NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7466
SPONSOR: Kelles
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to the expunge-
ment of syringe convictions
 
PURPOSE:
To expunge conviction records related to the possession or sale of hypo-
dermic syringes and needles.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 160.50 of the criminal procedure law to add a
new subparagraph vii to provides for expungement of a conviction for an
offense related to criminally possessing a hypodermic instrument.
Section 2 provides for the effective date, which is immediately.
 
JUSTIFICATION:
In October of 2021, Governor Kathy Hochul put an end to the criminaliza-
tion for the possession of hypodermic needles and syringes by signing
chapter 433 of the laws of 2021, which decriminalized the possession and
sale of hypodermic needles and syringes in New York State. This law is
.a step forward in stopping the counterproductive use of law enforcement
resources on individuals for the possession or sale of these instru-
ments, and ultimately lower the spread of HIV/AIDS and hepatitis
infections, while also expanding syringe access by allowing pharmacies
and healthcare agencies, registered with the state ESAP program, to
provide syringes without a cap.
While this essential piece of legislation was a step in the right direc-
tion, our work is not done in eliminating the criminalization of the
possession of hypodermic needles and syringes. This bill would expunge
conviction records related to the possession or sale of hypodermic
needles and syringes, a natural next step after they were decriminalized
in October 2021. Arrests and convictions such as these have hindered New
Yorkers ability to obtain employment, education, and even housing. It is
imperative that New York continue to take the necessary steps towards
moving from criminalization of drugs to harm reduction, and this bill
would do just that by eliminating unnecessary barriers to a greater
quality of life for New Yorkers by expunging arrest or conviction
records related to the sale of or possession of hypodermic needle or
syringe.
This bill is modeled on the expungement provisions enacted for marijuana
convictions following the decriminalization of various marijuana
offenses.
 
LEGISLATIVE HISTORY:
2022: A9987 (Gottfried) - Codes
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
180 Days after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
7466
2023-2024 Regular Sessions
IN ASSEMBLY
May 24, 2023
___________
Introduced by M. of A. KELLES, SEAWRIGHT, SAYEGH, SIMON, STECK, PAULIN,
GALLAGHER, VANEL, HEVESI, OTIS, GONZALEZ-ROJAS, EPSTEIN, CRUZ, GLICK
-- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the expunge-
ment of syringe convictions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (vi) of paragraph (k) of subdivision 3 of
2 section 160.50 of the criminal procedure law, as amended by chapter 92
3 of the laws of 2021, is amended and a new subparagraph (vii) is added to
4 read as follows:
5 (vi) the conviction was for an offense defined in section 222.10,
6 222.15, 222.25 or 222.45 of the penal law[.]; or
7 (vii) the conviction was for a violation of an offense defined in
8 former section 220.45 of the penal law prior to the effective date of
9 this subparagraph.
10 § 2. This act shall take effect on the one hundred eightieth day after
11 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02854-01-3