Assembly Bill A6258

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

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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2017-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

2017-A6258 (ACTIVE) - Summary

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

2017-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
              

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