NY State Senate Bill S5620A

senate Bill S5620A

Signed By Governor

2009-2010 Legislative Session

Relates to hypodermic syringes and the lawful possession of such syringes

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (20)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 30, 2010	signed chap.284
Jul 19, 2010	delivered to governor
Jun 29, 2010	returned to senate passed assembly ordered to third reading cal.586 substituted for a8396a
Jun 15, 2010	referred to codes delivered to assembly passed senate
Mar 01, 2010	advanced to third reading
Feb 24, 2010	2nd report cal.
Feb 23, 2010	1st report cal.155
Feb 12, 2010	print number 5620a
Feb 12, 2010	amend and recommit to codes
Jan 06, 2010	referred to codes
Jul 16, 2009	committed to rules
Jun 04, 2009	advanced to third reading
Jun 03, 2009	2nd report cal.
Jun 02, 2009	1st report cal.578
May 22, 2009	referred to codes

Votes

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Jun 15, 2010 - floor Vote

S5620A

floor

Aye

Nay

Absent

Excused

Abstained

Feb 23, 2010 - Codes committee Vote

S5620A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 2, 2009 - Codes committee Vote

S5620

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S5620 - Details

See Assembly Version of this Bill:: A8396
Law Section:: Penal Law
Laws Affected:: Amd §§220.03 & 220.45, Pen L

S5620 - Summary

Relates to hypodermic syringes and the lawful possession of such syringes.

S5620 - Sponsor Memo

 BILL NUMBER:  S5620

 TITLE OF BILL :

An act to amend the penal law, in relation to hypodermic syringes


 PURPOSE OF THE BILL :

This bill would add language to the penal law to make it explicit that
a person is not criminally liable for possessing syringes and drug
residue in or on syringes that the person has a right to possess based
on his or her participation in the Public Health Law's Syringe
Exchange Program (SEP) or Expanded Syringe Access Program (ESAP).

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends Penal Law § 220.03, the misdemeanor
offense of Criminal Possession of a Controlled Substance in the
Seventh Degree, to provide that a person does not commit this crime
when he or she possesses only a residual amount of a controlled
substance that is in or on a syringe that he or she possesses pursuant
to a needle exchange program set forth in Public Health Law § 3381.

Section 2 of the bill would add similar language to Penal Law §
220.45, to make it explicit that a person does not criminally possess

a hypodermic instrument when he or she possesses a hypodermic needle
or syringe pursuant to Public Health Law § 3381.

Section 3 of the bill would require the Commissioner of the Division
of Criminal Justice Services (DCJS) to ensure that law enforcement
agencies and prosecutors are aware of both an individual's right to
possess hypodermic needles or syringes pursuant to the Public Health
Law's needle exchange programs, and the methods available to verify
that a person is participating in such a program.

Section 4 of the bill contains the effective date.

 EXISTING LAW :

Public Health Law § 3381 establishes programs by which certain persons
may lawfully obtain hypodermic needles and syringes. Under these
programs, it is unlawful for a person to obtain a hypodermic needle or
syringe, unless: (a) such possession is authorized by the Commissioner
of Health; (b) possession is pursuant to a prescription; or (c) the
hypodermic needle or syringe was dispensed by an authorized pharmacy,
health care facility or health care practitioner in accordance with
certain statutory criteria. As part of their participation in ESAP,
and in accordance with Department of Health (DOH) regulations, the
authorized pharmacies, health care facilities and health care
practitioners must cooperate in the safe disposal of used needles and
syringes.

Under Penal Law § 220.03, it is the class A misdemeanor of Criminal
Possession of a Controlled Substance in the Seventh Degree when a
person knowingly and unlawfully possesses a controlled substance. The
New York Court of Appeals has held that unusable "residue," such as
that which may remain in or on a used needle or syringe, is legally
sufficient to support a seventh-degree possession charge. People v.
Mizell, 72 N.Y.2d 651 (1988).

Penal Law § 220.45 provides that it is the class A misdemeanor of
Criminally Possessing a Hypodeilllic Instrument when a person
knowingly and unlawfully possesses or sells a hypodermic needle or
syringe.

