METHAMPHETAMINE

LAWS OF NEW YORK, 2005
CHAPTER 394

EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted

AN ACT to amend the penal law, in relation to grand larceny in the fourth degree, criminal possession of stolen property in the fourth degree, criminal possession of methamphetamine manufacturing material, criminal possession of precursors of methamphetamine, unlawful   manufacture of methamphetamine and unlawful disposal of methamphetamine laboratory material; to amend the criminal procedure law, in relation to methamphetamine offenses; to amend the social services law, the executive law, the general municipal law, the mental hygiene law and the public health law, in relation to the provision of information on unlawful methamphetamine laboratories; and to amend the civil practice law and rules, in relation to joint liability

Became a law August 2, 2005, with the approval of the Governor.  Passed
on message of necessity pursuant to Article III, section 14 of the
Constitution by a majority vote, three-fifths being present.

     The  People of the State of New York, represented in Senate and Assembly, do enact as follows:

     Section 1. Section 155.30 of the penal law is amended by adding a  new subdivision 11 to read as follows:

     11.  The  property  consists of anhydrous ammonia or liquified ammonia gas and the actor intends to use, or knows another person  intends to use, such anhydrous ammonia or liquified ammonia gas to manufacture methamphetamine.

     § 2. Section 165.45 of the penal law is amended by adding a new subdivision 7 to read as follows:

     7. The property consists of anhydrous ammonia or liquified ammonia gas and the actor intends to use, or knows another person intends to use, such anhydrous ammonia or liquified ammonia gas to manufacture methamphetamine.

     § 3. Section 220.00 of the penal law is amended by adding a new subdivision 16 to read as follows:

     16. For the purposes of sections 220.70, 220.71, 220.72, 220.73,
220.74, 220.75 and 220.76 of this article:

     (a)  "Precursor" means ephedrine, pseudoephedrine, or any salt, isomer or salt of an isomer of such substances.

     (b) "Chemical reagent" means a chemical reagent that can  be  used  in the manufacture, production or preparation of methamphetamine.

     (c) "Solvent" means a solvent that can be used in the manufacture, production or preparation of methamphetamine.

     (d) "Laboratory equipment" means any items, components or  materials that can be used in the manufacture, preparation or production of methamphetamine.

     (e) "Hazardous or dangerous material" means any substance, or combination of substances, that results from or is used in the  manufacture, preparation or production of methamphetamine which, because of its quantity, concentration, or physical or chemical characteristics, poses a substantial risk to human health or safety, or a substantial danger to the environment.

     § 4. The penal law is amended by adding seven new sections 220.70,
220.71, 220.72, 220.73, 220.74, 220.75 and 220.76 to read as follows:

   § 220.70 Criminal possession of methamphetamine manufacturing material in the second degree.

     A  person is guilty of criminal possession of methamphetamine manufacturing material in the second degree when he or she possesses a  precursor, a chemical reagent or a solvent with the intent to use or knowing another intends to use such precursor, chemical reagent, or  solvent to unlawfully produce, prepare or manufacture methamphetamine.

     Criminal possession of methamphetamine manufacturing material in the second degree is a class A misdemeanor.

   § 220.71 Criminal possession of methamphetamine manufacturing material in the first degree.

     A person is guilty of criminal possession of methamphetamine manufacturing material in the first degree when he or she commits the  offense of criminal possession of methamphetamine manufacturing material in the second degree, as defined in section 220.70 of this  article, and has previously been convicted within the preceding five years of criminal possession of methamphetamine manufacturing material  in the second degree, as defined in section 220.70 of this article, or a violation of this section.

     Criminal possession of methamphetamine manufacturing material in the first degree is a class E felony.

   § 220.72 Criminal possession of precursors of methamphetamine.

     A person is guilty of criminal possession of precursors of methamphetamine when he or she possesses at the same time a precursor and a solvent or chemical reagent, with intent to use or knowing that another intends to use each such precursor, solvent or chemical reagent to unlawfully manufacture methamphetamine.

     Criminal possession of precursors of methamphetamine is a class E
felony.

   § 220.73 Unlawful manufacture of methamphetamine in the third degree.

     A person is guilty of unlawful manufacture of methamphetamine in  the third degree when he or she possesses at the same time and location, with intent to use, or knowing that another intends to use  each such product to unlawfully manufacture, prepare or produce methamphetamine:

     1. Two or more items of laboratory equipment and two or more precursors, chemical reagents or solvents in any combination; or

     2. One item of laboratory equipment and three or more precursors, chemical reagents or solvents in any combination; or

     3. A precursor:

     (a) mixed together with a chemical reagent or solvent; or

     (b) with two or more chemical reagents and/or solvents mixed together.

     Unlawful manufacture of methamphetamine in the third degree is a class D felony.

   § 220.74 Unlawful manufacture of methamphetamine in the second degree.

     A person is guilty of unlawful manufacture of methamphetamine in the second degree when he or she:

     1. Commits the offense of unlawful manufacture of methamphetamine in the third degree as defined in section 220.73 of this article in the
presence of another person under the age of sixteen, provided,  however, that the actor is at least five years older than such other person under the age of sixteen; or

     2. Commits the crime of unlawful manufacture of methamphetamine in the third degree as defined in section 220.73 of this article and has previously been convicted within the preceding five years of the offense of criminal possession of precursors of methamphetamine as defined in section 220.72 of this article, criminal possession of methamphetamine manufacturing material in the first degree as defined in section  220.71 of this article, unlawful disposal of methamphetamine laboratory material as defined in section 220.76 of this article, unlawful manufacture of methamphetamine in the third degree as defined in section 220.73 of this article, unlawful manufacture of methamphetamine in the second degree as defined in this section, or unlawful manufacture of methamphetamine in the first degree as defined in section 220.75 of this article.

     Unlawful manufacture of methamphetamine in the second degree is a
class C felony.

   § 220.75 Unlawful manufacture of methamphetamine in the first degree.

     A person is guilty of unlawful manufacture of methamphetamine in the first degree when such person commits the crime of unlawful manufacture of methamphetamine in the second degree, as defined in subdivision one of section 220.74 of this article, after having  previously been convicted  within  the  preceding  five years of unlawful manufacture of methamphetamine in the third degree, as  defined in section 220.73, unlawful manufacture of methamphetamine in the second degree, as defined in section 220.74 of this article, or unlawful manufacture of methamphetamine in the first degree, as defined in this section.

     Unlawful manufacturer of methamphetamine in the first degree is a
class B felony.

   § 220.76 Unlawful disposal of methamphetamine laboratory material.

     A person is guilty of unlawful disposal of methamphetamine laboratory material when, knowing that such actions are in furtherance of a methamphetamine operation, he or she knowingly disposes of, or possesses with intent to dispose of, hazardous or dangerous material under circumstances that create a substantial risk to human health or safety or a substantial danger to the environment.

     Unlawful disposal of methamphetamine laboratory material is a class E felony.

     § 5. Section 70.25 of the penal law is amended by adding a new subdivision 2-g to read as follows:

     2-g. Whenever a person is convicted of unlawful manufacture of methamphetamine in the third degree as defined in section 220.73 of this chapter, unlawful manufacture of methamphetamine in the second degree as defined in section 220.74 of this chapter, or unlawful  manufacture of methamphetamine in the first degree as defined in section 220.75 of this chapter, or any attempt to commit any of such offenses, and such person is also convicted, with respect to such unlawful methamphetamine laboratory, of unlawful disposal of  methamphetamine laboratory material as defined in section 220.76 of  this chapter, the sentences must run concurrently.

     § 6. Paragraph (c) of subdivision 8 of section 700.05 of the criminal procedure law, as amended by chapter 154 of the laws of 1990, is amended to read as follows:

     (c) Criminal possession of a controlled substance in the seventh degree as defined in section 220.03 of the penal law, [criminal possession of a controlled substance in the sixth degree as defined in section 220.05 of the penal law,] criminal possession of a controlled   substance in the fifth degree as defined in section 220.06 of the penal   law, criminal possession of a controlled substance in the fourth degree as defined in section 220.09 of the penal law, criminal possession of a controlled substance in the third degree as defined in section 220.16 of the penal law, criminal possession of a controlled substance in the second degree as defined in section 220.18 of the penal law, criminal   possession of a controlled substance in the first degree as defined in section 220.21 of the penal law, criminal sale of a controlled substance in the fifth degree as defined in section 220.31 of the penal law, criminal sale of a controlled substance in the fourth degree as defined in section 220.34 of the penal law, criminal sale of a controlled substance in the third degree as defined in section 220.39 of the penal law, criminal sale of a controlled substance in the second degree as defined in section 220.41 of the penal law, criminal sale of a controlled substance in the first degree as defined in section 220.43 of the penal law, criminally possessing a hypodermic instrument as defined in section 220.45 of the penal law, criminal possession of methamphetamine manufacturing material in the second degree as defined in section 220.70 of the penal law, criminal possession of methamphetamine manufacturing material in the first degree as defined in section 220.71 of the penal law, criminal  possession of precursors of methamphetamine as defined in section 220.72 of the penal law, unlawful manufacture of methamphetamine in the third degree as defined  in section 220.73 of the penal law, unlawful manufacture of methamphetamine in the second degree as defined in section 220.74 of the penal law, unlawful manufacture of methamphetamine in the first  degree as defined in section 220.75 of the penal law, unlawful disposal of methamphetamine laboratory material as defined in section 220.76 of the penal law, criminal possession of marihuana in the first degree as  defined in section 221.30 of the penal law, criminal sale of marihuana in the first degree as defined in section 221.55 of the penal law,  promoting gambling in the second degree as defined in section 225.05 of the penal law, promoting gambling in the first degree as defined in  section 225.10 of the penal law, possession of gambling records in the second degree as defined in section 225.15 of the penal law, possession  of gambling records in the first degree as defined in section 225.20 of the penal law, and possession of a gambling device as defined in section 225.30 of the penal law;

