NY State Senate Bill 2023-S2340

Senate Bill S2340

2023-2024 Legislative Session

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

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Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Jan 20, 2023	referred to codes

co-Sponsors

2023-S2340 (ACTIVE) - Details

See Assembly Version of this Bill:: A3434
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
Versions Introduced in 2021-2022 Legislative Session:: S1284, A7109

2023-S2340 (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.

2023-S2340 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2340

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 the legislative findings.

Section 2 amends Penal Law sec. 220.03 by reducing the penalty for crim-
inal possession of a controlled substance and renaming the offense.

Sections 3, 4, and 5 amend Criminal Procedure Law sec. 160.50 to allow
for the expungement of convictions for violations of Penal Law sec.
220.03.

Section 6 amends Criminal Procedure Law sec. 440.10 to allow for the
vacatur of certain previous convictions for violations of Penal Law sec.
220.03.

Sections 7 and 8 amend Criminal Procedure Law sec. 440.10 to clarify
that an individual does not need to demonstrate prejudice in order to
have a previous conviction vacated.

Section 9 repeals Penal Law sec, 220.46.

Section 10 repeals Penal Law sec. 220.25.

Section 11 amends the General Business Law by adding a new subparagraph
(b) excluding objects used to introduce drugs into the human body from
the definition of "Drug-related paraphernalia."

Section 12 bars the sanctioning of individuals under parole, probation
or other state or local supervision, or released on bail awaiting trial,
for actions that are no longer criminal under the proposed legislation.

Section 13 amends public health law by adding a new section 3395 which
establishes the drug decriminalization task force. The task force will
be charged with developing recommendations for reforming New York's
laws, regulations, and practices so that they align with the goal of
treating substance use disorder as a disease, rather than a criminal
behavior.

Section 14 of the bill is the effective date.

 
JUSTIFICATION:
Substance use disorder (SUD) is a health condition recognized by the
DSM-5, the gold standard catalog of mental disorders. It is character-
ized by the National Institute of Drug Abuse as a chronic, relapsing
disorder that causes long-lasting changes in the brain. The disorder is
characterized by, compulsive drug seeking and continued use despite an
array of harmful consequences, including harm to friends and family,
loss of employment and housing, and involvement in the criminal, legal,
and child welfare systems.

Yet, for well over a century, even as the scientific understanding of
substance use disorders as a medical condition has expanded, New York
and other states have continued to treat drug use as a moral failing and
as a crime, thereby stigmatizing and incarcerating millions of people
for having a disease. Such treatment stands in stark contrast to how
society and government treat individuals suffering from other diseases,
such as cancer or an anxiety disorder. While individuals with these
other illnesses are usually seen as worthy of compassion, support, and
medical care, those with an SUD are disparaged, criminalized, and treat-
ed as undeserving of assistance and compassion.

The first US laws penalizing individuals for using drugs date back to
1875. However, the use of these approaches became significantly more
prevalent and punitive in the 1970s with Richard Nixon's declaration of
a "war on drugs" and New York's 1973 passage of the Rockefeller Drug
Laws, generally considered to be one of the first examples of the "tough
on crime" policies that resulted in the current era of mass incarcera-
tion. This punishment-centered approach became even more dominant during
the crack epidemic of the 1980s and 90s as ever harsher laws were
enacted.

While historians debate the extent to which the drug sentencing laws of
this period had explicitly racist aims, their disproportionate impact on
communities of color is undeniable. While research indicates that people
of all races use and sell drugs at approximately the same rate, people
of color are significantly more likely to be arrested, convicted, and
incarcerated for drug possession and sale than whites. For example, in
New York, where African-Americans make up 17.6% of the population, 26.5%
of those arrested for misdemeanor possession of drugs are Black.
Furthermore, compared with whites, Black people arrested for misdemeanor
drug possession are more likely to be convicted (72.4% versus 67.1%),
more likely to have that conviction be for a misdemeanor rather than a
non-criminal violation (41.2% versus 30.8%), and more likely to be
sentenced to jail (13.4% versus 10.6%).

