Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to codes |
Jun 10, 2011 |
referred to codes |
Senate Bill S5703
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2011-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
2011-S5703 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5703 TITLE OF BILL: 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 PURPOSE: This legislation will 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 an affirmative defense for the witnesses or victim to a controlled substance offense. Recognizing that most who are in need of treatment for an overdose are unable to seek treatment on their own due to the nature of the medical condition, the bill encourages those who may be with the person to obtain health care for the individual who has overdosed. SUMMARY OF PROVISIONS: Subparagraph 1 of the bill defines "drug or alcohol overdose" and "health care." Subparagraph 2 of section two establishes an affirmative defense for a person who seeks immediate health care for someone who is experiencing a drug or alcohol overdose or other life threatening
2011-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
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.