STATE OF NEW YORK
________________________________________________________________________
7169
IN SENATE
April 5, 2016
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to certain controlled
substance offenses
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 7 of section 220.00 of the penal law, as
2 amended by chapter 664 of the laws of 1985, is amended to read as
3 follows:
4 7. "Narcotic drug" means any controlled substance listed in schedule
5 I(b), I(c), II(b) or II(c) other than methadone or heroin.
6 § 2. The opening paragraph and subdivision 8 of section 220.06 of the
7 penal law, the opening paragraph as amended by chapter 75 of the laws of
8 1995, subdivision 8 as added by chapter 264 of the laws of 2003, are
9 amended and a new subdivision 9 is added to read as follows:
10 A person is guilty of criminal possession of a controlled substance in
11 the fifth degree when he or she knowingly and unlawfully possesses:
12 8. one or more preparations, compounds, mixtures or substances
13 containing gamma hydroxybutyric acid, as defined in paragraph four of
14 subdivision (e) of schedule I of section thirty-three hundred six of the
15 public health law, and said preparations, compounds, mixtures or
16 substances are of an aggregate weight of twenty-eight grams or more[.];
17 or
18 9. one or more preparations, compounds, mixtures or substances
19 containing heroin, and said preparations, compounds, mixtures or
20 substances are of an aggregate weight of five hundred milligrams or
21 more.
22 § 3. The opening paragraph and subdivision 15 of section 220.09 of the
23 penal law, the opening paragraph as amended by chapter 75 of the laws of
24 1995 and subdivision 15 as added by chapter 264 of the laws of 2003, are
25 amended and two new subdivisions 16 and 17 are added to read as follows:
26 A person is guilty of criminal possession of a controlled substance in
27 the fourth degree when he or she knowingly and unlawfully possesses:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14792-03-6