Bill Text: NY S00286 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to exempting possession of tension pneumothorax decompression needles by paramedics and EMTs from criminal possession of a hypodermic instrument.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S00286 Detail]

Download: New_York-2019-S00286-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           286
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        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