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 Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2015-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

2015-A5471 - Summary

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

2015-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

multi-Sponsors

2015-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

2015-A5471A (ACTIVE) - Summary

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

2015-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
              

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