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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Archive: Last Bill Status - Signed by Governor


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

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Actions

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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

Votes

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Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

Co-Sponsors

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A2063 - Bill 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 - Bill Texts

view summary

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

view full 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

A. 2063                             2

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.

Co-Sponsors

view all co-sponsors

A2063A - Bill 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 - Bill Texts

view summary

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

view full 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

A. 2063--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 WHO, IN GOOD FAITH, SEEKS HEALTH CARE FOR SOMEONE WHO IS
EXPERIENCING A DRUG  OR  ALCOHOL  OVERDOSE  OR  OTHER  LIFE  THREATENING
MEDICAL  EMERGENCY  SHALL  NOT  BE  ARRESTED, CHARGED, PROSECUTED FOR OR
CONVICTED OF A CONTROLLED SUBSTANCE OFFENSE UNDER  ARTICLE  TWO  HUNDRED
TWENTY  OR  A  MARIHUANA OFFENSE UNDER ARTICLE TWO HUNDRED TWENTY-ONE OF
THE PENAL LAW, OTHER THAN AN OFFENSE INVOLVING SALE FOR COMPENSATION, 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 GENER-
AL BUSINESS LAW, WITH RESPECT TO ANY  CONTROLLED  SUBSTANCE,  MARIHUANA,
ALCOHOL  OR  PARAPHERNALIA THAT WAS OBTAINED AS A RESULT OF SUCH SEEKING
OR RECEIVING OF 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  A  CONTROLLED SUBSTANCE OFFENSE UNDER ARTICLE TWO HUNDRED
TWENTY OR A MARIHUANA OFFENSE UNDER ARTICLE TWO  HUNDRED  TWENTY-ONE  OF
THE PENAL LAW, OTHER THAN AN OFFENSE INVOLVING SALE FOR COMPENSATION, 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 GENER-
AL  BUSINESS  LAW,  WITH RESPECT TO ANY SUBSTANCE, MARIHUANA, ALCOHOL OR
PARAPHERNALIA THAT WAS OBTAINED AS A RESULT OF SUCH SEEKING OR RECEIVING
OF 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.

Co-Sponsors

view all co-sponsors

A2063B - Bill 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 - Bill Texts

view summary

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

view full 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

A. 2063--B                          2

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
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 WHO, IN GOOD FAITH, SEEKS HEALTH CARE FOR SOMEONE WHO IS
EXPERIENCING A DRUG  OR  ALCOHOL  OVERDOSE  OR  OTHER  LIFE  THREATENING
MEDICAL  EMERGENCY  SHALL  NOT  BE  ARRESTED, CHARGED, PROSECUTED FOR OR
CONVICTED OF A CONTROLLED SUBSTANCE OFFENSE UNDER  ARTICLE  TWO  HUNDRED
TWENTY  OR  A  MARIHUANA OFFENSE UNDER ARTICLE TWO HUNDRED TWENTY-ONE OF
THE PENAL LAW, OTHER THAN AN OFFENSE INVOLVING SALE FOR COMPENSATION, 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 GENER-
AL BUSINESS LAW, WITH RESPECT TO ANY  CONTROLLED  SUBSTANCE,  MARIHUANA,
ALCOHOL  OR  PARAPHERNALIA THAT WAS OBTAINED AS A RESULT OF SUCH SEEKING
OR RECEIVING OF 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  A  CONTROLLED SUBSTANCE OFFENSE UNDER ARTICLE TWO HUNDRED
TWENTY OR A MARIHUANA OFFENSE UNDER ARTICLE TWO  HUNDRED  TWENTY-ONE  OF
THE PENAL LAW, OTHER THAN AN OFFENSE INVOLVING SALE FOR COMPENSATION, 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 GENER-
AL  BUSINESS  LAW,  WITH RESPECT TO ANY SUBSTANCE, MARIHUANA, ALCOHOL OR
PARAPHERNALIA THAT WAS OBTAINED AS A RESULT OF SUCH SEEKING OR RECEIVING
OF 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 MEDICAL 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.

Co-Sponsors

view all co-sponsors

A2063C (ACTIVE) - Bill 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) - Bill Texts

