S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10015--A

                          I N  A S S E M B L Y

                              June 6, 2014
                               ___________

Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Lentol,
  Cymbrowitz, Gottfried) -- read once and referred to the  Committee  on
  Codes  --  reported  and  referred  to the Committee on Rules -- Rules
  Committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to the Committee on Rules

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 ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The criminal procedure law  is  amended  by  adding  a  new
section 60.47 to read as follows:
S 60.47 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 PROS-
ECUTION 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 PROB-
ABLE  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  ADMINIS-
TERED,  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.
  S  2.  The  civil  practice  law  and rules is amended by adding a new
section 4519-a to read as follows:
  S 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.
                                                           LBD15528-02-4
              

A. 10015--A                         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  60.47  OF  THE
CRIMINAL PROCEDURE LAW.
  S  3.  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 60.47  OF
THE CRIMINAL PROCEDURE LAW RELATING TO THE INTRODUCTION OF OPIOID ANTAG-
ONISTS INTO EVIDENCE IN CERTAIN CASES.
  S  4.  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.