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Assembly Bill A8592

2017-2018 Legislative Session

Relates to unlawful disposal of a hypodermic instrument

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Archive: Last Bill Status - In Assembly Committee

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2017-A8592 (ACTIVE) - Details

See Senate Version of this Bill:
S6720
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §220.79, Pen L

2017-A8592 (ACTIVE) - Summary

Relates to unlawful disposal of a hypodermic instrument.

2017-A8592 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8592
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 10, 2017
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to  amend  the penal law, in relation to unlawful disposal of a
   hypodermic instrument
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. The penal law is amended by adding a new section 220.79 to
 read as follows:
 § 220.79 UNLAWFUL DISPOSAL OF A HYPODERMIC INSTRUMENT.
   A PERSON IS GUILTY OF UNLAWFUL DISPOSAL  OF  A  HYPODERMIC  INSTRUMENT
 WHEN  HE  OR  SHE KNOWINGLY DISPOSES OF, OR POSSESSES WITH THE INTENT TO
 DISPOSE OF, A NEEDLE  OR  SYRINGE  UNDER  CIRCUMSTANCES  THAT  CREATE  A
 SUBSTANTIAL  RISK  TO  HUMAN HEALTH OR SAFETY OR A SUBSTANTIAL DANGER TO
 THE ENVIRONMENT, INCLUDING, BUT NOT LIMITED  TO,  DISPOSAL  IN  A  PARK,
 PUBLIC PLAYGROUND OR OTHER SUCH PUBLIC AREA.
   UNLAWFUL DISPOSAL OF A HYPODERMIC INSTRUMENT IS A CLASS A MISDEMEANOR.
   § 2. In the event of a successful conviction of unlawful disposal of a
 hypodermic  instrument,  pursuant to section 220.79 of the penal law, as
 added by section one of this act, provided that the disposed  hypodermic
 instrument  was  tested  for  residue  of,  or  found  to  contain,  any
 controlled substance, narcotic  drug,  or  hallucinogen  as  defined  by
 section 220.00 of the penal law, the convicted party may, in addition to
 the imposed sentence and/or fine, be required at the sentencing authori-
 ty's  discretion,  to participate in a counseling program offered by the
 state relevant to the drug the tested needle was, or  may  be,  used  to
 consume.  The  number  of  hours  of  counseling required will be at the
 discretion of the sentencing authority.
   § 3. All state agencies  are  hereby  required  to  act  in  a  manner
 consistent  with  facilitating  sentenced  individuals'  attendance  for
 mandated counseling. State agencies shall provide convicted  individuals
 under  section  220.79 of the penal law, as added by section one of this
 act, with proof that they attended the mandated counseling hours.
   § 4. This act shall take effect immediately.

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