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Assembly Bill A974

2009-2010 Legislative Session

Provides an exemption to the crime of criminal possession of a controlled substance upon the possession of residual amounts of such in a hypodermic syringe or needle

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Archive: Last Bill Status - Stricken

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2009-A974 (ACTIVE) - Details

See Senate Version of this Bill:
S3904
Law Section:
Penal Law
Laws Affected:
Add ยง220.30, Pen L

2009-A974 (ACTIVE) - Summary

Provides an exemption to the crime of criminal possession of a controlled substance upon the possession of residual amounts of a controlled substance in a hypodermic syringe or hypodermic needle pursuant to certain provisions of section 3381 of the public health law.

2009-A974 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   974

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. GOTTFRIED, PAULIN, J. RIVERA, MILLMAN, ESPAILLAT,
  COOK,  ALFANO -- Multi-Sponsored by -- M. of A. BARRA, BOYLAND, DINOW-
  ITZ, GLICK, JEFFRIES, KELLNER, SCARBOROUGH, WEISENBERG  --  read  once
  and referred to the Committee on Codes

AN  ACT  to  amend  the  penal law, in relation to residual amounts of a
  controlled substance

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The penal law is amended by adding a new section 220.30 to
read as follows:
S 220.30 CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE; EXEMPTION.
  A PERSON SHALL NOT BE GUILTY OF CRIMINAL POSSESSION  OF  A  CONTROLLED
SUBSTANCE  WHERE  HE  OR SHE POSSESSES A RESIDUAL AMOUNT OF A CONTROLLED
SUBSTANCE WHEN THAT RESIDUAL AMOUNT IS IN A HYPODERMIC SYRINGE OR  HYPO-
DERMIC   NEEDLE   POSSESSED  PURSUANT  TO  SUBDIVISION  ONE  OF  SECTION
THIRTY-THREE HUNDRED EIGHTY-ONE OF THE PUBLIC HEALTH LAW AND OBTAINED BY
SUCH PERSON PURSUANT TO PARAGRAPH (B)  OF  SUBDIVISION  ONE  OF  SECTION
THIRTY-THREE HUNDRED EIGHTY-ONE OF THE PUBLIC HEALTH LAW OR FROM A PHAR-
MACY, HEALTH CARE FACILITY OR HEALTH CARE PRACTITIONER PURSUANT TO PARA-
GRAPH  (C) OF SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED EIGHTY-ONE
OF THE PUBLIC HEALTH LAW.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00372-01-9

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