NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2601
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 provide for expungement of a conviction for an
offense related to criminally possessing a hypodermic instrument.
Section 2 is the effective date.
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 a 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:
2023-24: A7466 - third reading calendar 374
2022: A9987 (Gottfried) - referred to codes
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
180 Days after it shall have become a law.
