assembly Bill A2063C

Signed By Governor
2011-2012 Legislative Session

Provides limitations on use of evidence obtained in connection with a person seeking or receiving health care for a drug overdose

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Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (24)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 20, 2011 approval memo.4
signed chap.154
Jul 08, 2011 delivered to governor
Jun 20, 2011 returned to assembly
passed senate
3rd reading cal.1386
substituted for s4454b
referred to rules
returned to senate
repassed assembly
Jun 16, 2011 amended on third reading (t) 2063c
vote reconsidered - restored to third reading
Jun 16, 2011 returned to assembly
recalled from senate
Jun 02, 2011 referred to codes
delivered to senate
passed assembly
May 26, 2011 advanced to third reading cal.444
May 24, 2011 reported
May 12, 2011 print number 2063b
amend and recommit to codes
May 03, 2011 print number 2063a
amend and recommit to codes
Jan 13, 2011 referred to codes

Co-Sponsors

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Multi-Sponsors

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A2063 - Details

See Senate Version of this Bill:
S4454B
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §390.40, CP L; amd §220.03, add §220.78, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A8147A

A2063 - Summary

Provides limitations on use of evidence obtained in connection with a person seeking or receiving health care for a drug overdose.

A2063 - Bill Text download pdf

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

                                  2063

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2011
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED,  DINOWITZ, CAHILL, GALEF, JAFFEE,
  BROOK-KRASNY, DenDEKKER, ORTIZ, SPANO -- Multi-Sponsored by --  M.  of
  A.  GIGLIO,  HOOPER,  JACOBS,  V. LOPEZ,  McDONOUGH,  McENENY, PAULIN,
  PERRY, PHEFFER, RABBITT, SALADINO, SCARBOROUGH, TITONE, TOWNS, WEISEN-
  BERG -- read once and referred to the Committee on Codes

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
THE CONTROLLED SUBSTANCE  OR  ALCOHOL  WAS  COMBINED;  PROVIDED  THAT  A
PATIENT'S  CONDITION SHALL BE DEEMED TO BE A DRUG OR ALCOHOL OVERDOSE IF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05375-01-1

Co-Sponsors

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Multi-Sponsors

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A2063A - Details

See Senate Version of this Bill:
S4454B
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §390.40, CP L; amd §220.03, add §220.78, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A8147A

A2063A - Summary

Provides limitations on use of evidence obtained in connection with a person seeking or receiving health care for a drug overdose.

A2063A - Bill Text download pdf

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

                                 2063--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2011
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED,  DINOWITZ, CAHILL, GALEF, JAFFEE,
  BROOK-KRASNY, DenDEKKER, ORTIZ, SPANO, P. RIVERA -- Multi-Sponsored by
  -- M. of A.   GIGLIO, HOOPER, JACOBS,  V. LOPEZ,  McDONOUGH,  McENENY,
  PAULIN,  PERRY, PHEFFER, RABBITT, SALADINO, SCARBOROUGH, TITONE, WEIS-
  ENBERG -- read once and referred to the Committee on Codes --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

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.
                                                           LBD05375-02-1

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A2063B - Details

See Senate Version of this Bill:
S4454B
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §390.40, CP L; amd §220.03, add §220.78, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A8147A

A2063B - Summary

Provides limitations on use of evidence obtained in connection with a person seeking or receiving health care for a drug overdose.

A2063B - Bill Text download pdf

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

                                 2063--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2011
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED,  DINOWITZ, CAHILL, GALEF, JAFFEE,
  BROOK-KRASNY, DenDEKKER, ORTIZ, SPANO,  P. RIVERA,  LAVINE  --  Multi-
  Sponsored by -- M.  of A. GIGLIO, HOOPER, JACOBS, V. LOPEZ, McDONOUGH,
  McENENY,  PAULIN,  PERRY,  PHEFFER,  RABBITT,  SALADINO,  SCARBOROUGH,
  TITONE, WEISENBERG -- read once and referred to the Committee on Codes
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted to said committee -- again reported from said commit-
  tee with amendments, ordered reprinted as amended and  recommitted  to
  said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05375-03-1

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

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A2063C (ACTIVE) - Details

See Senate Version of this Bill:
S4454B
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §390.40, CP L; amd §220.03, add §220.78, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A8147A

A2063C (ACTIVE) - Summary

Provides limitations on use of evidence obtained in connection with a person seeking or receiving health care for a drug overdose.

A2063C (ACTIVE) - Bill Text download pdf

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

                                 2063--C
                                                        Cal. No. 444

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2011
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED,  DINOWITZ, CAHILL, GALEF, JAFFEE,
  BROOK-KRASNY, DenDEKKER, ORTIZ, SPANO,  P. RIVERA,  LAVINE  --  Multi-
  Sponsored by -- M.  of A. GIGLIO, HOOPER, JACOBS, V. LOPEZ, McDONOUGH,
  McENENY,  PAULIN, PERRY, RABBITT, SALADINO, SCARBOROUGH, TITONE, WEIS-
  ENBERG -- read once and referred to the Committee on Codes --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee -- again reported from  said  committee  with
  amendments,  ordered  reprinted  as  amended  and  recommitted to said
  committee -- passed by Assembly and delivered to the Senate,  recalled
  from  the  Senate, vote reconsidered, bill amended, ordered reprinted,
  retaining its place on the order of third reading

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation  to  prosecution of a person who, in good faith, seeks health
  care for someone who is experiencing a drug  or  alcohol  overdose  or
  other life threatening medical emergency

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

  Section 1. Legislative intent. 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  proto-
cols to secure the scene of an overdose.
  S  2.  The penal law is amended by adding a new section 220.78 to read
as follows:
S 220.78 WITNESS OR VICTIM OF DRUG OR ALCOHOL OVERDOSE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05375-05-1

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