Current Summary of Changes to the Coded Law File

Law File Changes – July 24, 2014

Note: Laws added to the file since the last posting on April 23rd, 2014 begin with relative address/law ordinal 8401. Be aware, however, that changes/corrections have been made to existing laws. A summary is shown below, but may not be complete. We recommend that you overwrite the existing law file with the new one.

With this new posting (and with the more recent ones), a new file format is available to replace the legacy mainframe flat file. The content, however, is based on our Oracle table as the mainframe law table no longer exists due to the decommissioning of our mainframe.

Legislation:

Chapter 37 of the Laws of 2014amended Penal Law §220.65 to prohibit, as a class C felony, the criminal sale of a controlled substance by a practitioner or a pharmacist.  This amendment was effective on June 23, 2014.

Chapter 36 of the Laws of 2014 – a new crime was added to the Penal Law. Penal Law §178.26, fraud and deceit related to a controlled substance, prohibits the use of fraud and deceit to obtain a controlled substance or a prescription for a controlled substance.  This new Law is a class A misdemeanor and was effective on June 23, 2014.

The 2014 enacted budget, S.6355-D: added new Penal Law Article 496 - Corrupting the Government, and amended the existing Bribery and Bribe Receiving statutes.

Chapter 90 of the Laws of 2014 – Authorizes the medical use of marihuana.  This law added three new offenses to the Penal Law.  Penal Law §179.10, criminal diversion of medical marihuana in the first degree, prohibits, as a class E felony, the unlawful certification of an individual as a patient in need of medical marihuana by a medical practitioner.  Penal Law §179.11, criminal diversion of medical marihuana in the second degree, prohibits, as a class B misdemeanor, providing medical marihuana to a person who is not a certified patient.    Penal Law §179.15, criminal retention of medical marihuana, prohibits, as a class A misdemeanor, the possession of more medical marihuana that authorized by a certified patient.  These three crimes were effective on July 5, 2014.

Two Education Law offenses which were not included on the coded law file have been added.  Education Law §3205 punishes the failure to attend full time day instruction when required.   Education Law §3208(4-a) prohibits any requirement that a child obtain a prescription for a controlled substance as a condition of attending school.   In both cases the offense is a violation except where a false statement is made in connection with the offense in which case it is an unclassified misdemeanor.

Chapter 188 of the Laws of 2014 – Amended Penal Law §240.30, aggravated harassment in the second degree, to remove the intent to annoy as an element of the offense following a decision of the New York State Court of Appeals which found that the former law was unconstitutionally overbroad.

Law File Changes:

Added new ordinals 8401 – 8403 per Chapter 37 of the Laws of 2014, Penal Law §220.65

Added new ordinals 8404 – 8413 per Chapter 36 of the Laws of 2014, Penal Law §178.26

Added new ordinals 8414 – 8415 per the 2014 enacted budget, S.6355-D

Added new ordinals 8416 - 8417 per Education Law §3205

Added new ordinals 8418 - 8419 per Education Law §3208(4-a)

Added new ordinal 8420 per Chapter 90 of the Laws of 2014, Penal Law §179.10

Added new ordinal 8421 per Chapter 90 of the Laws of 2014, Penal Law §179.11

Added new ordinal 8422 per Chapter 90 of the Laws of 2014, Penal Law §179.15

Added new ordinal 8423 – 8430 per Retirement and Security Law of 2008, RSS §111 (Protection against fraud)

Repealed ordinal 7922 (replaced with new ordinal 8431)
Added new ordinal 8431 per Chapter 188 of the Laws of 2014 – Amended Penal Law §240.30

Repealed ordinal 7923 (replaced with new ordinal 8432)
Added new ordinal 8432 per Chapter 188 of the Laws of 2014 – Amended Penal Law §240.30

Repealed ordinal 7924 (replaced with new ordinal 8433)
Added new ordinal 8433 per Chapter 188 of the Laws of 2014 – Amended Penal Law §240.30

Repealed ordinal 7925 (replaced with new ordinal 8434)
Added new ordinal 8434 per Chapter 188 of the Laws of 2014 – Amended Penal Law §240.30

Repealed ordinal 7926 (replaced with new ordinal 8435)
Added new ordinal 8435 per Chapter 188 of the Laws of 2014 – Amended Penal Law §240.30

Repealed ordinal 7927 (replaced with new ordinal 8436)
Added new ordinal 8436 per Chapter 188 of the Laws of 2014 – Amended Penal Law §240.30

Repealed ordinal 3979 (replaced with new ordinal 8437)
Added new ordinal 8437 per Chapter 188 of the Laws of 2014 – Amended Penal Law §240.30

Repealed ordinal 6254 (replaced with new ordinal 8438)
Added new ordinal 8438 per Chapter 188 of the Laws of 2014 – Amended Penal Law §240.30

Repealed ordinal 3980 (replaced with new ordinal 8439)
Added new ordinal 8439 per Chapter 188 of the Laws of 2014 – Amended Penal Law §240.30

Repealed ordinal 8217 (replaced with new ordinal 8440)
Added new ordinal 8440 per Chapter 188 of the Laws of 2014 – Amended Penal Law §240.30

Repealed ordinal 8218 (replaced with new ordinal 8441)
Added new ordinal 8441 per Chapter 188 of the Laws of 2014 – Amended Penal Law §240.30

Unconstitutional Laws:  PL 240.30(1) was declared to be unconstitutional by the Court of Appeals in the case People v. Golb decided on May 13, 2014. 
The following laws were updated with an unconstitutional date of May 13, 2014. 
Ordinals 7922, 7923, 7924, 7925, 7926, 7927.

JO Indicator – Gang Assault Arrests:  a total of 80 laws were updated to correct the JO Indicator for gang assault arrests.  

Violent Felony Offense updates:
The following ordinals were updated to set the Violent Felony Indicator to ‘V’ (Violent Felony Offense): 6047, 6048, 6049.

Archive of Changes: