A 1059: Increases penalties for the crimes of criminal diversion of prescription medications and prescriptions in the first, second, third and fourth degrees and criminal sale of a prescription.
The bill aims to increase penalties for crimes related to the diversion of prescription medications and prescriptions, as well as the sale of controlled substances. It amends the penal law to classify crimes of diversion and sale into four degrees, with increasing severity. The bill increases the penalties for the crimes of criminal diversion of prescription medications and prescriptions in the first, second, third, and fourth degrees, and the criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist. The new penalties will take effect on the first of November next succeeding the date the bill becomes a law.
| Jan. 07, 2026 | referred to codes |
| Jan. 08, 2025 | referred to codes |
STATE OF NEW YORK ________________________________________________________________________ 1059 2025-2026 Regular Sessions IN ASSEMBLY January 8, 2025 ___________ Introduced by M. of A. MIKULIN -- read once and referred to the Commit- tee on Codes AN ACT to amend the penal law, in relation to increasing penalties for the crimes of criminal diversion of prescription medications and prescriptions in the first, second, third and fourth degrees and crim- inal sale of a prescription The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The closing paragraph of section 178.10 of the penal law, 2 as added by chapter 81 of the laws of 1995, is amended to read as 3 follows: 4 Criminal diversion of prescription medications and prescriptions in 5 the fourth degree is a class [A misdemeanor] E felony. 6 § 2. The closing paragraph of section 178.15 of the penal law, as 7 added by chapter 81 of the laws of 1995, is amended to read as follows: 8 Criminal diversion of prescription medications and prescriptions in 9 the third degree is a class [E] D felony. 10 § 3. The closing paragraph of section 178.20 of the penal law, as 11 added by chapter 81 of the laws of 1995, is amended to read as follows: 12 Criminal diversion of prescription medications and prescriptions in 13 the second degree is a class [D] C felony. 14 § 4. The closing paragraph of section 178.25 of the penal law, as 15 added by chapter 81 of the laws of 1995, is amended to read as follows: 16 Criminal diversion of prescription medications and prescriptions in 17 the first degree is a class [C] B felony. 18 § 5. The closing paragraph of section 220.65 of the penal law, as 19 amended by chapter 31 of the laws of 2014, is amended to read as 20 follows: 21 Criminal sale of a prescription for a controlled substance or of a 22 controlled substance by a practitioner or pharmacist is a class [C] B 23 felony. 24 § 6. This act shall take effect on the first of November next succeed- 25 ing the date on which it shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00130-01-5