senate Bill S4454A

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 Via A2063 - 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
Jun 20, 2011 substituted by a2063c
ordered to third reading cal.1386
committee discharged and committed to rules
Jun 15, 2011 print number 4454b
amend (t) and recommit to codes
May 13, 2011 print number 4454a
amend (t) and recommit to codes
Apr 06, 2011 referred to codes

Votes

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Bill Amendments

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

Co-Sponsors

S4454 - Details

See Assembly Version of this Bill:
A2063B
Law Section:
Criminal Procedure Law
Laws Affected:
Add §140.60, CP L

S4454 - Summary

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

S4454 - Sponsor Memo

S4454 - Bill Text download pdf

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

                                  4454

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 6, 2011
                               ___________

Introduced  by  Sens. DeFRANCISCO, GOLDEN, RANZENHOFER -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes

AN  ACT  to  amend  the  criminal procedure law, in relation to evidence
  obtained as a result of seeking or receiving health care  for  a  drug
  overdose

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

  Section 1. The criminal procedure law  is  amended  by  adding  a  new
section 60.78 to read as follows:
S 60.78 RULES OF EVIDENCE; HEALTH CARE FOR DRUG OVERDOSE; LIMITED USE OF
           EVIDENCE.
  1. DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (A)  "DRUG  OVERDOSE"  OR  "OVERDOSE"  SHALL  MEAN  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 AND RELATES TO AN ADVERSE REACTION TO OR THE QUANTITY  OF  THE
CONTROLLED  SUBSTANCE OR A SUBSTANCE WITH WHICH THE CONTROLLED SUBSTANCE
WAS COMBINED; PROVIDED THAT A PATIENT'S CONDITION SHALL BE DEEMED TO  BE
A  DRUG OVERDOSE IF A PRUDENT LAYPERSON, POSSESSING AN AVERAGE KNOWLEDGE
OF MEDICINE AND HEALTH, COULD REASONABLY BELIEVE THAT THE  CONDITION  IS
IN FACT A DRUG OVERDOSE AND (EXCEPT AS TO DEATH) REQUIRES HEALTH CARE.
  (B) "HEALTH CARE" MEANS THE PROFESSIONAL SERVICES PROVIDED TO A PERSON
EXPERIENCING  A  DRUG  OVERDOSE  BY A HEALTH CARE PROFESSIONAL LICENSED,
REGISTERED OR CERTIFIED UNDER TITLE EIGHT OF THE EDUCATION LAW OR  ARTI-
CLE 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 OVERDOSE.
  2. WHERE ANY PERSON, IN GOOD FAITH,  SEEKS  HEALTH  CARE  FOR  SOMEONE
EXPERIENCING  A  DRUG OVERDOSE, ANY EVIDENCE RELATING TO POSSESSION OF A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10559-01-1

Co-Sponsors

view additional co-sponsors

S4454A - Details

See Assembly Version of this Bill:
A2063B
Law Section:
Criminal Procedure Law
Laws Affected:
Add §140.60, CP L

S4454A - Summary

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

S4454A - Sponsor Memo

S4454A - Bill Text download pdf

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

                                 4454--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 6, 2011
                               ___________

Introduced  by Sens. DeFRANCISCO, ADAMS, GOLDEN, KRUEGER, RANZENHOFER --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee on Codes -- committee discharged, bill amended, 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10559-02-1

Co-Sponsors

view additional co-sponsors

S4454B (ACTIVE) - Details

See Assembly Version of this Bill:
A2063B
Law Section:
Criminal Procedure Law
Laws Affected:
Add §140.60, CP L

S4454B (ACTIVE) - Summary

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

S4454B (ACTIVE) - Sponsor Memo

S4454B (ACTIVE) - Bill Text download pdf

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

                                 4454--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 6, 2011
                               ___________

Introduced  by Sens. DeFRANCISCO, ADAMS, BONACIC, GOLDEN, HANNON, KLEIN,
  KRUEGER, LARKIN, MONTGOMERY, RANZENHOFER --  read  twice  and  ordered
  printed, and when printed to be committed to the Committee on Codes --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10559-05-1

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