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- Referred to codes
- Referred to codes
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Sponsor's memo
BILL NUMBER:S5703
Title of bill
An act to amend the penal law and 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 an affirmative defense for the witnesses or victim to a controlled substance offense. 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.
Summary of provisions
Subparagraph 1 of the bill defines "drug or alcohol overdose" and "health care."
Subparagraph 2 of section two establishes an affirmative defense for a person who seeks immediate health care for someone who is experiencing a drug or alcohol overdose or other life threatening emergency given certain stated conditions.
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 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.
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 offense.
Section 4 states that it shall not be violation of section 220.03 of the penal law when a person's unlawful possession of a controlled substance is discovered as a result of seeking immediate health care for either another person or him or herself because such person is experience a drug or alcohol overdose or other life threatening medical emergency.
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 60a 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: A.8740 Referred to Rules Committee 2009-10; A.8147 Passed Assembly
Fiscal implications
None noted.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.