section thirteen also amends the Public Health Law to limit the sale of single-ingredient products containing pseudoephedrine, ephedrine, orphenypropanolamine, to nine grams per transaction. This section alsoprovides penalties for such violations.
Section fourteen amends the Environmental Conservation Law to make theDEC primarily responsible for the cleanup of methamphetamine lab sites.
Section fifteen amends the Civil Practice Law and Rules to create jointand several liability for those convicted of operating methamphetaminelaboratories for the costs associated with the lab cleanup. Section sixteen makes the effective date of this legislation the next first ofNovember, and states that the above sections with respect to amendingthe agriculture and markets law and tax law will take effect April 1, JUSTIFICATION: There is an increase in the illegal manufacture and use
of methamphetamine across New York State. Unfortunately, the ingredients
and equipment used to make this harmful drug are easily obtained. In
many cases, when police are investigating suspects believed to be
involved in producing methamphetamine, they are unable to recover anymanufactured drug product. And, under existing law, a person cannot becharged with a felony unless the finished drug product is discovered.
This bill would make the operation of a methamphetamine site a felonywithout the need to recover the finished drug product.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: Minimum to the state.
EFFECTIVE DATE: November 1st following enactment.
the provisions in the Agriculture and Markets Law and Tax Law.
http://public.leginfo.state.ny.us/bstfrmef.cgi

Source: http://www.nysba.info/committees/cplr/05-2006bills/A08660.pdf