What's happening
This bill prohibits using possession of opioid antagonists like naloxone as evidence of illegal drug activity or in certain legal proceedings.
Why it matters
Reduces barriers to carrying life-saving medication. By preventing possession of opioid antagonists (like naloxone) from being used as evidence of illegal drug activity, the bill encourages individuals—including those at risk of overdose—to carry these medications without fear of legal consequences.
Prevents misuse of overdose prevention tools in housing and criminal cases. The bill blocks prosecutors and landlords from using possession of opioid antagonists as proof of illegal drug use or business in both criminal proceedings and certain housing-related cases, such as eviction, fostering greater access to harm-reduction tools.
Standardizes law enforcement practices. Requires state and local police to be trained on these new legal standards, ensuring consistent treatment across the state and reducing the risk of wrongful arrests or prosecutions based on the presence of naloxone.
Supports broader public health goals. By removing legal deterrents, the legislation aligns with overdose prevention strategies, potentially saving more lives and helping to combat the opioid crisis in New York.
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Who cares
Headline styles
Protect Opioid Antagonist Carriers
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.586
- 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 Naloxone Users' Rights
In Senate Committee · Rules · Sponsor Joseph Lentol
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4581
2019-2020 Regular Sessions
IN SENATE
March 15, 2019
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed 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
S. 4581 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.
Sponsor's memo
Title of bill
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
Purpose
To promote the use of opioid antagonists to combat and prevent drug-re- lated overdoses.
Summary of specific provisions
Section 1 of the bill adds new section 60.49 to the criminal procedure law to prohibit the introduction of possession of an opioid antagonist to any trial, hearing, or proceeding pursuant to 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 providing any person's commission of such offense. This section also defines the term opioid antagonist.
Section 2 of the bill adds new section 4519-a to the civil practice law and rules to prohibit the introduction of possession of an opioid antag- onist in any trial, hearing, or proceeding pursuant to subdivision 1 of section 231 and paragraph 3 of subdivision b of section 233 of the real property law or subdivision 5 of section 711 and subdivision 1 of section 715 of the real property actions and proceedings law as evidence that the building or premises are being used for illegal trade, manufac- ture, or other illegal business.
Section 3 of the bill adds new section 214-G to the executive law to direct the superintendent of the state police to implement policies and procedures regarding section 60.49 of the criminal procedure law.
Section 4 of the bill adds a new subdivision 7-b to section 841 of the executive law to take such steps as necessary to ensure that municipal police and peace officers receive appropriate instruction regarding section 60.49 of the criminal procedure law.
Section 5 of the bill provides for the effective date.
Justification
Opioid antagonists, such as naloxone, have been in existence since the 1960s and have helped in preventing numerous heroin and opiate over- dose-related deaths in emergency situations. Recent legislation and actions by law enforcement and chemical dependence prevention and treat- ment providers have increased the availability of naloxone to those with addiction to heroin and opiates. At hearings and roundtable discussions held by the Assembly, chemical dependence prevention and treatment providers, physicians, drug policy experts, and law enforcement all cited the importance of the availability of opioid antagonists in preventing overdose-related deaths. Although medical treatment is required after an opioid antagonist is administered, its use and possession should not be discouraged amongst those who need it most. By prohibiting the possession of opioid antagonists as evidence in court of possession of controlled substances, this bill would help to encourage
people to obtain and possess opioid antagonists and continue to save lives.
Prior legislative history
A.3573 of 2017 A.2962-B of 2016 A.2962-A of 2015 A.10015-A of 2014 A.3573-A Lentol No Same as 2017-18
Fiscal implications
None.
Effective date
This act shall take effect in 60 days and shall apply to all cases pend- ing on such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.