Assembly Bill A746

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    746
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2019
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the criminal procedure law, the civil practice law and
   rules and the executive law, in relation to the possession  of  opioid
   antagonists
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The criminal procedure law  is  amended  by  adding  a  new
 section 60.49 to read as follows:
 § 60.49 POSSESSION OF OPIOID ANTAGONISTS; RECEIPT INTO EVIDENCE.
   1.  EVIDENCE  THAT  A PERSON WAS IN POSSESSION OF AN OPIOID ANTAGONIST
 MAY NOT BE ADMITTED AT ANY TRIAL, HEARING OR OTHER PROCEEDING IN A PROS-
 ECUTION FOR ANY OFFENSE UNDER SECTIONS 220.03, 220.06,  220.09,  220.16,
 220.18, OR 220.21 OF THE PENAL LAW FOR THE PURPOSE OF ESTABLISHING PROB-
 ABLE  CAUSE  FOR  AN  ARREST  OR PROVING ANY PERSON'S COMMISSION OF SUCH
 OFFENSE.
   2. FOR THE PURPOSES OF THIS SECTION, OPIOID ANTAGONIST IS DEFINED AS A
 DRUG APPROVED BY THE FOOD AND DRUG ADMINISTRATION  THAT,  WHEN  ADMINIS-
 TERED,  NEGATES  OR  NEUTRALIZES IN WHOLE OR IN PART THE PHARMACOLOGICAL
 EFFECTS OF AN OPIOID IN THE BODY AND SHALL BE LIMITED  TO  NALOXONE  AND
 OTHER MEDICATIONS APPROVED BY THE DEPARTMENT OF HEALTH FOR SUCH PURPOSE.
   §  2.  The  civil  practice  law  and rules is amended by adding a new
 section 4519-a to read as follows:
   § 4519-A. POSSESSION OF OPIOID ANTAGONISTS; RECEIPT INTO EVIDENCE.  1.
 POSSESSION  OF  AN  OPIOID ANTAGONIST MAY NOT BE RECEIVED IN EVIDENCE IN
 ANY TRIAL, HEARING OR PROCEEDING PURSUANT TO SUBDIVISION ONE OF  SECTION
 TWO  HUNDRED  THIRTY-ONE AND PARAGRAPH THREE OF SUBDIVISION B OF SECTION
 TWO HUNDRED THIRTY-THREE OF THE REAL PROPERTY LAW OR SUBDIVISION FIVE OF
 SECTION SEVEN HUNDRED  ELEVEN  AND  SUBDIVISION  ONE  OF  SECTION  SEVEN
 HUNDRED  FIFTEEN  OF  THE  REAL  PROPERTY ACTIONS AND PROCEEDINGS LAW AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07291-01-9
              

 A. 746                              2
 
 EVIDENCE THAT THE BUILDING OR PREMISES ARE BEING USED FOR ILLEGAL TRADE,
 MANUFACTURE, OR OTHER ILLEGAL BUSINESS.
   2.  FOR THE PURPOSES OF THIS SECTION, OPIOID ANTAGONIST SHALL HAVE THE
 SAME MEANING AS SET FORTH IN SUBDIVISION TWO OF  SECTION  60.49  OF  THE
 CRIMINAL PROCEDURE LAW.
   §  3.  The  executive  law is amended by adding a new section 214-g to
 read as follows:
   § 214-G. OPIOID ANTAGONIST AWARENESS. THE SUPERINTENDENT,  IN  COOPER-
 ATION  WITH  THE  DEPARTMENT  OF HEALTH AND THE OFFICE OF ALCOHOLISM AND
 SUBSTANCE ABUSE SERVICES, SHALL, FOR ALL  MEMBERS  OF  THE  DIVISION  OF
 STATE POLICE: (1) DEVELOP, MAINTAIN AND DISSEMINATE APPROPRIATE INSTRUC-
 TION  REGARDING  SECTION  60.49  OF  THE CRIMINAL PROCEDURE LAW, AND (2)
 ESTABLISH AND IMPLEMENT WRITTEN PROCEDURES AND POLICIES IN THE  EVENT  A
 MEMBER OF THE DIVISION OF STATE POLICE ENCOUNTERS A PERSON WHO POSSESSES
 OPIOID ANTAGONISTS.
   §  4.  Section  841  of  the  executive law is amended by adding a new
 subdivision 7-b to read as follows:
   7-B. TAKE SUCH STEPS AS MAY BE NECESSARY TO  ENSURE  THAT  ALL  POLICE
 OFFICERS  AND  PEACE OFFICERS CERTIFIED PURSUANT TO SUBDIVISION THREE OF
 THIS SECTION RECEIVE APPROPRIATE INSTRUCTION REGARDING SECTION 60.49  OF
 THE CRIMINAL PROCEDURE LAW RELATING TO THE INTRODUCTION OF OPIOID ANTAG-
 ONISTS INTO EVIDENCE IN CERTAIN CASES.
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law and shall apply to all cases pending on and after such
 date.