senate Bill S1284

2021-2022 Legislative Session

Decriminalizes possession of controlled substances, establishes the drug decriminalization task force; 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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2021 referred to codes

Co-Sponsors

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

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.

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