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Senate Bill S3904

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 - In Senate Committee Codes Committee

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2009-S3904 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §220.30, Pen L

2009-S3904 (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-S3904 (ACTIVE) - Sponsor Memo

2009-S3904 (ACTIVE) - Bill Text download pdf 

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

                                  3904

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 3, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- 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  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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