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A07466 Summary:

BILL NOA07466
 
SAME ASSAME AS S00502
 
SPONSORKelles
 
COSPNSRSeawright, Sayegh, Simon, Steck, Paulin, Gallagher, Vanel, Hevesi, Otis, Gonzalez-Rojas, Epstein, Cruz, Glick, Rosenthal L, Bores
 
MLTSPNSR
 
Amd 160.50, CP L
 
Provides for the expungement of syringe convictions of criminally possessing a hypodermic instrument.
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A07466 Actions:

BILL NOA07466
 
05/24/2023referred to codes
01/03/2024referred to codes
03/19/2024reported
03/21/2024advanced to third reading cal.374
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A07466 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7466
 
SPONSOR: Kelles
  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 to 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 for 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 instru- ments, and ultimately lower the spread of HIV/AIDS and hepatitis infections, while also 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 from criminalization of drugs to harm reduction, and this bill would do just that by eliminating unnecessary barriers to a greater quality of life for New Yorkers by expunging arrest or conviction records related to the sale of or possession of hypodermic needle or syringe. This bill is modeled on the expungement provisions enacted for marijuana convictions following the decriminalization of various marijuana offenses.   LEGISLATIVE HISTORY: 2022: A9987 (Gottfried) - Codes   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: 180 Days after it shall have become a law.
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A07466 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7466
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 24, 2023
                                       ___________
 
        Introduced  by M. of A. KELLES, SEAWRIGHT, SAYEGH, SIMON, STECK, PAULIN,
          GALLAGHER, VANEL, HEVESI, OTIS, GONZALEZ-ROJAS, EPSTEIN,  CRUZ,  GLICK
          -- read once and referred to the Committee on Codes
 
        AN  ACT to amend the criminal procedure law, in relation to the expunge-
          ment of syringe convictions

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subparagraph  (vi)  of  paragraph (k) of subdivision 3 of
     2  section 160.50 of the criminal procedure law, as amended by  chapter  92
     3  of the laws of 2021, is amended and a new subparagraph (vii) is added to
     4  read as follows:
     5    (vi)  the  conviction  was  for  an offense defined in section 222.10,
     6  222.15, 222.25 or 222.45 of the penal law[.]; or
     7    (vii) the conviction was for a violation  of  an  offense  defined  in
     8  former  section  220.45  of the penal law prior to the effective date of
     9  this subparagraph.
    10    § 2. This act shall take effect on the one hundred eightieth day after
    11  it shall have become a law.
 
 
 
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02854-01-3
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