|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2021||referred to codes|
senate Bill S1284
Current Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1284 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §220.03, rpld §§220.46 & 220.25, Pen L; amd §§160.50 & 440.10, CP L; amd §850, Gen Bus L; add §3395, Pub Health L
S1284 (ACTIVE) - Summary
Eliminates criminal and civil penalties for possession of controlled substances; establishes the drug decriminalization task force to develop recommendations for reforming state laws, regulations and practices so that they align with the stated goal of treating substance use disorder as a disease, rather than a criminal behavior.
S1284 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1284 SPONSOR: RIVERA TITLE OF BILL: An act to amend the penal law, the criminal procedure law and the gener- al business law, in relation to decriminalizing possession of controlled substances; to amend the public health law, in relation to establishing the drug decriminalization task force; to repeal certain provisions of the penal law related thereto; and providing for the repeal of certain provisions upon the expiration thereof PURPOSE: To decriminalize possession of controlled substances and expunge the arrest and conviction records for unlawfully possessing a controlled substance. SUMMARY OF PROVISIONS: Section 1 states certain legislative findings.
S1284 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1284 2021-2022 Regular Sessions I N S E N A T E January 8, 2021 ___________ Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, the criminal procedure law and the gener- al business law, in relation to decriminalizing possession of controlled substances; to amend the public health law, in relation to establishing the drug decriminalization task force; to repeal certain provisions of the penal law related thereto; and providing for the repeal of certain provisions upon the expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. The legislature hereby finds that substance use disorder is a disease and should therefore be treated using a public health, rather than a criminal-legal-system-centered approach. Existing laws criminalizing the possession of drugs have been ineffective in reducing drug use and preventing substance use disorder. Instead, these laws have devastated individuals, families, and communi- ties. Treating substance use as a crime by arresting and incarcerating people for personal use offenses causes significant harm to individuals who use drugs by disrupting and further destabilizing their lives. It also contributes to an increased risk of death, the spread of infectious diseases, mass incarceration, the separation of families, and barriers to accessing housing, employment, and other vital services. Furthermore, even though research shows that drugs are used and sold at similar levels across all races, laws criminalizing the use of drugs have disproportionately impacted Black and Latinx communities. The purpose of this legislation is to save lives and to help transform New York's approach to drug use from one based on criminalization and stigma to one based on science and compassion, by eliminating criminal and civil penalties for the personal possession of controlled substances. § 2. 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: 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.