|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 09, 2019||referred to codes|
senate Bill S875
Current Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S875 (ACTIVE) - Details
S875 (ACTIVE) - Sponsor Memo
BILL NUMBER: S875 SPONSOR: RIVERA TITLE OF BILL: 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 hypodermic syring- es and needles; and to repeal section 220.45 of the penal law relating to criminally possessing a hypodermic instrument PURPOSE: To provide expanded access to the possession and sale of hypodermic syringes and needles and to allow pharmacies and healthcare agencies registered under ESAP to remove the limit on the sale of hypodermic syringes and needles per transaction and the ban on program advertising. SUMMARY OF PROVISIONS:
S875 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 875 2019-2020 Regular Sessions I N S E N A T E January 9, 2019 ___________ Introduced by Sens. RIVERA, HOYLMAN, KRUEGER, PARKER, SEPULVEDA, SERRANO -- read twice and ordered printed, and when printed to be committed 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- ening medical emergency as defined in paragraph (a) of subdivision three of section 220.78 of [the penal law] THIS ARTICLE. § 2. Section 220.45 of the penal law is REPEALED. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.