Bill Text: NY A02355 | 2023-2024 | General Assembly | Introduced

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Bill Title: Makes the possession of certain amounts of a controlled substance a violation and no longer a class A misdemeanor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to codes [A02355 Detail]

Download: New_York-2023-A02355-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2355

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 25, 2023
                                       ___________

        Introduced  by M. of A. VANEL -- read once and referred to the Committee
          on Codes

        AN ACT to amend the penal law, in relation to making the  possession  of
          certain amounts of a controlled substance a violation

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 220.03 of the penal law, as amended by section 4 of
     2  part I of chapter 57 of the laws  of  2015,  the  opening  paragraph  as
     3  amended  by  chapter  433  of  the  laws  of 2021, is amended to read as
     4  follows:
     5  § 220.03 [Criminal] Unlawful possession of a  controlled  substance  [in
     6             the seventh degree].
     7    A  person  is guilty of [criminal] Unlawful possession of a controlled
     8  substance [in the seventh degree] when he or she  knowingly  and  unlaw-
     9  fully possesses a controlled substance; provided, however, that it shall
    10  not  be  a  violation of this section when a person possesses a residual
    11  amount of a controlled substance and that residual amount is in or on  a
    12  hypodermic  syringe or hypodermic needle; nor shall it be a violation of
    13  this section  when  a  person's  unlawful  possession  of  a  controlled
    14  substance  is discovered as a result of seeking immediate health care as
    15  defined in paragraph (b) of subdivision three of section 220.78 of  this
    16  article, for either another person or him or herself because such person
    17  is  experiencing  a  drug  or alcohol overdose or other life threatening
    18  medical emergency as defined in paragraph (a) of  subdivision  three  of
    19  section 220.78 of this article.
    20    [Criminal]  Unlawful  possession  of  a  controlled  substance [in the
    21  seventh degree] is a [class A misdemeanor] violation.
    22    § 2. This act shall take effect on the ninetieth day  after  it  shall
    23  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06259-01-3