Bill Text: NY A08592 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to unlawful disposal of a hypodermic instrument.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A08592 Detail]

Download: New_York-2017-A08592-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8592
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      July 10, 2017
                                       ___________
        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee on Codes
        AN  ACT  to  amend  the penal law, in relation to unlawful disposal 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. The penal law is amended by adding a new section 220.79 to
     2  read as follows:
     3  § 220.79 Unlawful disposal of a hypodermic instrument.
     4    A person is guilty of unlawful disposal  of  a  hypodermic  instrument
     5  when  he  or  she knowingly disposes of, or possesses with the intent to
     6  dispose of, a needle  or  syringe  under  circumstances  that  create  a
     7  substantial  risk  to  human health or safety or a substantial danger to
     8  the environment, including, but not limited  to,  disposal  in  a  park,
     9  public playground or other such public area.
    10    Unlawful disposal of a hypodermic instrument is a class A misdemeanor.
    11    § 2. In the event of a successful conviction of unlawful disposal of a
    12  hypodermic  instrument,  pursuant to section 220.79 of the penal law, as
    13  added by section one of this act, provided that the disposed  hypodermic
    14  instrument  was  tested  for  residue  of,  or  found  to  contain,  any
    15  controlled substance, narcotic  drug,  or  hallucinogen  as  defined  by
    16  section 220.00 of the penal law, the convicted party may, in addition to
    17  the imposed sentence and/or fine, be required at the sentencing authori-
    18  ty's  discretion,  to participate in a counseling program offered by the
    19  state relevant to the drug the tested needle was, or  may  be,  used  to
    20  consume.  The  number  of  hours  of  counseling required will be at the
    21  discretion of the sentencing authority.
    22    § 3. All state agencies  are  hereby  required  to  act  in  a  manner
    23  consistent  with  facilitating  sentenced  individuals'  attendance  for
    24  mandated counseling. State agencies shall provide convicted  individuals
    25  under  section  220.79 of the penal law, as added by section one of this
    26  act, with proof that they attended the mandated counseling hours.
    27    § 4. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13143-02-7