Policies criminalizing drug use have also clearly failed to reduce the
use of drugs. Despite decades of harsh penalties for drug possession,
over 3,000 New Yorkers and 67,000 Americans died of a drug-related over-
dose in 2018. Additionally, the federal government's 2019 "National
Survey on Drug Use and Health" found that 36 million Americans had
misused an illicit drug in the previous month.

Instead of preventing use, these laws have devastated individuals, fami-
lies, and communities. Treating substance use as a crime disrupts and
destabilizes the lives of individuals who use drugs. It 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.  It does all of this at a
huge financial cost, through increased spending on the criminal legal
system, the child welfare system, the health care system, the shelter
system, and others, as well as through reduced productivity and employ-
ment.

Incarcerating someone in a New York State prison costs over $70,000 per
year. Incarcerating someone in a New York City jails costs over $330,000
per year. By contrast, one year of addiction treatment with medications
can cost as little as $6000 and treatment in a residential program costs
significantly less than incarceration, though numbers vary. Moreover,
taking into account the likelihood of recidivism due to failure to treat
the underlying disease during incarceration exponentially increases the
cost of incarceration over treatment in the long term.

Ending the criminalization of drug use is not a new idea. Many countries
around the world do not have laws that punish people for using drugs
and, in 2020, Oregon voters overwhelmingly supported Measure 110 decri-
minalizing possession of drugs for personal use.

Policies that decriminalize drug use have resulted in an array of posi-
tive outcomes. Portugal, often held up as a model, decriminalized
personal possession of drugs in 2001. These reforms, together with a
significant expansion of harm reduction investments and treatment avail-
ability, have resulted in significant decreases in incarceration, prob-
lematic drug use, overdose deaths, and HIV and hepatitis infection
rates. The rate of overdose deaths in Portugal was 4 per million in
2017. The equivalent number for the US was 217 per million. In New York,
it was 168 per million. Portugal's policies also contributed to a large
increase in the number of people receiving treatment for their substance
use.

For far too long, New York, together with the rest of the US, has made
enforcement the central component of its response to drug use. It has
continued to do so long after it became obvious that these highly costly
policies had failed to achieve their stated goal - preventing the use of
illicit drugs. By reducing the criminal and civil penalties that accrue
to individuals as a result of personal possession of a controlled
substance, the proposed legislation will transform New York's approach
to drug use from one based on criminalization and stigma to one based on
science and compassion. Instead of being discriminated against for
having a substance use disorder, a documented health condition, individ-
uals would increasingly be seen as patients in need of care, much like
individuals with any other health need. This in turn will result in
fewer deaths, reductions in incarceration and the spread of bloodborne
diseases, and millions of dollars saved that are currently spent incar-
cerating individuals solely for having a medical condition.

 
LEGISLATIVE HISTORY:

2021-2022: S1284 / A7109 Meeks

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect 180 days after becoming law, however section
13 would be repealed two years after such date.

2023-S2340 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2340
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sens. RIVERA, BRISPORT, RAMOS, SALAZAR -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02723-01-3
 S. 2340                             2

