senate Bill S875

2019-2020 Legislative Session

Decriminalizes the possession and sale of hypodermic needles and syringes; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


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

Your Voice

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

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 09, 2019 referred to codes

Co-Sponsors

view additional co-sponsors

S875 (ACTIVE) - Details

See Assembly Version of this Bill:
A1634
Current Committee:
Senate Codes
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: S4099, A5471
2017-2018: S1082, A6258

S875 (ACTIVE) - Summary

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

S875 (ACTIVE) - Sponsor Memo

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.

Comments

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.