assembly Bill A8396A

Signed By Governor
2009-2010 Legislative Session

Relates to hypodermic syringes and the lawful possession of such syringes

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S5620 - 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 (19)
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 29, 2010 substituted by s5620a
Feb 22, 2010 amended on third reading 8396a
Jan 06, 2010 ordered to third reading cal.586
returned to assembly
died in senate
Jun 22, 2009 referred to rules
delivered to senate
passed assembly
Jun 15, 2009 ordered to third reading rules cal.253
rules report cal.253
reported
Jun 10, 2009 reported referred to rules
May 19, 2009 referred to codes

Votes

view votes

Feb 23, 2010 - Codes committee Vote

S5620A
10
6
committee
10
Aye
6
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Jun 2, 2009 - Codes committee Vote

S5620
10
2
committee
10
Aye
2
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

A8396 (ACTIVE) - Details

See Senate Version of this Bill:
S5620
Law Section:
Penal Law
Laws Affected:
Amd §§220.03 & 220.45, Pen L

A8396 (ACTIVE) - Summary

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

A8396 (ACTIVE) - Bill Text download pdf

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

                                  8396

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2009
                               ___________

Introduced by M. of A. GOTTFRIED, LENTOL -- (at request of the Governor)
  -- read once and referred 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-
cies  and prosecutors of the rights of individuals to possess hypodermic

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

A8396A (ACTIVE) - Details

See Senate Version of this Bill:
S5620
Law Section:
Penal Law
Laws Affected:
Amd §§220.03 & 220.45, Pen L

A8396A (ACTIVE) - Summary

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

A8396A (ACTIVE) - Sponsor Memo

A8396A (ACTIVE) - Bill Text download pdf

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

                                 8396--A
                                                        Cal. No. 586

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2009
                               ___________

Introduced by M. of A. GOTTFRIED, LENTOL, JEFFRIES -- (at request of the
  Governor)  --  read  once  and  referred  to the Committee on Codes --
  reported from committee, advanced to  a  third  reading,  amended  and
  ordered reprinted, retaining its place on the order of third reading

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12057-04-0

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