assembly Bill A6258

2017-2018 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 ordered to third reading cal.442
Apr 27, 2017 advanced to third reading cal.231
Apr 25, 2017 reported
Mar 01, 2017 referred to codes

Co-Sponsors

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Multi-Sponsors

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A6258 (ACTIVE) - Details

See Senate Version of this Bill:
S1082
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:
2015-2016: A5471, S4099
2019-2020: A1634, S875
2021-2022: A868, S2523

A6258 (ACTIVE) - Summary

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

A6258 (ACTIVE) - Bill Text download pdf


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

                                  6258

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              March 1, 2017
                               ___________

Introduced  by  M. of A. GOTTFRIED, ROSENTHAL, WALKER, WEPRIN, DINOWITZ,
  BRONSON, ABINANTI, SEPULVEDA, McDONALD, JOYNER, STECK,  BLAKE,  JENNE,
  MOSLEY,  ORTIZ,  SIMON -- Multi-Sponsored by -- M. of A. COOK, HEVESI,
  KIM, NIOU, RICHARDSON, WRIGHT -- read once and referred to the Commit-
  tee 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 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.
                                                           LBD02118-01-7