S T A T E O F N E W Y O R K
________________________________________________________________________
10015--A
I N A S S E M B L Y
June 6, 2014
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Lentol,
Cymbrowitz, Gottfried) -- read once and referred to the Committee on
Codes -- reported and referred to the Committee on Rules -- Rules
Committee discharged, bill amended, ordered reprinted as amended and
recommitted to the Committee on Rules
AN ACT to amend the criminal procedure law, the civil practice law and
rules and the executive law, in relation to the possession of opioid
antagonists
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 60.47 to read as follows:
S 60.47 POSSESSION OF OPIOID ANTAGONISTS; RECEIPT INTO EVIDENCE.
1. EVIDENCE THAT A PERSON WAS IN POSSESSION OF AN OPIOID ANTAGONIST
MAY NOT BE ADMITTED AT ANY TRIAL, HEARING OR OTHER PROCEEDING IN A PROS-
ECUTION FOR ANY OFFENSE UNDER SECTIONS 220.03, 220.06, 220.09, 220.16,
220.18, OR 220.21 OF THE PENAL LAW FOR THE PURPOSE OF ESTABLISHING PROB-
ABLE CAUSE FOR AN ARREST OR PROVING ANY PERSON'S COMMISSION OF SUCH
OFFENSE.
2. FOR THE PURPOSES OF THIS SECTION, OPIOID ANTAGONIST IS DEFINED AS A
DRUG APPROVED BY THE FOOD AND DRUG ADMINISTRATION THAT, WHEN ADMINIS-
TERED, NEGATES OR NEUTRALIZES IN WHOLE OR IN PART THE PHARMACOLOGICAL
EFFECTS OF AN OPIOID IN THE BODY AND SHALL BE LIMITED TO NALOXONE AND
OTHER MEDICATIONS APPROVED BY THE DEPARTMENT OF HEALTH FOR SUCH PURPOSE.
S 2. The civil practice law and rules is amended by adding a new
section 4519-a to read as follows:
S 4519-A. POSSESSION OF OPIOID ANTAGONISTS; RECEIPT INTO EVIDENCE. 1.
POSSESSION OF AN OPIOID ANTAGONIST MAY NOT BE RECEIVED IN EVIDENCE IN
ANY TRIAL, HEARING OR PROCEEDING PURSUANT TO SUBDIVISION ONE OF SECTION
TWO HUNDRED THIRTY-ONE AND PARAGRAPH THREE OF SUBDIVISION B OF SECTION
TWO HUNDRED THIRTY-THREE OF THE REAL PROPERTY LAW OR SUBDIVISION FIVE OF
SECTION SEVEN HUNDRED ELEVEN AND SUBDIVISION ONE OF SECTION SEVEN
HUNDRED FIFTEEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW AS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15528-02-4
A. 10015--A 2
EVIDENCE THAT THE BUILDING OR PREMISES ARE BEING USED FOR ILLEGAL TRADE,
MANUFACTURE, OR OTHER ILLEGAL BUSINESS.
2. FOR THE PURPOSES OF THIS SECTION, OPIOID ANTAGONIST SHALL HAVE THE
SAME MEANING AS SET FORTH IN SUBDIVISION TWO OF SECTION 60.47 OF THE
CRIMINAL PROCEDURE LAW.
S 3. Section 841 of the executive law is amended by adding a new
subdivision 7-b to read as follows:
7-B. TAKE SUCH STEPS AS MAY BE NECESSARY TO ENSURE THAT ALL POLICE
OFFICERS AND PEACE OFFICERS CERTIFIED PURSUANT TO SUBDIVISION THREE OF
THIS SECTION RECEIVE APPROPRIATE INSTRUCTION REGARDING SECTION 60.47 OF
THE CRIMINAL PROCEDURE LAW RELATING TO THE INTRODUCTION OF OPIOID ANTAG-
ONISTS INTO EVIDENCE IN CERTAIN CASES.
S 4. This act shall take effect on the sixtieth day after it shall
have become a law and shall apply to all cases pending on and after such
date.