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Assembly Bill A2962B

2015-2016 Legislative Session

Relates to the possession of opioid antagonists

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Archive: Last Bill Status - In Senate Committee Codes Committee

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Bill Amendments

co-Sponsors

2015-A2962 - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.48, CP L; add §4519-a, CPLR; amd §841, add §214-e, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: A10015
2017-2018: A3573
2019-2020: A746
2021-2022: A2354

2015-A2962 - Summary

Relates to the possession of opioid antagonists and receipt into evidence.

2015-A2962 - Bill Text download pdf 

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

                                  2962

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of A. LENTOL, CYMBROWITZ, GOTTFRIED -- read once and
  referred to the Committee on Codes

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.
                                                           LBD01201-01-5

co-Sponsors

2015-A2962A - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.48, CP L; add §4519-a, CPLR; amd §841, add §214-e, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: A10015
2017-2018: A3573
2019-2020: A746
2021-2022: A2354

2015-A2962A - Summary

Relates to the possession of opioid antagonists and receipt into evidence.

2015-A2962A - Bill Text download pdf 

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

                                 2962--A
                                                        Cal. No. 190

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M. of A. LENTOL, CYMBROWITZ, GOTTFRIED, WEPRIN, ABINANTI
  -- read once and referred to the Committee on Codes --  reported  from
  committee, advanced to a third reading, amended and ordered reprinted,
  retaining its place on the order of third reading

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. Section 60.48 of the criminal procedure law  is  renumbered
section 60.49 and a new section 60.48 is added to read as follows:
S 60.48 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

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

co-Sponsors

2015-A2962B (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.48, CP L; add §4519-a, CPLR; amd §841, add §214-e, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: A10015
2017-2018: A3573
2019-2020: A746
2021-2022: A2354

2015-A2962B (ACTIVE) - Summary

Relates to the possession of opioid antagonists and receipt into evidence.

2015-A2962B (ACTIVE) - Bill Text download pdf 

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

                                 2962--B
                                                        Cal. No. 135

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M. of A. LENTOL, CYMBROWITZ, GOTTFRIED, WEPRIN, ABINANTI
  -- read once and referred to the Committee on Codes --  reported  from
  committee, advanced to a third reading, amended and ordered reprinted,
  retaining  its  place  on  the order of third reading -- advanced to a
  third reading, amended and ordered reprinted, retaining its  place  on
  the order of third reading

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. Section 60.48 of the criminal procedure law  is  renumbered
section 60.49 and a new section 60.48 is added to read as follows:
S 60.48 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

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

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