 STATEMENT IN SUPPORT :

Numerous state, national and international studies have found that
programs that provide access to clean syringes and to substance abuse
counseling and health care, such as is provided by New York's syringe
exchange programs, are effective in reducing transmission of
blood-borne diseases such as HIV. According to a December 2005 report
from the Centers for Disease Control and Prevention (CDC), syringe
exchange programs like those contained in Public Health Law § 3381 are
an effective means of preventing new infections of life-threatening
blood-borne diseases such as HIV / AIDS and Hepatitis C, and that the
costs of such programs are considerably less than the medical costs of
treating persons infected with one of these diseases
(www.cdc.gov/idu/facts/AED IDU SYR.pdf).

In New York State, published research indicates that the legalization
and expansion of syringe exchange in New York City has been associated
with a very substantial (80%) reduction in HIV incidence among
injecting drug users in the city.  Furthermore, a National Institute
of Health report concluded that studies on syringe exchange programs
"show a reduction in risk behaviors as high as 80% in injection drug
users, with estimates of a 30 percent or greater reduction in HIV."

New York State has had syringe exchange programs for at least two
decades, as set forth in Public Health Law § 3381, but participants in
these programs report that they continue to be arrested and charged
with possession of lawfully acquired syringes and residual amounts of
controlled substances present on those syringes. While these charges
are typically dismissed by prosecutors, individuals may have to spend
time in a local jail awaiting dismissal. Participants also report that
some law enforcement entities and defense attorneys are unfamiliar
with the provisions of the Public Health Law that make such possession
of the syringes lawful.

Some of the confusion about the legality of an individual's possession
of a needle or syringe may result from the fact that the crimes with
which participants are charged are contained in the Penal Law, but the
statute giving them the lawful right to possess the needles and
syringes are contained in the Public Health Law. To address this
issue, this bill would add language to Penal Law § 220.45, the statute
defining the crime of Criminally Possessing a Hypodermic Instrument,
to make it clear that it is not a violation of that provision if a
person possesses the needle or syringe pursuant to the Public Health
Law program.

Second, although there is nothing in the Public Health Law that
explicitly makes it lawful to possess residual amounts of controlled
substances on or in needles or syringes possessed on account of a
needle exchange program, charging an individual with possession of
that residue is inconsistent with the underlying intent and rationale
of such a program - that used needles are to be retained by the
participant and returned and properly disposed of so that any
infectious diseases contained on them cannot be spread to other
addicts who might otherwise share the needle. To address this issue,
this bill would add language to Penal Law § 220.03, the Criminal
Possession of a Controlled Substance in the Seventh Degree statute, to
make it clear that it is not a violation of the statute when an
individual possesses only a residual amount of a controlled substance
on a needle or syringe that he or she is lawfully entitled to possess
under the Public Health Law.

Finally, in order to help prevent further arrests of persons who are
lawfully entitled to possess these needles and syringes and the
residual amounts of drugs present on them, this bill would charge the
Commissioner of DCJS with taking steps necessary to routinely notify
law enforcement agencies and prosecutors of the Public Health Law's
SEP and the steps that they can take to verify a particular
individual's participation in the program.

Taking these steps will enhance use of New York's programs that
minimize disease transmission and maximize access to care and
treatment. As now implemented, intravenous drug users may see little
benefit in participating in such programs if participants continue to
be arrested. However, by making these programs function as intended,
more intravenous drug users will have an incentive to join them, which
can reduce the incidence of life-threatening infectious diseases that
are spread by re-use and sharing of contaminated needles and syringes
and increase the number of individuals who are provided prevention
education and who are referred to health, supportive and substance use
treatment services.

 BUDGET IMPLICATIONS :

This bill would have no state fiscal impact.

 EFFECTIVE DATE :
This bill would become effective on November 1, 2009.

S5620 - Bill Text download pdf

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

                                  5620

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 22, 2009
                               ___________

Introduced  by Sens. DUANE, SCHNEIDERMAN -- (at request of the Governor)
  -- 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 hypodermic syringes

