assembly Bill A5471A

2015-2016 Legislative Session

Decriminalizes the possession and sale of hypodermic needles and syringes; repealer

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Archive: Last Bill Status - On Floor Calendar


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 07, 2016 advanced to third reading cal.484
Apr 05, 2016 reported
Feb 19, 2016 print number 5471a
Feb 19, 2016 amend and recommit to codes
Jan 06, 2016 referred to codes
May 29, 2015 advanced to third reading cal.490
May 28, 2015 reported
Feb 24, 2015 referred to codes

Co-Sponsors

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Multi-Sponsors

A5471 - Details

See Senate Version of this Bill:
S4099
Law Section:
Penal Law
Laws Affected:
Amd §220.03, rpld §220.45, Pen L; amd §850, Gen Bus L; amd §3381, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6258, S1082
2019-2020: A1634, S875
2021-2022: A868, S2523

A5471 - Summary

Decriminalizes the possession and sale of hypodermic needles and syringes; regulates the sale of hypodermic needles and syringes.

A5471 - Bill Text download pdf

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

                                  5471

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2015
                               ___________

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

AN ACT to amend the penal law, in relation to criminal possession  of  a
  controlled substance in the seventh degree; to amend the general busi-
  ness  law,  in  relation  to  drug-related paraphernalia; to amend the
  public health law, in relation to the sale and possession of hypoderm-
  ic syringes and needles; and to repeal section 220.45 of the penal law
  relating to criminally possessing a hypodermic instrument

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

  Section  1.  The opening paragraph of section 220.03 of the penal law,
as amended by chapter 154 of the laws of 2011, is  amended  to  read  as
follows:
  A person is guilty of criminal possession of a controlled substance in
the  seventh  degree when he or she knowingly and unlawfully possesses a
controlled  substance;  provided,  however,  that  it  shall  not  be  a
violation of this section when a person possesses a residual amount of a
controlled  substance  and that residual amount is in or on a hypodermic
syringe or hypodermic needle [obtained and possessed pursuant to section
thirty-three hundred eighty-one of the public health law]; nor shall  it
be  a violation of this section when a person's unlawful possession of a
controlled substance is discovered as  a  result  of  seeking  immediate
health  care as defined in paragraph (b) of subdivision three of section
220.78 of [the penal law] THIS ARTICLE, for either another person or him
or herself because such person is experiencing a drug or  alcohol  over-
dose or other life threatening medical emergency as defined in paragraph
(a) of subdivision three of section 220.78 of [the penal law] THIS ARTI-
CLE.
  S 2. Section 220.45 of the penal law is REPEALED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06211-03-5

A. 5471                             2

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A5471A (ACTIVE) - Details

See Senate Version of this Bill:
S4099
Law Section:
Penal Law
Laws Affected:
Amd §220.03, rpld §220.45, Pen L; amd §850, Gen Bus L; amd §3381, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6258, S1082
2019-2020: A1634, S875
2021-2022: A868, S2523

A5471A (ACTIVE) - Summary

Decriminalizes the possession and sale of hypodermic needles and syringes; regulates the sale of hypodermic needles and syringes.

A5471A (ACTIVE) - Bill Text download pdf

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

                                 5471--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2015
                               ___________

Introduced  by  M. of A. GOTTFRIED, ROSENTHAL, WALKER, WEPRIN, DINOWITZ,
  BRONSON, ABINANTI, SEPULVEDA -- Multi-Sponsored by -- M. of A.  HEVESI
  --  read once and referred to the Committee on Codes -- recommitted to
  the Committee on Codes in accordance with Assembly Rule 3, sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the penal law, in relation to criminal possession  of  a
  controlled substance in the seventh degree; to amend the general busi-
  ness  law,  in  relation  to  drug-related paraphernalia; to amend the
  public health law, in relation to the sale and possession of hypoderm-
  ic syringes and needles; and to repeal section 220.45 of the penal law
  relating to criminally possessing a hypodermic instrument

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

  Section  1.  The opening paragraph of section 220.03 of the penal law,
as amended by section 4 of part I of chapter 57 of the laws of 2015,  is
amended to read as follows:
  A person is guilty of criminal possession of a controlled substance in
the  seventh  degree when he or she knowingly and unlawfully possesses a
controlled  substance;  provided,  however,  that  it  shall  not  be  a
violation of this section when a person possesses a residual amount of a
controlled  substance  and that residual amount is in or on a hypodermic
syringe or hypodermic needle [obtained and possessed pursuant to section
thirty-three hundred eighty-one of the public health law, which includes
the state's syringe exchange and  pharmacy  and  medical  provider-based
expanded  syringe  access programs]; nor shall it be a violation of this
section when a person's unlawful possession of a controlled substance is
discovered as a result of seeking immediate health care  as  defined  in
paragraph  (b) of subdivision three of section 220.78 of [the penal law]
THIS ARTICLE, for either another person or him or herself  because  such
person  is experiencing a drug or alcohol overdose or other life threat-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06211-05-6