Bill Text: NY S04581 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the possession of opioid antagonists and receipt into evidence.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S04581 Detail]

Download: New_York-2019-S04581-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4581
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 15, 2019
                                       ___________
        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        AN ACT to amend the criminal procedure law, the civil practice  law  and
          rules  and  the executive law, in relation to the possession of opioid
          antagonists
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  criminal  procedure  law  is amended by adding a new
     2  section 60.49 to read as follows:
     3  § 60.49 Possession of opioid antagonists; receipt into evidence.
     4    1. Evidence that a person was in possession of  an  opioid  antagonist
     5  may not be admitted at any trial, hearing or other proceeding in a pros-
     6  ecution  for  any offense under sections 220.03, 220.06, 220.09, 220.16,
     7  220.18, or 220.21 of the penal law for the purpose of establishing prob-
     8  able cause for an arrest or proving  any  person's  commission  of  such
     9  offense.
    10    2. For the purposes of this section, opioid antagonist is defined as a
    11  drug  approved  by  the Food and Drug Administration that, when adminis-
    12  tered, negates or neutralizes in whole or in  part  the  pharmacological
    13  effects  of  an  opioid in the body and shall be limited to naloxone and
    14  other medications approved by the department of health for such purpose.
    15    § 2. The civil practice law and rules  is  amended  by  adding  a  new
    16  section 4519-a to read as follows:
    17    §  4519-a. Possession of opioid antagonists; receipt into evidence. 1.
    18  Possession of an opioid antagonist may not be received  in  evidence  in
    19  any  trial, hearing or proceeding pursuant to subdivision one of section
    20  two hundred thirty-one and paragraph three of subdivision b  of  section
    21  two hundred thirty-three of the real property law or subdivision five of
    22  section  seven  hundred  eleven  and  subdivision  one  of section seven
    23  hundred fifteen of the real property  actions  and  proceedings  law  as
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07291-01-9
        S. 4581                             2
     1  evidence that the building or premises are being used for illegal trade,
     2  manufacture, or other illegal business.
     3    2.  For the purposes of this section, opioid antagonist shall have the
     4  same meaning as set forth in subdivision two of  section  60.49  of  the
     5  criminal procedure law.
     6    §  3.  The  executive  law is amended by adding a new section 214-g to
     7  read as follows:
     8    § 214-g. Opioid antagonist awareness. The superintendent,  in  cooper-
     9  ation  with  the  department  of health and the office of alcoholism and
    10  substance abuse services, shall, for all  members  of  the  division  of
    11  state police: (1) develop, maintain and disseminate appropriate instruc-
    12  tion  regarding  section  60.49  of  the criminal procedure law, and (2)
    13  establish and implement written procedures and policies in the  event  a
    14  member of the division of state police encounters a person who possesses
    15  opioid antagonists.
    16    §  4.  Section  841  of  the  executive law is amended by adding a new
    17  subdivision 7-b to read as follows:
    18    7-b. Take such steps as may be necessary to  ensure  that  all  police
    19  officers  and  peace officers certified pursuant to subdivision three of
    20  this section receive appropriate instruction regarding section 60.49  of
    21  the criminal procedure law relating to the introduction of opioid antag-
    22  onists into evidence in certain cases.
    23    §  5.  This  act  shall take effect on the sixtieth day after it shall
    24  have become a law and shall apply to all cases pending on and after such
    25  date.