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

  Section  1. Section 220.03 of the penal law, as amended by chapter 410
of the laws of 1979, is amended to read as follows:
S 220.03 Criminal possession of a controlled substance  in  the  seventh
           degree.
  A person is guilty of criminal possession of a controlled substance in
the  seventh  degree when he OR SHE knowingly and unlawfully possesses a
controlled  substance;  PROVIDED,  HOWEVER,  THAT  IT  SHALL  NOT  BE  A
VIOLATION OF THIS SECTION WHEN A PERSON POSSESSES A RESIDUAL AMOUNT OF A
CONTROLLED  SUBSTANCE  AND THAT RESIDUAL AMOUNT IS IN OR ON A HYPODERMIC
SYRINGE OR HYPODERMIC NEEDLE OBTAINED AND POSSESSED PURSUANT TO  SECTION
THIRTY-THREE HUNDRED EIGHTY-ONE OF THE PUBLIC HEALTH LAW.
  Criminal possession of a controlled substance in the seventh degree is
a class A misdemeanor.
  S 2. Section 220.45 of the penal law is amended to read as follows:
S 220.45 Criminally possessing a hypodermic instrument.
  A  person  is  guilty of criminally possessing a hypodermic instrument
when he OR SHE knowingly and unlawfully possesses or sells a  hypodermic
syringe  or  hypodermic  needle.  IT  SHALL  NOT  BE A VIOLATION OF THIS
SECTION WHEN A PERSON OBTAINS AND  POSSESSES  A  HYPODERMIC  SYRINGE  OR
HYPODERMIC NEEDLE PURSUANT TO SECTION THIRTY-THREE HUNDRED EIGHTY-ONE OF
THE PUBLIC HEALTH LAW.
  Criminally  possessing  a hypodermic instrument is a class A misdemea-
nor.
  S 3. The commissioner of the division  of  criminal  justice  services
shall  take steps necessary to periodically inform law enforcement agen-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12057-03-9

S. 5620                             2

cies and prosecutors of the rights of individuals to possess  hypodermic
syringes  and  hypodermic  needles  and  residual  amounts of controlled
substances in or on certain hypodermic syringes and needles pursuant  to
section  3381  of  the  public health law and the methods and procedures
available to verify and confirm that a person in possession of  a  hypo-
dermic  syringe  or  hypodermic  needle  is in lawful possession of such
syringe or needle as a result of his or her participation in the program
created pursuant to section 3381 of the public health law.
  S 4. This act shall take effect November 1, 2009.

Co-Sponsors

S5620A (ACTIVE) - Details

See Assembly Version of this Bill:: A8396
Law Section:: Penal Law
Laws Affected:: Amd §§220.03 & 220.45, Pen L

S5620A (ACTIVE) - Summary

Relates to hypodermic syringes and the lawful possession of such syringes.

S5620A (ACTIVE) - Sponsor Memo

BILL NUMBER:S5620A

TITLE OF BILL:

An act to amend the penal law, in relation to hypodermic syringes

PURPOSE OF BILL:

This bill would add language to the penal law to make it explicit that a
person is not criminally liable for possessing syringes and drug residue
in or on syringes that the person has a right to possess based on his or
her participation in the Public Health Law's Syringe Exchange Program
(SEP) or Expanded Syringe Access Program (ESAP).

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Penal Law § 220.03, the misdemeanor offense
of Criminal Possession of a Controlled Substance in the Seventh Degree,
to provide that a person does not commit this crime when he or she
possesses only a residual amount of a controlled substance that is in or
on a syringe that he or she possesses pursuant to a needle exchange
program set forth in Public Health Law § 3381.

Section 2 of the bill would add similar language to Penal Law §220.45,
to make it explicit that a person does not criminally possess a hypo-
dermic instrument when he or she possesses a hypodermic needle or

syringe pursuant to Public Health Law § 3381.

Section 3 of the bill would require the commissioner of the Division of
Criminal Justice Services (DCJS) to ensure that law enforcement agencies
and prosecutors are aware of both an individual's right to possess hypo-
dermic needles or syringes pursuant to the Public Health Law's needle
exchange programs, and the methods available to verify that a person is
participating in such a program.

Section 4 of the bill contains the effective date.

EXISTING LAW:

Public Health Law § 3381 establishes programs by which certain persons
may lawfully obtain hypodermic needles and syringes. Under these
programs, it is unlawful for a person to obtain a hypodermic needle or
syringe, unless: (a) such possession is authorized by the Commissioner
of Health; (b) possession is pursuant to a prescription; or (c) the
hypodermic needle or syringe was dispensed by an authorized pharmacy,
health care facility or health care practitioner in accordance with
certain statutory criteria. As part of their participation in ESAP, and
in accordance with Department of Health (DOH) regulations, the author-
ized pharmacies, health care facilities and health care practitioners
must cooperate in the safe disposal of used needles and syringes.