 
   §  2. Section 220.03 of the penal law, as amended by section 4 of part
 I of chapter 57 of the laws of 2015 and the opening paragraph as amended
 by chapter 433 of the laws of 2021, is amended to read as follows:
 § 220.03 [Criminal]  UNLAWFUL  possession  of a controlled substance [in
            the seventh degree].
   A person is guilty of [criminal] UNLAWFUL possession of  a  controlled
 substance  [in  the  seventh degree] when [he or she] THEY knowingly and
 unlawfully [possesses] POSSESS a controlled substance; provided,  howev-
 er,  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; 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 this article, for either another person or  [him  or  herself]
 THEMSELF  because such person is experiencing a drug or alcohol overdose
 or other life threatening medical emergency as defined in paragraph  (a)
 of subdivision three of section 220.78 of this article.
   [Criminal]  UNLAWFUL  possession  of  a  controlled  substance [in the
 seventh degree] is a [class A misdemeanor]  VIOLATION  PUNISHABLE  BY  A
 FINE  OF  UP  TO  FIFTY DOLLARS OR PARTICIPATION IN A NEEDS SCREENING TO
 IDENTIFY HEALTH AND OTHER SERVICE NEEDS, INCLUDING BUT  NOT  LIMITED  TO
 SERVICES  THAT  MAY  ADDRESS  ANY  PROBLEMATIC  SUBSTANCE USE AND MENTAL
 HEALTH CONDITIONS, LACK OF EMPLOYMENT, HOUSING, OR FOOD,  AND  ANY  NEED
 FOR  CIVIL LEGAL SERVICES.  THE SCREENING SHOULD PRIORITIZE THE INDIVID-
 UAL'S SELF-IDENTIFIED NEEDS FOR REFERRAL TO APPROPRIATE  SERVICES.  SUCH
 SCREENING  SHALL  BE  CONDUCTED  BY  INDIVIDUALS  TRAINED  IN THE USE OF
 EVIDENCE-BASED, CULTURALLY AND GENDER  COMPETENT  TRAUMA-INFORMED  PRAC-
 TICES.  UPON  VERIFICATION  THAT  THE PERSON HAS COMPLETED THE SCREENING
 WITHIN FORTY-FIVE DAYS OF WHEN THE FINE WAS IMPOSED, THE FINE IMPOSED BY
 THIS SECTION SHALL BE WAIVED. FAILURE TO PAY SUCH FINE SHALL NOT BE  THE
 BASIS FOR FURTHER PENALTIES OR FOR A TERM OF INCARCERATION.
   §  3. Subdivision 3 of section 160.50 of the criminal procedure law is
 amended by adding a new paragraph (m) to read as follows:
   (M) (I) THE CONVICTION WAS FOR A VIOLATION OF AN  OFFENSE  DEFINED  IN
 SECTION  220.03  OF  THE  PENAL  LAW PRIOR TO THE EFFECTIVE DATE OF THIS
 PARAGRAPH.
   (II) THE CONVICTION IS FOR AN OFFENSE DEFINED IN SECTION 220.03 OF THE
 PENAL LAW.
   NO DEFENDANT SHALL BE REQUIRED OR PERMITTED TO WAIVE  ELIGIBILITY  FOR
 SEALING  OR  EXPUNGEMENT  PURSUANT  TO THIS SECTION AS PART OF A PLEA OF
 GUILTY, SENTENCE  OR  ANY  AGREEMENT  RELATED  TO  A  CONVICTION  FOR  A
 VIOLATION  OF  SECTION 220.03 OF THE PENAL LAW AND ANY SUCH WAIVER SHALL
 BE DEEMED VOID AND WHOLLY UNENFORCEABLE.
   § 4. Paragraph (a) of subdivision 5 of section 160.50 of the  criminal
 procedure law, as amended by chapter 132 of the laws of 2019, is amended
 to read as follows:
   (a)  Expungement  of certain [marihuana-related] records. A conviction
 for an offense described in  SUBPARAGRAPH  (III)  OF  paragraph  (k)  OR
 SUBPARAGRAPH  (II) OF PARAGRAPH (M) of subdivision three of this section
 shall, [on and after the effective date of this paragraph,]  in  accord-
 ance  with  the  provisions of this paragraph, be vacated and dismissed,
 and all records of such conviction or convictions and  related  to  such
 conviction or convictions shall be expunged, as described in subdivision
 forty-five  of  section  1.20  of  this chapter, and the matter shall be
 considered terminated in favor of the  accused  and  deemed  a  nullity,
 S. 2340                             3
 
