Bill Text: NJ A4492 | 2012-2013 | Regular Session | Introduced
Bill Title: Increases fine for unlawfully possessing or improperly disposing of hypodermic needle or syringe.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-11-25 - Introduced, Referred to Assembly Health and Senior Services Committee [A4492 Detail]
Download: New_Jersey-2012-A4492-Introduced.html
Sponsored by:
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
SYNOPSIS
Increases fine for unlawfully possessing or improperly disposing of hypodermic needle or syringe.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the possession and disposal of hypodermic needles and syringes and amending N.J.S.2C:36-6 and P.L.1999, c.90.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:36-6 is amended to read as follows:
2C:36-6. a. Except as authorized by subsection b., c. or other law, it shall be unlawful for a person to have under his control or possess with intent to use a hypodermic syringe, hypodermic needle or any other instrument adapted for the use of a controlled dangerous substance or a controlled substance analog as defined in chapter 35 of Title 2C of the New Jersey Statutes or to sell, furnish or give to any person such syringe, needle or instrument. Any person who violates this section is guilty of a disorderly persons offense.
b. A person is authorized to possess and use a hypodermic needle or hypodermic syringe if the person obtains the hypodermic syringe or hypodermic needle by a valid prescription issued by a licensed physician, dentist or veterinarian and uses it for its authorized purpose.
No prescription for a hypodermic syringe, hypodermic needle or any other instrument adapted for the use of controlled dangerous substances by subcutaneous injections shall be valid for more than one year from the date of issuance.
c. Subsection a. does not apply to a duly licensed physician, dentist, veterinarian, undertaker, nurse, podiatrist, registered pharmacist, or a hospital, sanitarium, clinical laboratory or any other medical institution, or a state or a governmental agency, or a regular dealer in medical, dental or surgical supplies, or a resident physician or intern of a hospital, sanitarium or other medical institution.
Notwithstanding the provisions of N.J.S.2C:43-3, the fine for a person convicted of an offense under subsection a. of this section shall be up to $2,500.
(cf: P.L.1999, c.90, s.2)
2. Section 6 of P.L.1999, c.90 (C.2C:36-6.1) is amended to read as follows:
6. Discarding hypodermic needle or syringe.
a. A person commits a petty disorderly persons offense if:
(1) the person discards, in a place accessible to other persons, a hypodermic needle or syringe without destroying the hypodermic needle or syringe; or
(2) he is the owner, lessee, or person in control of real property and, knowing that needles and syringes in an intact condition have been discarded or abandoned on his real property, allows them to remain.
b. A hypodermic needle is destroyed if the needle is broken from the hub or mangled. A syringe is destroyed if the nipple of the barrel is broken from the barrel, or the plunger and barrel are melted. Alternatively, a hypodermic needle or syringe is destroyed if it is discarded as a single unit, without recapping, into a rigid container and the container is destroyed by grinding or crushing in a compactor, or by burning in an incinerator approved by the Department of Environmental Protection, or by another method approved by the Department of Health.
Notwithstanding the provisions of N.J.S.2C:43-3, the fine for a person convicted of an offense under subsection a. of this section shall be up to $2,500.
(cf: P.L.2012, c.17, s.3)
3. This act shall take effect immediately.
STATEMENT
This bill increases the fine for unlawfully possessing or improperly disposing of hypodermic needles or syringes.
Under current law, a person is guilty of a disorderly persons offense if the person unlawfully possesses, with the intent to use, a hypodermic needle or syringe or if the person unlawfully sells or gives the needle or syringe to another person.
A disorderly persons offense is punishable by up to six months imprisonment and a fine of up to $1,000. This bill increases the fine to up to $2,500.
In addition, current law provides that a person is guilty of a petty disorderly persons offense if the person discards, in a place that is accessible to others, a hypodermic needle or syringe without destroying it or if a property owner has knowledge that an intact needle and syringe has been discarded on his or her property and allows it to remain there.
A petty disorderly persons offense is punishable by up to 30 days imprisonment and a fine of up to $500. Under the provisions of this bill, the fine is increased to up to $2,500.
