An Amendment Concerning Hypodermic Syringes
LAWS OF NEW YORK, 2010
AN ACT to amend the penal law, in relation to hypodermic syringes
Became a law July 30, 2010, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
Section 1. Section 220.03 of the penal law, as amended by chapter 410
of the laws of 1979, is amended to read as follows:
§ 220.03 Criminal possession of a controlled substance in the seventh
A person is guilty of criminal possession of a controlled substance in
the seventh degree when he or she knowingly and unlawfully possesses a
controlled substance; provided, however, that it shall not be a
violation of this section when a person possesses a residual amount of a
controlled substance and that residual amount is in or on a hypodermic
syringe or hypodermic needle obtained and possessed pursuant to section
thirty-three hundred eighty-one of the public health law.
Criminal possession of a controlled substance in the seventh degree is
a class A misdemeanor.
§ 2. Section 220.45 of the penal law is amended to read as follows:
§ 220.45 Criminally possessing a hypodermic instrument.
A person is guilty of criminally possessing a hypodermic instrument
when he or she knowingly and unlawfully possesses or sells a hypodermic
syringe or hypodermic needle. It shall not be a violation of this
section when a person obtains and possesses a hypodermic syringe or
hypodermic needle pursuant to section thirty-three hundred eighty-one of
the public health law.
Criminally possessing a hypodermic instrument is a class A misdemea-
§ 3. The commissioner of the division of criminal justice services
shall take steps necessary to periodically inform law enforcement agen-
cies and prosecutors of the rights of individuals to possess hypodermic
syringes and hypodermic needles and residual amounts of controlled
substances in or on certain hypodermic syringes and needles pursuant to
section 3381 of the public health law and the methods and procedures
available to verify and confirm that a person in possession of a hypo-
dermic syringe or hypodermic needle is in lawful possession of such
syringe or needle as a result of his or her participation in the program
created pursuant to section 3381 of the public health law.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.
The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.
MALCOLM A. SMITH
EXPLANATION--Matter in italics is new; matter in brackets [