Under Penal Law § 220.03, it is the class A misdemeanor of Criminal
Possession of a Controlled Substance in the Seventh Degree when a person
knowingly and unlawfully possesses a controlled substance. The New York
Court of Appeals has held that unusable "residue," such as that which
may remain in or on a used needle or syringe, is legally sufficient to
support a seventh-degree possession charge.  People v. Mizell, 72 N.Y.2d
651 (1988).

Penal Law § 220.45 provides that it is the class A misdemeanor of Crimi-
nally Possessing a Hypodermic Instrument when a person knowingly and
unlawfully possesses or sells a hypodermic needle or syringe.

STATEMENT IN SUPPORT:

Numerous state, national and international studies have found that
programs that provide access to clean syringes and to substance abuse
counseling and health care, such as is provided by New York's syringe
exchange programs, are effective in reducing transmission of blood-borne
diseases such as HIV. According to a December 2005 report from the
Centers for Disease Control and Prevention (CDC), syringe exchange
programs like those contained in Public Health Law § 3381 are an effec-
tive means of preventing new infections of life-threatening blood-borne
diseases such as HIV/AIDS and Hepatitis C, and that the costs of such
programs are considerably less than the medical costs of treating
persons infected with one of these diseases.
(www.cdc.gov/idu/facts/AED_IDU_SYR.pdf).

In New York State, published research indicates that the legalization
and expansion of syringe exchange in New York City has been associated
with a very substantial (80%) reduction in HIV incidence among injecting
drug users in the city.  Furthermore, a National Institute of Health
report concluded that studies on syringe exchange programs "show a
reduction in risk behaviors as high as 80% in injection drug users, with
estimates of a 30 percent or greater reduction in HIV."

New York State has had syringe exchange programs for at least two
decades, as set forth in Public Health Law § 3381, but participants in
these programs report that they continue to be arrested and charged with
possession of lawfully acquired syringes and residual amounts of
controlled substances present on those syringes. While these charges are
typically dismissed by prosecutors, individuals may have to spend time
in a local jail awaiting dismissal.  Participants also report that some-
law enforcement entities and defense attorneys are unfamiliar with the
provisions of the Public Health Law that make such possession of the
syringes lawful.

Some of the confusion about the legality of an individual's possession
of a needle or syringe may result from the fact that the crimes with
which participants are charged are contained in the Penal Law, but the
statute giving them the lawful right to possess the needles and syringes
are contained in the Public Health Law. To address this issue, this bill
would add language to Penal Law §220.45, the statute defining the crime

of Criminally Possessing a Hypodermic Instrument, to make it clear that
it is not a violation of that provision if a person possesses the needle
or syringe pursuant to the Public Health Law program.

Second, although there is nothing in the Public Health Law that explic-
itly makes it lawful to possess residual amounts of controlled
substances on or in needles or syringes possessed on account of a needle
exchange program, charging an individual with possession of that residue
is inconsistent with the underlying intent and rationale of such a
program - that used needles are to be retained by the participant and
returned and properly disposed of so that any infectious diseases
contained on them cannot be spread to other addicts who might otherwise
share the needle. To address this issue, this bill would add language to
Penal Law § 220.03, the Criminal Possession of a Controlled Substance in
the Seventh Degree statute, to make it clear that it is not a violation
of the statute when an individual possesses only a residual amount of a
controlled substance on a needle or syringe that he or she is lawfully
entitled to possess under the Public Health Law.

Finally, in order to help prevent further arrests of persons who are
lawfully entitled to possess these needles and syringes and the residual
amounts of drugs present on them, this bill would charge the Commission-
er of DCJS with taking steps necessary to routinely notify law enforce-
ment agencies and prosecutors of the Public Health Law's SEP and the
steps that they can take to verify a particular individual's partic-
ipation in the program.

Taking these steps will enhance use of New York's programs that minimize
disease transmission and maximize access to care and treatment. As now
implemented, intravenous drug users may see little benefit in partic-
ipating in such programs if participants continue to be arrested. Howev-
er, by making these programs function as intended, more intravenous drug
users will have an incentive to join them, which can reduce the inci-
dence of life-threatening infectious diseases that are spread by re-use
and sharing of contaminated needles and syringes and increase the number
of individuals who are provided prevention education and who are
referred to health, supportive and substance use treatment services.