 having been rendered by this paragraph legally invalid. All such records
 for  an  offense  described  in  this paragraph where the conviction was
 entered on or before the effective date of the chapter of  the  laws  of
 [2019]  TWO  THOUSAND NINETEEN OR TWO THOUSAND TWENTY-THREE, AS APPLICA-
 BLE, that amended this paragraph shall be expunged promptly and, in  any
 event, no later than one year after such effective date.
   §  5.  Subparagraph  (ii) of paragraph (b) of subdivision 5 of section
 160.50 of the criminal procedure law, as added by  chapter  131  of  the
 laws of 2019, is amended to read as follows:
   (ii)  where  automatic  vacatur, dismissal, and expungement, including
 record destruction if requested, is required by this subdivision but any
 record of the court system in this state has not  yet  been  updated  to
 reflect  same  (A)  notwithstanding any other provision of law except as
 provided in paragraph (d) of subdivision one of this section  and  para-
 graph  (e)  of subdivision four of section eight hundred thirty-seven of
 the executive law: (1) when the division of  criminal  justice  services
 conducts  a  search of its criminal history records, maintained pursuant
 to subdivision six of section eight hundred thirty-seven of  the  execu-
 tive  law,  and returns a report thereon, all references to a conviction
 for an offense described in paragraph (k) OR (M) of subdivision three of
 this section shall be excluded from  such  report;  and  (2)  the  chief
 administrator of the courts shall develop and promulgate rules as may be
 necessary  to  ensure that no written or electronic report of a criminal
 history record search conducted by the office  of  court  administration
 contains  information  relating to a conviction for an offense described
 in paragraph (k) OR (M) of subdivision three of this  section;  and  (B)
 where  court  records  relevant to such matter cannot be located or have
 been destroyed, and a person or the person's  attorney  presents  to  an
 appropriate  court  employee  a fingerprint record of the New York state
 division of criminal justice services, or a copy of a court  disposition
 record  or  other relevant court record, which indicates that a criminal
 action or proceeding against such person was terminated by conviction of
 an offense described in paragraph (k) OR (M)  of  subdivision  three  of
 this  section,  then promptly, and in any event within thirty days after
 such notice to such court  employee,  the  chief  administrator  of  the
 courts  or  [his  or her] THEIR designee shall assure that such vacatur,
 dismissal, and expungement, including record destruction  if  requested,
 have  been  completed  in accordance with subparagraph (i) of this para-
 graph.
   § 6. Paragraph (k) of subdivision 1 of section 440.10 of the  criminal
 procedure  law, as amended by chapter 92 of the laws of 2021, is amended
 to read as follows:
   (k) The judgment [occurred prior to the effective date of the laws  of
 two thousand twenty-one that amended this paragraph and] is a conviction
 for  an  offense as defined in subparagraphs (i), (ii), (iii) or (iv) of
 paragraph (k) OR SUBPARAGRAPH (I) OF PARAGRAPH (M) of subdivision  three
 of  section  160.50  of this part, in which case the court shall presume
 that a conviction by plea for the aforementioned offenses was not  know-
 ing,  voluntary and intelligent if it has [severe or] ongoing COLLATERAL
 consequences, including but not limited to  potential  or  actual  immi-
 gration consequences, and shall presume that a conviction by verdict for
 the  aforementioned  offenses  constitutes  cruel and unusual punishment
 under section five of article one of the state  constitution,  based  on
 those consequences. The people may rebut these presumptions.
 S. 2340                             4
 
