Senate Bill S6720

                                 BILL NUMBER:  S6720

 TITLE OF BILL :  An act to amend the penal law, in relation to
unlawful disposal of a hypodermic instrument

 PURPOSE :

This legislation would make it a Class A misdemeanor to unlawfully
dispose of hypodermic needles and syringes. The legislation also
requires counseling for individuals found guilty of violating the new
law regarding unlawful disposal of hypodermic needles and syringes.

 SUMMARY :

Section 1 amends Penal Law section 220 to add a new subdivision that
would establish the crime of unlawful disposal of an hypodermic
instrument. The bill states that a person is guilty of unlawful
disposal of an hypodermic instrument when he or she knowingly disposes
of, or possesses with intent to dispose of,hypodermic needles or
syringes 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. This section also classifies the unlawful
disposal of hypodermic instrument as a class A misdemeanor.

Section 2 would require convicted parties, as long as the instrument
              

was tested for residue of controlled substances, narcotic drugs and
hallucinogens, to participate in a counseling program offered by the
State relevant to the drug the tested instrument was, or may be, used
to consume. The number of hours of counseling required would be
decided by the sentencing authority.

Section 3 requires all State agencies to act in a manner consistent
with facilitating sentenced individuals' attendance for mandated
counseling. State agencies would also be required to provide convicted
parties with proof that they attended the mandated counseling hours.

Section 4 provides the effective date.

 JUSTIFICATION :

In March 2014, the New York State Senate Majority Coalition created
the Joint Senate Task Force on Heroin and Opioid Addiction to examine
the alarming rise in the use of heroin and opioids. Since then, the
taskforce has lead the nation with innovative ideas to combat heroin
and opioid abuse and addiction.

At a recent public hearing, public health administrators, family
members of deceased drug abusers, emergency responders, and elected
officials all agreed on at least the following point.There are
multiple examples, and many unintended consequences of drug users
tossing away used needles, especially in public places like
playgrounds and parks.  Disposal of these items has affected not only
emergency responders, police and firefighters, but also curious/naive
children playing with them, in such a way that they become extremely
ill from accidentally intaking some of the drug, or these individuals
have even perished in certain cases.

This legislation seeks not only to heighten awareness about, but also
to prevent, drug users from carelessly discarding items that could be
harmful to others.

Currently, it is punishable by a Class A-misdemeanor to violate laws
governing the use of hypodermic needles. This legislation would take
it a step further and impose an additional A-misdemeanor on those

caught in the act of discarding these items, putting their
communities, and innocent citizens, at great risk.

 LEGISLATIVE HISTORY :

This is a new bill. FISCAL IMPLICATIONS:

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.