BILL NUMBER: S502

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to the expunge-
ment of syringe convictions

 
PURPOSE:

To expunge conviction records related to the possession or sale of hypo-
dermic syringes and needles.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 160.50 of the criminal procedure law to add a
new subparagraph vii that provides for expungement of a conviction for
an offense related to criminally possessing a hypodermic instrument.

Section 2 provides for the effective date, which is immediately.

 
              

JUSTIFICATION:

In October of 2021, Governor Kathy Hochul put an end to the criminaliza-
tion of the possession of hypodermic needles and syringes by signing
chapter 433 of the laws of 2021, which decriminalized the possession and
sale of hypodermic needles and syringes in New York State. This law is a
step forward in stopping the counterproductive use of law enforcement
resources on individuals for the possession or sale of these instruments
while ultimately lowering the spread of HIV/AIDS and hepatitis
infections and expanding syringe access by allowing pharmacies and
healthcare agencies, registered with the state ESAP program, to provide
syringes without a cap.

While this essential piece of legislation was a step in the right direc-
tion, our work is not done in eliminating the criminalization of the
possession of hypodermic needles and syringes. This bill would expunge
conviction records related to the possession or sale of hypodermic
needles and syringes, a natural next step after they were decriminalized
in October 2021. Arrests and convictions such as these have hindered New
Yorkers' ability to obtain employment, education, and even housing. It
is imperative that New York continue to take the necessary steps towards
moving away from criminalization of drugs to embracing harm reduction.
This bill would do just that by eliminating unnecessary barriers caused
by criminalization of a successful public health effort by expunging
arrest or conviction records related to the sale of or possession of
hypodermic needles or syringes.

This bill is modeled on the expungement provisions enacted for marijuana
convictions following the decriminalization of various marijuana
offenses.

 
LEGISLATIVE HISTORY:

2021-2022: S8592 / A9987 Gottfried

 
FISCAL IMPLICATIONS:

To be determined.
 
EFFECTIVE DATE:
180 days after it shall become a law.