Assembly Bill A1634

2019-2020 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

multi-Sponsors

2019-A1634 (ACTIVE) - Details

See Senate Version of this Bill:
S875
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
2017-2018: A6258, S1082
2021-2022: A868, S2523

2019-A1634 (ACTIVE) - Summary

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

2019-A1634 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1634
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2019
                                ___________
 
 Introduced  by  M. of A. GOTTFRIED, L. ROSENTHAL, WALKER, WEPRIN, DINOW-
   ITZ, BRONSON, ABINANTI, JOYNER, STECK, BLAKE,  MOSLEY,  ORTIZ,  SIMON,
   GLICK, AUBRY -- Multi-Sponsored by -- M. of A. CARROLL, COOK, EPSTEIN,
   HEVESI,  HYNDMAN,  KIM,  NIOU,  RICHARDSON,  WRIGHT  --  read once and
   referred to the Committee 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.
                                                            LBD03536-01-9
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.