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A02354 Summary:

COSPNSRVanel, Abinanti, Barron
Add 60.49, CP L; add 4519-a, CPLR; amd 841, add 214-g, Exec L
Relates to the possession of opioid antagonists and receipt into evidence.
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A02354 Actions:

01/14/2021referred to codes
01/21/2021advanced to third reading cal.57
03/22/2021passed assembly
03/22/2021delivered to senate
06/08/2021SUBSTITUTED FOR S911
06/08/20213RD READING CAL.386
10/06/2021delivered to governor
10/07/2021signed chap.431
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A02354 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2021
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee 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
          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.

        A. 2354                             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.
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