Provides limitations on use of evidence obtained in connection with a person seeking or receiving health care for a drug overdose

BILL NUMBER:S5191A

Title of bill

An act to amend the criminal procedure law, in relation to seeking or receiving health care for a drug or alcohol overdose

Purpose

This legislation will encourage a Witness or victim of a drug or alcohol related overdose to call 911 or seek other emergency assistance in order to save the life of an overdose victim by establishing a state policy of protecting the witnesses or victim from arrest, charge, and prosecution for drug possession, drug parapherualia possession, and certain alcohol related offenses. Recognizing that most who are in need of treatment for an overdose are unable to seek treatment on their own due to the nature of the medical condition, the bill encourages those who may be with the person to obtain health care for the individual who has overdosed by exempting evidence found on them as well.

Summary of provisions

Subparagraph 1 of the bill defines "drug or alcohol overdose" and "health care."

Subparagraph 2 of section two states that a person who in good faith seeks health care for someone who is experiencing a drug or alcohol overdose, shall not be arrested, charged or prosecuted for or convicted of possession of a controlled substance or criminal or unlawful possession of marihuana, alcohol or drug paraphernalia that was obtained as a result of seeking or receiving health care.

Subparagraph 3 of section two states that a person experiencing a drug or alcohol overdose and in good faith seeks health care for himself or herself, shall oat be arrested, charged or prosecuted for, or convicted of possession of a controlled substance or Criminal or unlawful possession of marihuana, alcohol or drug paraphernalia that was obtained as a result of seeking or receiving health care.

Section 3 states that the act of seeking health care for someone experiencing an overdose or other life threatening emergency, shall be considered by the court when presented as a mitigating factor in any criminal prosecution for controlled substance, marihuana, drug paraphernalia, or alcohol related offence.

Section 4 is the effective date.

Justification

Fear of prosecution can be a real obstacle to seeking medical care for someone suffering from a drug or alcohol overdose. We don't want to condone drug use, but neither would we want to subject drug users to a death penalty. This legislation will limit the use of evidence relating to possession of a controlled substance, marihuana, drug paraphernalia or alcohol, where the evidence results from seeking treatment for a drug overdose, including where someone seeks treatment for someone else. In New York, overdose is the number one cause of accidental death, exceeding traffic fatalities. In 2008, over 1,350 people died from accidental drug overdoses in New York State, an increase of more than 60% from 1999. The primary reason people do not call 911 or go to the hospital for an overdose is fear of prosecution.

Legislative history

2007-08: A8740- Referred to Rules Committee 2009: A8147 Referred to Codes Committee 2007-08: A8740- Referred to Rules Committee; 58366 (Volker) - Referred to Rules

Fiscal implications

None.

Effective date

Immediately.