What's happening
This bill prohibits using possession of opioid antagonists as evidence in certain criminal and civil cases and requires related police training.
Why it matters
Removes a major barrier to life-saving intervention. By prohibiting the use of opioid antagonist possession as evidence in drug prosecutions or certain property-related civil cases, the bill aims to encourage people—including drug users and their associates—to carry naloxone or similar medications without fear that it will be used against them in court, potentially increasing overdose reversals and saving lives.
Reduces stigma and legal risk for those seeking to prevent overdoses. The bill recognizes that carrying an opioid antagonist is a public health measure, not evidence of illegal activity, and helps to separate harm reduction efforts from criminal suspicion or property forfeiture actions.
Mandates police education and consistent procedures. By requiring specific training and written protocols for law enforcement on how to handle encounters involving opioid antagonists, the legislation seeks to ensure that police practices align with the new legal protections and public health goals, minimizing wrongful arrests or evidence gathering.
Applies retroactively to ongoing cases. The changes would not just affect future incidents but also apply to cases already pending when the law takes effect, potentially impacting current prosecutions or evictions where possession of naloxone or similar drugs was cited as evidence.
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Who cares
People carrying naloxone or other covered opioid antagonists
The bill would bar evidence of their possession from establishing probable cause for arrest or proving specified drug possession offenses in court proceedings.
Tenants and property owners
The bill would bar opioid antagonist possession as evidence that premises are being used for illegal trade, manufacture or other illegal business in specified property proceedings.
Prosecutors and criminal defense attorneys
The bill would restrict the use of opioid antagonist possession evidence in prosecutions for the listed drug offenses, including cases pending on its effective date.
State Police, police officers and peace officers
The bill would require instruction on the evidence restrictions and require State Police policies for encounters with people possessing opioid antagonists.
Headline styles
Protect Naloxone Users' Rights
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to rules
- Delivered to senate
- Passed assembly
- Ordered to third reading cal.39
- Returned to assembly
- Died in senate
- Referred to codes
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.15
- Reported
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Opioid Antagonist Carriers
In Senate Committee · Codes · Sponsor James Sanders Jr.
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
746
2019-2020 Regular Sessions
IN ASSEMBLY
January 10, 2019
Introduced by M. of A. LENTOL -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, the civil practice law and rules and the executive law, in relation to the possession of opioid antagonists
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The criminal procedure law is amended by adding a new section 60.49 to read as follows: § 60.49 Possession of opioid antagonists; receipt into evidence.
1. Evidence that a person was in possession of an opioid antagonist may not be admitted at any trial, hearing or other proceeding in a prosecution for any offense under sections 220.03, 220.06, 220.09, 220.16, 220.18, or 220.21 of the penal law for the purpose of establishing probable cause for an arrest or proving any person's commission of such offense.
2. For the purposes of this section, opioid antagonist is defined as a drug approved by the Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body and shall be limited to naloxone and other medications approved by the department of health for such purpose.
§ 2. The civil practice law and rules is amended by adding a new section 4519-a to read as follows:
§ 4519-a. Possession of opioid antagonists; receipt into evidence. 1. Possession of an opioid antagonist may not be received in evidence in any trial, hearing or proceeding pursuant to subdivision one of section two hundred thirty-one and paragraph three of subdivision b of section two hundred thirty-three of the real property law or subdivision five of section seven hundred eleven and subdivision one of section seven hundred fifteen of the real property actions and proceedings law as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07291-01-9
A. 746 2
evidence that the building or premises are being used for illegal trade, manufacture, or other illegal business.
2. For the purposes of this section, opioid antagonist shall have the same meaning as set forth in subdivision two of section 60.49 of the criminal procedure law.
§ 3. The executive law is amended by adding a new section 214-g to read as follows:
§ 214-g. Opioid antagonist awareness. The superintendent, in cooperation with the department of health and the office of alcoholism and substance abuse services, shall, for all members of the division of state police: (1) develop, maintain and disseminate appropriate instruction regarding section 60.49 of the criminal procedure law, and (2) establish and implement written procedures and policies in the event a member of the division of state police encounters a person who possesses opioid antagonists.
§ 4. Section 841 of the executive law is amended by adding a new subdivision 7-b to read as follows:
7-b. Take such steps as may be necessary to ensure that all police officers and peace officers certified pursuant to subdivision three of this section receive appropriate instruction regarding section 60.49 of the criminal procedure law relating to the introduction of opioid antagonists into evidence in certain cases.
§ 5. This act shall take effect on the sixtieth day after it shall have become a law and shall apply to all cases pending on and after such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.