senate Bill S5703

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jun 10, 2011 referred to codes

S5703 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §220.78, amd §220.03, Pen L; amd §390.40, CP L

S5703 (ACTIVE) - Summary

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

S5703 (ACTIVE) - Sponsor Memo

S5703 (ACTIVE) - Bill Text download pdf

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

                                  5703

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 10, 2011
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the  penal  law  and  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  prosecution  and conviction for drug or drug paraphernalia
possession, and certain alcohol related offenses. It is not  the  intent
of  the legislature to protect individuals for other offenses, including
drug trafficking, or to interfere  with  law  enforcement  protocols  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 AFFIRMATIVE DEFENSE OF A 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.
                                                           LBD10559-04-1

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