BUDGET IMPLICATIONS:

This bill would have no state fiscal-impact.

EFFECTIVE DATE:

This bill would become effective 90 days after enactment.

S5620A (ACTIVE) - Bill Text download pdf

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

                                 5620--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 22, 2009
                               ___________

Introduced  by  Sens. DUANE, SCHNEIDERMAN, HASSELL-THOMPSON, MONTGOMERY,
  PERKINS, SAVINO -- (at request of the  Governor)  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Codes -- recommitted to the Committee  on  Codes  in  accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the penal law, in relation to hypodermic syringes

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

  Section  1. Section 220.03 of the penal law, as amended by chapter 410
of the laws of 1979, is amended to read as follows:
S 220.03 Criminal possession of a controlled substance  in  the  seventh
           degree.
  A person is guilty of criminal possession of a controlled substance in
the  seventh  degree when he OR SHE knowingly and unlawfully possesses a
controlled  substance;  PROVIDED,  HOWEVER,  THAT  IT  SHALL  NOT  BE  A
VIOLATION OF THIS SECTION WHEN A PERSON POSSESSES A RESIDUAL AMOUNT OF A
CONTROLLED  SUBSTANCE  AND THAT RESIDUAL AMOUNT IS IN OR ON A HYPODERMIC
SYRINGE OR HYPODERMIC NEEDLE OBTAINED AND POSSESSED PURSUANT TO  SECTION
THIRTY-THREE HUNDRED EIGHTY-ONE OF THE PUBLIC HEALTH LAW.
  Criminal possession of a controlled substance in the seventh degree is
a class A misdemeanor.
  S 2. Section 220.45 of the penal law is amended to read as follows:
S 220.45 Criminally possessing a hypodermic instrument.
  A  person  is  guilty of criminally possessing a hypodermic instrument
when he OR SHE knowingly and unlawfully possesses or sells a  hypodermic
syringe  or  hypodermic  needle.  IT  SHALL  NOT  BE A VIOLATION OF THIS
SECTION WHEN A PERSON OBTAINS AND  POSSESSES  A  HYPODERMIC  SYRINGE  OR
HYPODERMIC NEEDLE PURSUANT TO SECTION THIRTY-THREE HUNDRED EIGHTY-ONE OF
THE PUBLIC HEALTH LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12057-05-0

S. 5620--A                          2

  Criminally  possessing  a hypodermic instrument is a class A misdemea-
nor.
  S  3.  The  commissioner  of the division of criminal justice services
shall take steps necessary to periodically inform law enforcement  agen-
cies  and prosecutors of the rights of individuals to possess hypodermic
syringes and hypodermic  needles  and  residual  amounts  of  controlled
substances  in or on certain hypodermic syringes and needles pursuant to
section 3381 of the public health law and  the  methods  and  procedures
available  to  verify and confirm that a person in possession of a hypo-
dermic syringe or hypodermic needle is  in  lawful  possession  of  such
syringe or needle as a result of his or her participation in the program
created pursuant to section 3381 of the public health law.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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The New York State Senate

senate Bill S5620A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 15, 2010 - floor Vote

Floor Vote: Jun 15, 2010

Feb 23, 2010 - Codes committee Vote

Codes Committee Vote: Feb 23, 2010

Jun 2, 2009 - Codes committee Vote

Committee Vote: Jun 2, 2009

Bill Amendments

Co-Sponsors

S5620 - Details

S5620 - Summary

S5620 - Sponsor Memo

S5620 - Bill Text download pdf

Co-Sponsors

S5620A (ACTIVE) - Details

S5620A (ACTIVE) - Summary

S5620A (ACTIVE) - Sponsor Memo

S5620A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5620A

Share this bill

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 15, 2010 - floor Vote

Floor Vote: Jun 15, 2010

Feb 23, 2010 - Codes committee Vote

Codes Committee Vote: Feb 23, 2010

Jun 2, 2009 - Codes committee Vote

Committee Vote: Jun 2, 2009

Bill Amendments

Co-Sponsors

S5620 - Details

S5620 - Summary

S5620 - Sponsor Memo

S5620 - Bill Text download pdf

Co-Sponsors

S5620A (ACTIVE) - Details

S5620A (ACTIVE) - Summary

S5620A (ACTIVE) - Sponsor Memo

S5620A (ACTIVE) - Bill Text download pdf

Comments