Senate Bill S4581

2019-2020 Legislative Session

Relates to the possession of opioid antagonists

download bill text pdf

Sponsored By

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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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

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
              

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