     § 7. Section 413 of the social services law is amended by adding a new subdivision 4 to read as follows:

     4. Any person, institution, school, facility, agency, organization, partnership or corporation, which employs persons who  are mandated to report suspected incidents of child abuse or maltreatment pursuant to subdivision one of this section and whose  employees, in the normal course of their employment, travel to locations where children reside, shall provide, consistent with section four hundred twenty-one of this title, all such current and new employees with information on recognizing the signs of an unlawful methamphetamine laboratory.  Pursuant to section 19.27 of the mental hygiene law, the office of alcoholism and substance abuse services shall make available to such employers information on recognizing the signs of unlawful methamphetamine laboratories.

     § 8. The executive law is amended by adding two new sections 221-c and 221-d to read as follows:

     § 221-c. Statewide repository of data relating to unlawful methamphetamine laboratories.  The division of state police shall maintain a statewide repository of data relating to unlawful methamphetamine laboratories, and develop and implement a program to provide for the collection of data and the reporting thereof by law enforcement agencies.  Data acquired by law enforcement agencies relating to unlawful methamphetamine laboratories shall be sent to the repository as soon as reasonably practicable.  Data in the repository shall be made available to law enforcement agencies for the purpose of assisting them in combating the unlawful manufacture, preparation or production of methamphetamine.

     § 221-d.  Discovery of an unlawful methamphetamine laboratory.
     1. Whenever a law enforcement agency discovers or recognizes the presence of an unlawful methamphetamine laboratory, such agency shall, as soon as reasonably practicable, notify, or cause to be notified, the division of state police regarding the location of such laboratory.

     2. Whenever the division of state police receives a report of an unlawful methamphetamine laboratory, or discovers or recognizes the presence of an unlawful methamphetamine laboratory, such division, as
soon as reasonably practicable shall notify, or cause to be notified,   the department of environmental conservation of such information.

     § 9. The general municipal law is amended by adding a new section
209-dd to read as follows:

     §  209-dd.  Discovery of unlawful drug laboratory.  All emergency   services personnel, as defined in section two hundred nine-cc of this
article, shall be provided with information on recognizing the signs of
an unlawful methamphetamine laboratory.  Pursuant to section 19.27 of
the mental hygiene law, the office of alcoholism and substance abuse
services shall make such information on recognizing the signs of  unlawful methamphetamine laboratories available to such personnel. Emergency services personnel shall notify or cause to be notified the division of state police regarding the location of any such unlawful methamphetamine laboratory.

     §  10. The mental hygiene law is amended by adding a new section 19.27 to read as follows:

   § 19.27 Methamphetamine awareness and education program.

    The office shall serve as the principle source for the statewide dissemination of information on methamphetamines. The office shall establish a 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 methamphetamine laboratories.  Such information shall be made available to the following individuals and groups: chemical dependence prevention
programs; child protective services; social services; schools;  community-based organizations; chemical dependence treatment programs; health care providers; emergency services personnel (including police,  fire fighters and ambulance personnel); and other entities or individuals deemed appropriate by the office.

     § 11. The public health law is amended by adding a new section 3384 to read as follows:

     § 3384. Information program for retailers.  The department shall develop and maintain a program to inform retailers about the methamphetamine problem in New York state.

     §  12.  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 or  presence of hazardous or dangerous materials that is the result of the unlawful manufacture of methamphetamine, when such person has been  convicted of section 220.73, 220.74, 220.75 or 220.76 of the penal law.

     § 13.  This act shall take effect on the sixtieth day after it shall have become a law; provided that sections seven, ten and eleven of this act shall take effect on the first of November next succeeding the date on which it shall have become a law.

   The Legislature of the STATE OF NEW YORK ss:
     Pursuant to the authority vested in us by section 70-b of the Public Officers Law, we hereby jointly certify that this slip copy of  this session law was printed under our direction and, in accordance with such section, is entitled to be read into evidence.

          JOSEPH L. BRUNO                            SHELDON SILVER
   Temporary President of the Senate            Speaker of the Assembly