Relates to exempting possession of tension pneumothorax decompression needles by paramedics and EMTs from criminal possession of a hypodermic instrument.
STATE OF NEW YORK
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286
2019-2020 Regular Sessions
IN SENATE(Prefiled)
January 9, 2019
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Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to exempting tension pneumo-
thorax decompression needles from criminal possession of a hypodermic
instrument
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 220.45 of the penal law, as amended by section 3 of
2 part I of chapter 57 of the laws of 2015, is amended to read as follows:
3 § 220.45 Criminally possessing a hypodermic instrument.
4 A person is guilty of criminally possessing a hypodermic instrument
5 when he or she knowingly and unlawfully possesses or sells a hypodermic
6 syringe or hypodermic needle. It shall not be a violation of this
7 section when a person obtains and possesses a hypodermic syringe or
8 hypodermic needle pursuant to section thirty-three hundred eighty-one of
9 the public health law, which includes the state's syringe exchange and
10 pharmacy and medical provider-based expanded syringe access programs, or
11 when a paramedic, emergency-medical technician or other person trained
12 in tactical first aid is in possession of a tension pneumothorax decom-
13 pression needle in the course of their official duties.
14 Criminally possessing a hypodermic instrument is a class A misdemea-
15 nor.
16 § 2. This act shall take effect on the first of November next succeed-
17 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02448-01-9
