STATE OF NEW YORK ________________________________________________________________________ 1481 2025-2026 Regular Sessions IN SENATE January 10, 2025 ___________ Introduced by Sen. O'MARA -- 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 penalties for the crimes of criminal possession of methamphetamine manufacturing material and unlawful manufacture of methamphetamine The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 220.70 of the penal law, as added by chapter 394 of 2 the laws of 2005, is amended to read as follows: 3 § 220.70 Criminal possession of methamphetamine manufacturing material 4 in the second degree. 5 A person is guilty of criminal possession of methamphetamine manufac- 6 turing material in the second degree when [he or she] such person 7 possesses a precursor, a chemical reagent or a solvent with the intent 8 to use or knowing another intends to use such precursor, chemical 9 reagent, or solvent to unlawfully produce, prepare or manufacture meth- 10 amphetamine. 11 Criminal possession of methamphetamine manufacturing material in the 12 second degree is a class [A misdemeanor] E felony. 13 § 2. Section 220.71 of the penal law, as added by chapter 394 of the 14 laws of 2005, is amended to read as follows: 15 § 220.71 Criminal possession of methamphetamine manufacturing material 16 in the first degree. 17 A person is guilty of criminal possession of methamphetamine manufac- 18 turing material in the first degree when [he or she] such person commits 19 the offense of criminal possession of methamphetamine manufacturing 20 material in the second degree, as defined in section 220.70 of this 21 article, and has previously been convicted within the preceding five 22 years of criminal possession of methamphetamine manufacturing material 23 in the second degree, as defined in section 220.70 of this article, or a 24 violation of this section. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03322-01-5
S. 1481 2 1 Criminal possession of methamphetamine manufacturing material in the 2 first degree is a class [E] D felony. 3 § 3. Section 220.73 of the penal law, as added by chapter 394 of the 4 laws of 2005, is amended to read as follows: 5 § 220.73 Unlawful manufacture of methamphetamine in the third degree. 6 A person is guilty of unlawful manufacture of methamphetamine in the 7 third degree when [he or she] such person possesses at the same time and 8 location, with intent to use, or knowing that another intends to use 9 each such product to unlawfully manufacture, prepare or produce meth- 10 amphetamine: 11 1. Two or more items of laboratory equipment and two or more precur- 12 sors, chemical reagents or solvents in any combination; or 13 2. One item of laboratory equipment and three or more precursors, 14 chemical reagents or solvents in any combination; or 15 3. A precursor: 16 (a) mixed together with a chemical reagent or solvent; or 17 (b) with two or more chemical reagents and/or solvents mixed together. 18 Unlawful manufacture of methamphetamine in the third degree is a class 19 [D] C felony. 20 § 4. Section 220.74 of the penal law, as added by chapter 394 of the 21 laws of 2005, is amended to read as follows: 22 § 220.74 Unlawful manufacture of methamphetamine in the second degree. 23 A person is guilty of unlawful manufacture of methamphetamine in the 24 second degree when [he or she] such person: 25 1. Commits the offense of unlawful manufacture of methamphetamine in 26 the third degree as defined in section 220.73 of this article in the 27 presence of another person under the age of sixteen, provided, however, 28 that the actor is at least five years older than such other person under 29 the age of sixteen; or 30 2. Commits the crime of unlawful manufacture of methamphetamine in the 31 third degree as defined in section 220.73 of this article and has previ- 32 ously been convicted within the preceding five years of the offense of 33 criminal possession of precursors of methamphetamine as defined in 34 section 220.72 of this article, criminal possession of methamphetamine 35 manufacturing material in the first degree as defined in section 220.71 36 of this article, unlawful disposal of methamphetamine laboratory materi- 37 al as defined in section 220.76 of this article, unlawful manufacture of 38 methamphetamine in the third degree as defined in section 220.73 of this 39 article, unlawful manufacture of methamphetamine in the second degree as 40 defined in this section, or unlawful manufacture of methamphetamine in 41 the first degree as defined in section 220.75 of this article. 42 Unlawful manufacture of methamphetamine in the second degree is a 43 class [C] B felony. 44 § 5. Section 220.75 of the penal law, as added by chapter 394 of the 45 laws of 2005, is amended to read as follows: 46 § 220.75 Unlawful manufacture of methamphetamine in the first degree. 47 A person is guilty of unlawful manufacture of methamphetamine in the 48 first degree when such person commits the crime of unlawful manufacture 49 of methamphetamine in the second degree, as defined in subdivision one 50 of section 220.74 of this article, after having previously been 51 convicted within the preceding five years of unlawful manufacture of 52 methamphetamine in the third degree, as defined in section 220.73, 53 unlawful manufacture of methamphetamine in the second degree, as defined 54 in section 220.74 of this article, or unlawful manufacture of methamphe- 55 tamine in the first degree, as defined in this section.
S. 1481 3 1 Unlawful [manufacturer] manufacture of methamphetamine in the first 2 degree is a class [B] A-I felony. 3 § 6. This act shall take effect on the first of November next succeed- 4 ing the date on which it shall have become a law.