   § 7. Subdivision 6 of section 440.10 of the criminal procedure law, as
 amended  by  chapter  629  of  the  laws  of 2021, is amended to read as
 follows:
   6.  If  the court grants a motion under paragraph (i) or paragraph (k)
 of subdivision one of this section, it  must  vacate  the  judgment  and
 dismiss  the  accusatory instrument, and may take such additional action
 as is appropriate in the circumstances. In the case of a motion  granted
 under  paragraph  (i) of subdivision one of this section, the court must
 vacate the judgment on the merits because the defendant's  participation
 in  the  offense was a result of having been a victim of trafficking.  A
 DEFENDANT SHALL NOT BE REQUIRED TO DEMONSTRATE PREJUDICE PRIOR TO VACAT-
 ING THE JUDGMENT.
   § 8. Subdivision 9 of section 440.10 of the criminal procedure law, as
 added by section 4 of part OO of chapter 55 of  the  laws  of  2019,  is
 amended to read as follows:
   9.  Upon  [granting of] CONSIDERING a motion pursuant to paragraph (j)
 of subdivision one of this section, A DEFENDANT SHALL NOT BE REQUIRED TO
 DEMONSTRATE PREJUDICE. UPON GRANTING THE MOTION, the court may either:
   (a) With the consent of the people, vacate [the judgment or] AND modi-
 fy the judgment [by reducing it] to [one of conviction for a lesser]  AN
 ALTERNATE offense; or
   (b)  Vacate  the  judgment and order a new trial wherein the defendant
 enters a plea to the same offense in order to permit the court to resen-
 tence the defendant in accordance  with  the  amendatory  provisions  of
 subdivision one-a of section 70.15 of the penal law.
   § 9. Section 220.46 of the penal law is REPEALED.
   § 10. Section 220.25 of the penal law is REPEALED.
   §  11.  Subdivision  2  of section 850 of the general business law, as
 amended by chapter 433 of the laws of 2021  and  subparagraph  (vii)  of
 paragraph  (a)  of  subdivision 2 as separately amended by chapter 92 of
 the laws of 2021, is amended to read as follows:
   2. (a) "Drug-related paraphernalia" consists of the following  objects
 used for the following purposes:
   (i)  Kits,  used or designed for the purpose of planting, propagating,
 cultivating, growing or harvesting of any species of plant  which  is  a
 controlled  substance  or  from  which  a  controlled  substance  can be
 derived;
   (ii)  Kits,  used  or  designed  for  the  purpose  of  manufacturing,
 compounding, converting, producing, or preparing controlled substances;
   (iii)  Isomerization  devices,  used  or  designed  for the purpose of
 increasing the potency of any species of plant  which  is  a  controlled
 substance;
   (iv) Scales and balances, used or designed for the purpose of weighing
 or measuring controlled substances; AND
   (v)  Diluents  and  adulterants,  including but not limited to quinine
 hydrochloride, mannitol, mannite, dextrose and lactose, used or designed
 for the purpose of cutting controlled substances[;
   (vi) and
   (vii) Objects, used or designed for the purpose of  ingesting,  inhal-
 ing, or otherwise introducing cocaine into the human body].
   (b)   "Drug-related   paraphernalia"  shall  not  include  [hypodermic
 needles, hypodermic syringes and other objects used for the  purpose  of
 parenterally  injecting  controlled  substances]  OBJECTS  USED  FOR THE
 PURPOSE OF INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING DRUGS
 into the human body.
 S. 2340                             5
 
