NY State Senate Bill 2019-S4581

Archive: Last Bill Status - In Senate Committee Codes Committee

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

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jun 20, 2019	committed to rules
May 08, 2019	advanced to third reading
May 07, 2019	2nd report cal.
May 06, 2019	1st report cal.586
Mar 15, 2019	referred to codes

Votes

- May 6, 2019 - Codes Committee Vote
  S4581
  
  Aye
  
  9
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Codes Committee Vote: May 6, 2019
      
      aye (9)
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Gounardes
      
      Kaminsky
      
      Kavanagh
      
      Myrie
      
      Savino
      
      nay (4)
      
      Akshar
      
      Gallivan
      
      Lanza
      
      O'Mara

co-Sponsors

2019-S4581 (ACTIVE) - Details

See Assembly Version of this Bill:: A746
Current Committee:: Senate Codes
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: S911, A2354

2019-S4581 (ACTIVE) - Summary

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

2019-S4581 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4581

SPONSOR: SANDERS
 
TITLE OF BILL:  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

 
PURPOSE:

To promote the use of opioid antagonists to combat and prevent drug-re-
lated overdoses.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds new section 60.49 to the criminal procedure
law to prohibit the introduction of possession of an opioid antagonist
to any trial, hearing, or proceeding pursuant to sections 220.03,
220.06, 220.09, 220.16, 220.18, or 220.21 of the penal law for the
purpose of establishing probable cause for an arrest or providing any
person's commission of such offense. This section also defines the term
opioid antagonist.

Section 2 of the bill adds new section 4519-a to the civil practice law
and rules to prohibit the introduction of possession of an opioid antag-
onist in any trial, hearing, or proceeding pursuant to subdivision 1 of
section 231 and paragraph 3 of subdivision b of section 233 of the real
property law or subdivision 5 of section 711 and subdivision 1 of
section 715 of the real property actions and proceedings law as evidence
that the building or premises are being used for illegal trade, manufac-
ture, or other illegal business.

Section 3 of the bill adds new section 214-G to the executive law to
direct the superintendent of the state police to implement policies and
procedures regarding section 60.49 of the criminal procedure law.

Section 4 of the bill adds a new subdivision 7-b to section 841 of the
executive law to take such steps as necessary to ensure that municipal
police and peace officers receive appropriate instruction regarding
section 60.49 of the criminal procedure law.

Section 5 of the bill provides for the effective date.

 
JUSTIFICATION:

Opioid antagonists, such as naloxone, have been in existence since the
1960s and have helped in preventing numerous heroin and opiate over-
dose-related deaths in emergency situations. Recent legislation and
actions by law enforcement and chemical dependence prevention and treat-
ment providers have increased the availability of naloxone to those with
addiction to heroin and opiates. At hearings and roundtable discussions
held by the Assembly, chemical dependence prevention and treatment
providers, physicians, drug policy experts, and law enforcement all
cited the importance of the availability of opioid antagonists in
preventing overdose-related deaths. Although medical treatment is
required after an opioid antagonist is administered, its use and
possession should not be discouraged amongst those who need it most. By
prohibiting the possession of opioid antagonists as evidence in court of
possession of controlled substances, this bill would help to encourage

people to obtain and possess opioid antagonists and continue to save
lives.

 
PRIOR LEGISLATIVE HISTORY:

A.3573 of 2017
A.2962-B of 2016
A.2962-A of 2015
A.10015-A of 2014
A.3573-A Lentol No Same as 2017-18

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect in 60 days and shall apply to all cases pend-
ing on such date.

2019-S4581 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4581
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed 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

 S. 4581                             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.

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Senate Bill S4581

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Votes

May 6, 2019 - Codes Committee Vote

Codes Committee Vote: May 6, 2019

co-Sponsors

2019-S4581 (ACTIVE) - Details

2019-S4581 (ACTIVE) - Summary

2019-S4581 (ACTIVE) - Sponsor Memo

2019-S4581 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

James Sanders Jr.

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Votes

co-Sponsors

Liz Krueger

2019-S4581 (ACTIVE) - Details

2019-S4581 (ACTIVE) - Summary

2019-S4581 (ACTIVE) - Sponsor Memo

2019-S4581 (ACTIVE) - Bill Text download pdf

Comments