BILL TEXT: STATE OF NEW YORK
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
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.
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.
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-
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
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
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
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
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.
901 South Garfield Avenue Alhambra, CA 91801 phone: (626) 281-3701 Advan Adv ce c d L e apar d L oscopy c an opy d Roboti d Robot c i S c urger ge y fax: (626) 281-2651 Fem Fe al m e al P e e P l e v l i v c i Fl c oor Fl Dys y funct c
Report on 11th EACS, Madrid, October 2007 Drug Interaction Studies presented at the 11th European AIDS Conference, Madrid, October 2007 The following drug interaction studies are summarised in this report. Abstract Interactions between two or more anti-HIV drugs Abstracts and posters may be available – please check for further information.