   § 12. A person under parole, probation or other state or local  super-
 vision,  or  released on bail awaiting trial as of the effective date of
 this act shall not be punished or otherwise penalized for  conduct  that
 is  no  longer  considered  criminal  under article 220 of the penal law
 pursuant to the provisions of this act.
   § 13. The public health law is amended by adding a new section 3395 to
 read as follows:
   §  3395.  DRUG DECRIMINALIZATION TASK FORCE. 1. THERE IS HEREBY ESTAB-
 LISHED A DRUG  DECRIMINALIZATION  TASK  FORCE  WHICH,  PURSUANT  TO  THE
 PROVISIONS  OF THIS SECTION, SHALL 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.
   2. THE TASK FORCE SHALL STUDY AND UTILIZE RELIABLE EVIDENCE AND INFOR-
 MATION TO:
   (A)  IDENTIFY  AMOUNTS  OF INDIVIDUAL CONTROLLED SUBSTANCES CONSISTENT
 WITH NON-PRESCRIBED PERSONAL USE;
   (B) IDENTIFY QUALITATIVE AND  QUANTITATIVE  RESEARCH  DATA  ABOUT  THE
 TYPES  OF  SERVICES  THAT  PEOPLE  WITH  SUBSTANCE USE DISORDERS WHO ARE
 INVOLVED WITH THE CRIMINAL LEGAL OR CHILD  WELFARE  SYSTEMS  DESIRE  AND
 CURRENTLY  CANNOT  ACCESS,  AND BARRIERS TO ACCESSING EXISTING SERVICES;
 AND
   (C) ISSUE RECOMMENDATIONS REGARDING  LAWS,  REGULATIONS  AND  POLICIES
 IDENTIFIED BY THE TASK FORCE AS NEEDING REFORM, INCLUDING CHANGES TO THE
 PENAL LAW, THE SOCIAL SERVICES LAW AND ANY OTHER STATUTES THAT WILL HELP
 THE STATE ACHIEVE THE OBJECTIVE OF ADDRESSING THE USE OF DRUGS THROUGH A
 PUBLIC  HEALTH  APPROACH.  IN DEVELOPING RECOMMENDATIONS, THE TASK FORCE
 SHALL CONSIDER:
   (I) THE QUANTITY OF DRUGS USED BY INDIVIDUALS  WITH  A  SUBSTANCE  USE
 DISORDER;
   (II)  POLICIES  AND PRACTICES THAT WILL PRIORITIZE ACCESS TO TREATMENT
 AND RECOVERY FOR INDIVIDUALS WISHING TO ADDRESS THEIR USE OF  CONTROLLED
 SUBSTANCES;
   (III) NON-CARCERAL STRATEGIES TO DIVERT INDIVIDUALS WHO USE DRUGS FROM
 THE CRIMINAL LEGAL SYSTEM, INCLUDING CHARGES FOR SELLING DRUGS;
   (IV) THE CRIMINALIZATION OF POSSESSION OF METHADONE AND BUPRENORPHINE;
   (V)  THE IMMIGRATION CONSEQUENCES OF CONVICTIONS FOR CRIMES RELATED TO
 DRUG USE;
   (VI) HOW TO REDUCE UNNECESSARY FAMILY SEPARATION;
   (VII) HOW TO REDUCE CIVIL COLLATERAL CONSEQUENCES OF DRUG  CONVICTIONS
 INCLUDING EFFECTS ON EMPLOYMENT, HOUSING, EDUCATION, AND LICENSING;
   (VIII) HOW TO MAXIMIZE THE USE OF HARM REDUCTION STRATEGIES; AND
   (IX) HOW TO ADDRESS RACIAL DISPARITIES IN ENFORCEMENT.
   3.  (A)  (I) SUCH TASK FORCE SHALL BE COMPRISED OF THE COMMISSIONER OF
 HEALTH OR THEIR DESIGNEE; THE COMMISSIONER  OF  ADDICTION  SERVICES  AND
 SUPPORTS  OR  THEIR DESIGNEE; THE COMMISSIONER OF MENTAL HEALTH OR THEIR
 DESIGNEE; THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE  SERVICES
 OR THEIR DESIGNEE; THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY
 SERVICES OR THEIR DESIGNEE; THE DIRECTOR OF THE OFFICE OF INDIGENT LEGAL
 SERVICES  OR  THEIR DESIGNEE; ONE PUBLIC DEFENDER RECOMMENDED BY THE NEW
 YORK STATE DEFENDERS ASSOCIATION;  ONE  PROSECUTOR  RECOMMENDED  BY  THE
 DISTRICT  ATTORNEYS ASSOCIATION OF THE STATE OF NEW YORK; TWO EXPERTS IN
 THE ETIOLOGY AND TREATMENT OF SUBSTANCE USE DISORDERS RECOMMENDED BY THE
 NEW YORK ACADEMY OF MEDICINE, AT LEAST ONE OF WHOM MUST BE AN EXPERT  IN
 MEDICATION-ASSISTED TREATMENT AND AT LEAST ONE OF WHOM MUST BE AN EXPERT
 IN  THE  COMORBIDITY  OF SUBSTANCE USE DISORDERS WITH MENTAL HEALTH; AND
 S. 2340                             6
 
