senate Bill S2523

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2021 returned to senate
passed assembly
ordered to third reading cal.160
substituted for a868
Jun 07, 2021 referred to codes
delivered to assembly
passed senate
Jun 03, 2021 ordered to third reading cal.1484
committee discharged and committed to rules
Jan 21, 2021 referred to codes

Co-Sponsors

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S2523 (ACTIVE) - Details

See Assembly Version of this Bill:
A868
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
2019-2020: S875, A1634

S2523 (ACTIVE) - Summary

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

S2523 (ACTIVE) - Sponsor Memo

S2523 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2523
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 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, 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.
                                                            LBD00186-01-1

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