S T A T E O F N E W Y O R K
________________________________________________________________________
8147--A
2009-2010 Regular Sessions
I N A S S E M B L Y
May 6, 2009
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Introduced by M. of A. GOTTFRIED, DINOWITZ, BRODSKY, CAHILL, GALEF,
JAFFEE -- Multi-Sponsored by -- M. of A. JACOBS, V. LOPEZ, PAULIN,
PERRY, QUINN, SCARBOROUGH, TOWNS, WEISENBERG -- read once and referred
to the Committee on Codes -- recommitted to the Committee on Codes in
accordance with Assembly Rule 3, sec. 2 -- reported and referred to
the Committee on Rules -- Rules Committee discharged, bill amended,
ordered reprinted as amended and recommitted to the Committee on Rules
AN ACT to amend the criminal procedure law, in relation to seeking or
receiving health care for a drug or alcohol overdose
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. It is the intent of the legislature to encourage a witness
or victim of a drug or alcohol related overdose to call 911 or seek
other emergency assistance in order to save the life of an overdose
victim by establishing a state policy of protecting the witnesses or
victim from arrest, charge, prosecution, and conviction for drug
possession, drug paraphernalia possession, and certain alcohol related
offenses. It is not the intent of the legislature to protect individuals
from arrest, charge, or prosecution for other offenses, including drug
trafficking, or to interfere with law enforcement protocols to secure
the scene of an overdose.
S 2. The criminal procedure law is amended by adding a new section
140.60 to read as follows:
S 140.60 WITNESS OR VICTIM OF DRUG OR ALCOHOL OVERDOSE.
1. DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(A) "DRUG OR ALCOHOL OVERDOSE" OR "OVERDOSE" MEANS AN ACUTE CONDITION
INCLUDING, BUT NOT LIMITED TO, PHYSICAL ILLNESS, COMA, MANIA, HYSTERIA
OR DEATH, WHICH IS THE RESULT OF CONSUMPTION OR USE OF A CONTROLLED
SUBSTANCE OR ALCOHOL AND RELATES TO AN ADVERSE REACTION TO OR THE QUAN-
TITY OF THE CONTROLLED SUBSTANCE OR ALCOHOL OR A SUBSTANCE WITH WHICH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11568-05-0
A. 8147--A 2
THE CONTROLLED SUBSTANCE OR ALCOHOL WAS COMBINED; PROVIDED THAT A
PATIENT'S CONDITION SHALL BE DEEMED TO BE A DRUG OR ALCOHOL OVERDOSE IF
A PRUDENT LAYPERSON, POSSESSING AN AVERAGE KNOWLEDGE OF MEDICINE AND
HEALTH, COULD REASONABLY BELIEVE THAT THE CONDITION IS IN FACT A DRUG OR
ALCOHOL OVERDOSE AND (EXCEPT AS TO DEATH) REQUIRES HEALTH CARE.
(B) "HEALTH CARE" MEANS THE PROFESSIONAL SERVICES PROVIDED TO A PERSON
EXPERIENCING A DRUG OR ALCOHOL OVERDOSE BY A HEALTH CARE PROFESSIONAL
LICENSED, REGISTERED OR CERTIFIED UNDER TITLE EIGHT OF THE EDUCATION LAW
OR ARTICLE THIRTY OF THE PUBLIC HEALTH LAW WHO, ACTING WITHIN HIS OR HER
LAWFUL SCOPE OF PRACTICE, MAY PROVIDE DIAGNOSIS, TREATMENT OR EMERGENCY
SERVICES FOR A PERSON EXPERIENCING A DRUG OR ALCOHOL OVERDOSE.
2. A PERSON OR PERSONS WHO, IN GOOD FAITH, SEEKS HEALTH CARE FOR SOME-
ONE WHO IS EXPERIENCING A DRUG OR ALCOHOL OVERDOSE OR OTHER LIFE THREAT-
ENING MEDICAL EMERGENCY SHALL NOT BE ARRESTED, CHARGED, PROSECUTED FOR
OR CONVICTED OF CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE UNDER
ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW, OR FOR UNLAWFUL OR CRIMINAL
POSSESSION OF MARIHUANA UNDER ARTICLE TWO HUNDRED TWENTY-ONE OF THE
PENAL LAW, OR FOR POSSESSION OF ALCOHOL BY A PERSON UNDER AGE TWENTY-ONE
YEARS UNDER SECTION SIXTY-FIVE-C OF THE ALCOHOLIC BEVERAGE CONTROL LAW,
OR FOR POSSESSION OF DRUG PARAPHERNALIA UNDER ARTICLE THIRTY-NINE OF THE
GENERAL BUSINESS LAW, WITH RESPECT TO ANY SUBSTANCE, MARIHUANA, ALCOHOL
OR PARAPHERNALIA THAT WAS OBTAINED AS A RESULT OF SUCH SEEKING OR
RECEIVING SUCH HEALTH CARE.
3. A PERSON WHO IS EXPERIENCING A DRUG OR ALCOHOL OVERDOSE OR OTHER
LIFE THREATENING MEDICAL EMERGENCY AND, IN GOOD FAITH, SEEKS HEALTH CARE
FOR HIMSELF OR HERSELF OR IS THE SUBJECT OF SUCH A GOOD FAITH REQUEST
FOR HEALTH CARE, SHALL NOT BE ARRESTED, CHARGED, PROSECUTED FOR OR
CONVICTED OF CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE UNDER ARTICLE
TWO HUNDRED TWENTY OF THE PENAL LAW, OR FOR UNLAWFUL OR CRIMINAL
POSSESSION OF MARIHUANA UNDER ARTICLE TWO HUNDRED TWENTY-ONE OF THE
PENAL LAW, OR FOR POSSESSION OF ALCOHOL BY A PERSON UNDER AGE TWENTY-ONE
YEARS UNDER SECTION SIXTY-FIVE-C OF THE ALCOHOLIC BEVERAGE CONTROL LAW,
OR FOR POSSESSION OF DRUG PARAPHERNALIA UNDER ARTICLE THIRTY-NINE OF THE
GENERAL BUSINESS LAW, WITH RESPECT TO ANY SUBSTANCE, MARIHUANA, ALCOHOL
OR PARAPHERNALIA THAT WAS OBTAINED AS A RESULT OF SUCH SEEKING OR
RECEIVING SUCH HEALTH CARE.
S 3. Section 390.40 of the criminal procedure law is amended by adding
a new subdivision 3 to read as follows:
3. THE ACT OF SEEKING HEALTH CARE FOR SOMEONE WHO IS EXPERIENCING A
DRUG OR ALCOHOL OVERDOSE OR OTHER LIFE THREATENING MEDIAL EMERGENCY
SHALL BE CONSIDERED BY THE COURT WHEN PRESENTED AS A MITIGATING FACTOR
IN ANY CRIMINAL PROSECUTION FOR A CONTROLLED SUBSTANCE, MARIHUANA, DRUG
PARAPHERNALIA, OR ALCOHOL RELATED OFFENSE.
S 4. This act shall take effect immediately.