 ELEVEN MEMBERS TO BE APPOINTED AS FOLLOWS: (A) THREE  MEMBERS  SHALL  BE
 APPOINTED  BY  THE GOVERNOR; (B) THREE MEMBERS SHALL BE APPOINTED BY THE
 TEMPORARY PRESIDENT OF THE SENATE; (C) ONE MEMBER SHALL BE APPOINTED  BY
 THE  MINORITY LEADER OF THE SENATE; (D) THREE MEMBERS SHALL BE APPOINTED
 BY THE SPEAKER OF THE ASSEMBLY; AND (E) ONE MEMBER SHALL BE APPOINTED BY
 THE MINORITY LEADER OF THE ASSEMBLY.
   (II) IF APPOINTMENTS ARE NOT  MADE  WITHIN  THIRTY  DAYS,  THE  SENATE
 MAJORITY  LEADER AND SPEAKER OF THE ASSEMBLY SHALL APPOINT THE REMAINING
 MEMBERS.
   (III) ALL APPOINTEES SHALL HAVE EXPERTISE  IN  AT  LEAST  ONE  OF  THE
 FOLLOWING FIELDS: PUBLIC HEALTH, SUBSTANCE USE DISORDERS, MENTAL HEALTH,
 DRUG  USER  HEALTH  AND HARM REDUCTION, THE CRIMINAL LEGAL SYSTEM, CHILD
 WELFARE, IMMIGRATION, DRUG POLICY OR RACIAL JUSTICE. FURTHER, APPOINTEES
 SHALL INCLUDE PEOPLE WITH PRIOR DRUG CONVICTIONS, INDIVIDUALS  WHO  HAVE
 PARTICIPATED IN A DRUG COURT PROGRAM, INDIVIDUALS WHO HAVE BEEN FORMERLY
 INCARCERATED,  INDIVIDUALS  IMPACTED  BY  THE  CHILD WELFARE SYSTEM, AND
 REPRESENTATIVES OF ORGANIZATIONS SERVING COMMUNITIES  IMPACTED  BY  PAST
 FEDERAL  AND  STATE DRUG POLICIES. ALL APPOINTMENTS SHALL BE COORDINATED
 TO ENSURE STATEWIDE  GEOGRAPHIC  REPRESENTATION  THAT  IS  BALANCED  AND
 DIVERSE IN ITS COMPOSITION.
   (IV)  THE TASK FORCE SHALL BE CHAIRED BY THE COMMISSIONER OF HEALTH OR
 SELECTED BY THE COMMISSIONER FROM THE APPOINTED MEMBERS. THE TASK  FORCE
 SHALL  ELECT  A  VICE-CHAIR  AND OTHER NECESSARY OFFICERS FROM AMONG ALL
 APPOINTED MEMBERS.
   (B) THE MEMBERS OF THE TASK FORCE SHALL RECEIVE  NO  COMPENSATION  FOR
 THEIR  SERVICES BUT SHALL BE REIMBURSED FOR EXPENSES ACTUALLY AND NECES-
 SARILY INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   (C) NO CIVIL ACTION SHALL BE BROUGHT IN ANY COURT AGAINST  ANY  MEMBER
 OF  THE DRUG DECRIMINALIZATION TASK FORCE FOR ANY ACT OR OMISSION NECES-
 SARY TO THE DISCHARGE OF THEIR DUTIES AS A MEMBER  OF  THE  TASK  FORCE,
 EXCEPT  AS PROVIDED HEREIN. SUCH MEMBER MAY BE LIABLE FOR DAMAGES IN ANY
 SUCH ACTION IF THEY FAILED TO ACT IN GOOD FAITH AND EXERCISE  REASONABLE
 CARE.  ANY  INFORMATION  OBTAINED  BY  A  MEMBER OF THE TASK FORCE WHILE
 CARRYING OUT THEIR DUTIES AS  PRESCRIBED  IN  SUBDIVISION  TWO  OF  THIS
 SECTION SHALL ONLY BE UTILIZED IN THEIR CAPACITY AS A MEMBER OF THE TASK
 FORCE.
   4.  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
 THE TASK FORCE SHALL PROVIDE A REPORT  CONTAINING  THE  RESULTS  OF  THE
 STUDY, INCLUDING EVIDENCE USED AS A BASIS IN MAKING SUCH REPORT, AND ITS
 RECOMMENDATIONS,  IF  ANY, TOGETHER WITH DRAFTS OF LEGISLATION NECESSARY
 TO CARRY OUT ITS RECOMMENDATIONS BY FILING SAID  REPORT,  DOCUMENTATION,
 AND DRAFT LEGISLATION, WITH THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE,  THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,
 AND THE MINORITY LEADER OF THE ASSEMBLY. THE TASK FORCE SHALL ALSO  MAKE
 THE REPORT, DOCUMENTATION, AND DRAFT LEGISLATION AVAILABLE TO THE PUBLIC
 BY POSTING A COPY ON THE WEBSITE MAINTAINED BY THE OFFICE.
   §  14.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law; provided, however, that section  thir-
 teen  shall expire and be deemed repealed two years after such effective
 date.

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Senate Bill S2340

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Sponsored By

Gustavo Rivera

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

Jabari Brisport

Kristen Gonzalez

Jessica Ramos

Julia Salazar

2023-S2340 (ACTIVE) - Details

2023-S2340 (ACTIVE) - Summary

2023-S2340 (ACTIVE) - Sponsor Memo

2023-S2340 (ACTIVE) - Bill Text download pdf

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