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Assembly Bill A3573A

2017-2018 Legislative Session

Relates to the possession of opioid antagonists

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Archive: Last Bill Status - In Senate Committee Rules Committee

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Bill Amendments

2017-A3573 - Details

Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.49, CP L; add §4519-a, CPLR; amd §841, add §214-g, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: A10015
2015-2016: A2962
2019-2020: A746
2021-2022: A2354

2017-A3573 - Summary

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

2017-A3573 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3573
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M. of A. LENTOL, HARRIS -- 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.  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:
 § 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.
   § 2. The civil practice law and rules  is  amended  by  adding  a  new
 section 4519-a to read as follows:
   §  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.
                                                            LBD03818-01-7

2017-A3573A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.49, CP L; add §4519-a, CPLR; amd §841, add §214-g, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: A10015
2015-2016: A2962
2019-2020: A746
2021-2022: A2354

2017-A3573A (ACTIVE) - Summary

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

2017-A3573A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3573--A
                                                         Cal. No. 278
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred to the Committee
   on Codes -- ordered 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. The criminal procedure law  is  amended  by  adding  a  new
 section 60.49 to read as follows:
 § 60.49 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.
   §  2.  The  civil  practice  law  and rules is amended by adding a new
 section 4519-a to read as follows:
   § 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

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