assembly Bill A868

Signed By Governor
2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status Via S2523 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed 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 (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 07, 2021 signed chap.433
Oct 06, 2021 delivered to governor
Jun 10, 2021 returned to senate
passed assembly
ordered to third reading cal.160
substituted for a868
Jun 10, 2021 substituted by s2523
Mar 11, 2021 advanced to third reading cal.160
Mar 09, 2021 reported
Jan 06, 2021 referred to codes

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A868 (ACTIVE) - Details

See Senate Version of this Bill:
S2523
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: A5471, S4099
2017-2018: A6258, S1082
2019-2020: A1634, S875

A868 (ACTIVE) - Summary

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

A868 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    868
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED, L. ROSENTHAL, DE LA ROSA, WALKER,
   WEPRIN, DINOWITZ, BRONSON,  ABINANTI,  JOYNER,  STECK,  SIMON,  GLICK,
   AUBRY,  FERNANDEZ, CRUZ, EPSTEIN, REYES -- Multi-Sponsored by -- M. of
   A. BRAUNSTEIN, CARROLL, COOK, HEVESI, HYNDMAN, KIM,  NIOU,  RICHARDSON
   -- read once and referred 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets