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 |
Assembly Bill A8396
Signed By Governor2009-2010 Legislative Session
Sponsored By
GOTTFRIED
Archive: Last Bill Status Via S5620 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2009-A8396 - Details
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§220.03 & 220.45, Pen L
2009-A8396 - 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
2009-A8396A (ACTIVE) - Details
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§220.03 & 220.45, Pen L
2009-A8396A (ACTIVE) - Sponsor Memo
BILL NUMBER:A8396A 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
2009-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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