view summary

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

view full 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

A. 2063--C                          2

  1. 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 SHALL NOT BE CHARGED OR PROSECUTED  FOR  A  CONTROLLED
SUBSTANCE  OFFENSE  UNDER  ARTICLE  TWO  HUNDRED  TWENTY  OR A MARIHUANA
OFFENSE  UNDER  ARTICLE TWO HUNDRED TWENTY-ONE OF THIS TITLE, OTHER THAN
AN OFFENSE INVOLVING SALE FOR CONSIDERATION OR OTHER BENEFIT OR GAIN, OR
CHARGED OR PROSECUTED 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 THIR-
TY-NINE OF THE GENERAL BUSINESS LAW,  WITH  RESPECT  TO  ANY  CONTROLLED
SUBSTANCE,  MARIHUANA,  ALCOHOL  OR PARAPHERNALIA THAT WAS OBTAINED AS A
RESULT OF SUCH SEEKING OR RECEIVING OF HEALTH CARE.
  2. 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 CHARGED OR  PROSECUTED  FOR  A  CONTROLLED
SUBSTANCE  OFFENSE UNDER THIS ARTICLE OR A MARIHUANA OFFENSE UNDER ARTI-
CLE TWO HUNDRED TWENTY-ONE OF THIS TITLE, OTHER THAN AN OFFENSE  INVOLV-
ING SALE FOR CONSIDERATION OR OTHER BENEFIT OR GAIN, OR CHARGED OR PROS-
ECUTED  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 GENER-
AL BUSINESS LAW, WITH RESPECT TO ANY SUBSTANCE,  MARIHUANA,  ALCOHOL  OR
PARAPHERNALIA THAT WAS OBTAINED AS A RESULT OF SUCH SEEKING OR RECEIVING
OF HEALTH CARE.
  3. 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
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.
  4.  IT  SHALL  BE AN AFFIRMATIVE DEFENSE TO A CRIMINAL SALE CONTROLLED
SUBSTANCE OFFENSE UNDER THIS ARTICLE OR A  CRIMINAL  SALE  OF  MARIHUANA
OFFENSE  UNDER ARTICLE TWO HUNDRED TWENTY-ONE OF THIS TITLE, NOT COVERED
BY SUBDIVISION  ONE  OR  TWO  OF  THIS  SECTION,  WITH  RESPECT  TO  ANY
CONTROLLED SUBSTANCE OR MARIHUANA WHICH WAS OBTAINED AS A RESULT OF SUCH
SEEKING OR RECEIVING OF HEALTH CARE, THAT:
  (A) THE DEFENDANT, IN GOOD FAITH, SEEKS HEALTH CARE FOR SOMEONE OR FOR
HIM  OR  HERSELF WHO IS EXPERIENCING A DRUG OR ALCOHOL OVERDOSE OR OTHER
LIFE THREATENING MEDICAL EMERGENCY; AND
  (B) THE DEFENDANT HAS  NO  PRIOR  CONVICTION  FOR  THE  COMMISSION  OR
ATTEMPTED  COMMISSION  OF A CLASS A-I, A-II OR B FELONY UNDER THIS ARTI-
CLE.

A. 2063--C                          3

  5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO BAR THE ADMISSIBILITY
OF ANY EVIDENCE IN CONNECTION WITH THE INVESTIGATION AND PROSECUTION  OF
A  CRIME  WITH  REGARD  TO  ANOTHER DEFENDANT WHO DOES NOT INDEPENDENTLY
QUALIFY FOR THE BAR TO PROSECUTION OR FOR THE AFFIRMATIVE  DEFENSE;  NOR
WITH  REGARD  TO OTHER CRIMES COMMITTED BY A PERSON WHO OTHERWISE QUALI-
FIES UNDER THIS SECTION; NOR SHALL ANYTHING IN THIS SECTION BE CONSTRUED
TO BAR ANY SEIZURE PURSUANT TO LAW, INCLUDING BUT NOT LIMITED TO  PURSU-
ANT  TO  SECTION  THIRTY-THREE HUNDRED EIGHTY-SEVEN OF THE PUBLIC HEALTH
LAW.
  6. THE BAR TO PROSECUTION DESCRIBED IN SUBDIVISIONS  ONE  AND  TWO  OF
THIS  SECTION  SHALL  NOT APPLY TO THE PROSECUTION OF A CLASS A-I FELONY
UNDER THIS ARTICLE, AND THE AFFIRMATIVE DEFENSE DESCRIBED IN SUBDIVISION
FOUR OF THIS SECTION SHALL NOT APPLY TO THE PROSECUTION OF A  CLASS  A-I
OR A-II FELONY UNDER THIS ARTICLE.
  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  MEDICAL  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.  The  opening  paragraph  of section 220.03 of the penal law, as
amended by chapter 284 of the laws  of  2010,  is  amended  to  read  as
follows:
  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; NOR SHALL IT
BE A VIOLATION OF THIS SECTION WHEN A PERSON'S UNLAWFUL POSSESSION OF  A
CONTROLLED  SUBSTANCE  IS  DISCOVERED  AS  A RESULT OF SEEKING IMMEDIATE
HEALTH CARE AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION THREE OF  SECTION
220.78  OF  THE  PENAL  LAW, FOR EITHER ANOTHER PERSON OR HIM OR HERSELF
BECAUSE SUCH PERSON IS EXPERIENCING A DRUG OR ALCOHOL OVERDOSE OR  OTHER
LIFE THREATENING MEDICAL EMERGENCY AS DEFINED IN PARAGRAPH (A) OF SUBDI-
VISION THREE OF SECTION 220.78 OF THE PENAL LAW.
  S  5.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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