assembly Bill A746

2019-2020 Legislative Session

Relates to the possession of opioid antagonists

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 14, 2020 delivered to senate
passed assembly
Jan 08, 2020 ordered to third reading cal.39
returned to assembly
died in senate
Feb 04, 2019 referred to codes
delivered to senate
passed assembly
Jan 31, 2019 advanced to third reading cal.15
Jan 28, 2019 reported
Jan 10, 2019 referred to codes

Co-Sponsors

A746 (ACTIVE) - Details

See Senate Version of this Bill:
S4581
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.49, CP L; add §4519-a, CPLR; amd §841, add §214-g, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: A10015
2015-2016: A2962
2017-2018: A3573
2021-2022: A2354, S911

A746 (ACTIVE) - Summary

Relates to the possession of opioid antagonists and receipt into evidence.

A746 (ACTIVE) - Bill Text download pdf


                    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