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A06583 Summary:

BILL NOA06583
 
SAME ASSAME AS S01284
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
Amd §220.03, rpld §§220.46 & 220.25, Pen L; amd §§160.50 & 440.10, CP L; amd §850, Gen Bus L; add §3395, Pub Health L
 
Eliminates criminal and civil penalties for possession of controlled substances; establishes the drug decriminalization task force to develop recommendations for reforming state laws, regulations and practices so that they align with the stated goal of treating substance use disorder as a disease, rather than a criminal behavior.
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A06583 Actions:

BILL NOA06583
 
03/19/2021referred to codes
03/24/2021enacting clause stricken
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A06583 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6583
 
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the penal law, the criminal procedure law and the gener- al business law, in relation to decriminalizing possession of controlled substances; to amend the public health law, in relation to establishing the drug decriminalization task force; to repeal certain provisions of the penal law related thereto; and providing for the repeal of certain provisions upon the expiration thereof   PURPOSE: To decriminalize possession of controlled substances and expunge the arrest and conviction records for unlawfully possessing a controlled substance.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 states certain legislative findings. Section 2 amends Penal Law sec. 220.03 by reducing the penalty for crim- inal possession of a controlled substance and renaming the offense. Sections 3, 4 and 5 amend Criminal Procedure Law sec. 160.50 to allow for the expungement of convictions for violations of Penal Law sec. 220.03. Section 6 amends Criminal Procedure Law Sec. 440.10 to allow for the vacatur of certain previous convictions for violations of Penal Law sec. 220.03. Sections 7 and 8 amend Criminal Procedure Law Sec. 440.10 to clarify that an individual does not need to demonstrate prejudice in order to have a previous conviction vacated. Section 9 repeals Penal Law sec. 220.46. Section 10 repeals Penal Law sec. 220.25. Section 11 amends the General Business Law by adding a new subparagraph (b) excluding objects used to introduce drugs into the human body from the definition of "Drug-related paraphernalia." Section 12 bars the sanctioning of individuals under parole, probation or other state or local supervision, or released on bail awaiting trial, for actions that are no longer criminal under the proposed legislation. Section 13 enacts public health law s 2780 which establishes the drug decriminalization task force. The task force will be charged with devel- oping recommendations for reforming New York's laws, regulations and practices so that they align with the goal of treating substance use disorder as a disease, rather than a criminal behavior. Section 14 of the bill is the effective date.   JUSTIFICATION: Substance use disorder (SUD) is a health condition recognized by the DSM-5, the gold standard catalogue of mental disorders. It is character- ized by the National Institute of Drug Abuse as a chronic, relapsing disorder that causes long-lasting changes in the brain. The disorder is characterized by compulsive drug seeking and continued use despite an array of harmful consequences, including harm to friends and family, loss of employment and housing, and involvement in the criminal, legal and child welfare systems. Yet, for well over a century, even as the scientific understanding of substance use disorders as a medical condition has increased, New York and other states have continued to treat drug use as a moral failing and as a crime, thereby stigmatizing and incarcerating millions of people for having a disease. Such treatment stands in stark contrast to how society and government treat individuals suffering from other diseases, such as cancer or an anxiety disorder. While individuals with these other illnesses are usually seen as worthy of compassion, support, and medical care, those with an SUD are disparaged, criminalized, and treat- ed as undeserving of assistance and compassion. The first US laws penalizing individuals for using drugs date back to 1875. However, the use of these approaches became significantly more prevalent and punitive in the 1970s with Richard Nixon's declaration of a "war on drugs" and New York's 1973 passage of the Rockefeller Drug laws, generally considered to be one of the first examples of the "tough on crime" policies that resulted in the current era of mass incarcera- tion. This punishment-centered approach became even more dominant during the crack epidemic of the 1980s and 90s as ever harsher laws were enacted. While historians debate the extent to which the drug sentencing laws of this period had explicitly racist aims, their disproportionate impact on communities of color is undeniable. While research indicates that people of all races use and sell drugs at approximately the same rate, people of color are significantly more likely to be arrested, convicted, and incarcerated for drug possession and sale than whites. For example, in New York, where African-Americans make up 17.6% of the population, 26.5% of those arrested for misdemeanor possession of drugs are Black. Furthermore, compared with whites, Black people arrested for misdemeanor drug possession are more likely to be convicted (72.4% v. 67.1%), more likely to have that conviction be for a misdemeanor, rather than a noncriminal violation (41.2% v. 30.8%), and more likely to be sentenced to jail (13.4% v 10.6%). Policies criminalizing drug use have also clearly failed to reduce the use of drugs. Despite decades of harsh penalties for drug possession, over 3,000 New Yorkers and 67,000 Americans died of a drug-related over- dose in 2018. Additionally, the federal government's 2019 "National Survey on Drug Use and Health" found that 36 million Americans had misused an illicit drug in the previous month. Instead of preventing use, these laws have devastated individuals, families, and communities. Treating substance use as a crime disrupts and destabilizes the lives of individuals who use drugs. It contributes to an increased risk of death, the spread of infectious diseases, mass incarceration, the separation of families, and barriers to accessing housing, employment, and other vital services. It does all of this at a huge financial cost, through increased spending on the criminal legal system, the child welfare system, the health care system, the shelter system, and others, as well as through reduced productivity and employment. Incarcerating someone in a New York State prison costs over $70,000 per year. Incarcerating someone in a New York City jails costs over $330,000 per year. By contrast, one year of addiction treatment with medications can cost as little as $6000, and treatment in a residential program costs signif- icantly less than incarceration, though numbers vary. Moreover, taking into account the likelihood of recidivism due to failure to treat the underlying disease during incarceration exponentially increases the cost of incarceration over treatment in the long-term. Ending the criminalization of drug use is not a new idea. Many countries around the world do not have laws that punish people for using drugs and, in 2020, Oregon voters overwhelmingly supported Measure 110 which decriminalized possession of drugs for personal use. Policies that decriminalize drug use have resulted in an array of positive outcomes. Portugal, often held up as a model, decriminalized personal possession of drugs in 2001. These reforms, together with a significant expansion of harm reduction investments and treatment availability, have resulted in significant decreases in incarceration, problematic drug use, over- dose deaths, and HIV and hepatitis infection rates. The rate of overdose deaths in Portugal was 4 per million in 2017. The equivalent number for the US was 217 per million. In New York, it was 168 per million. These policies also contributed to a large increase in the number of people receiving treatment for their substance use. For far too long, New York, together with the rest of the US, has made enforcement the central component of its response to drugs. It has continued to do so long after it became obvious that these highly costly policies had failed to achieve their stated goal - preventing the use of illicit drugs. By reducing the criminal and civil penalties that accrue to individuals as a result of personal possession of a controlled substance, the proposed legislation will transform New Yorks approach to drug use from one based on criminalization and stigma to one based on science and compassion. Instead of being discriminated against for having a substance use disor- der, a documented health condition, individuals would increasingly be seen as patients in need of care, much like individuals with any other health need. This in turn will result in fewer deaths, reductions in incarceration and the spread of bloodborne diseases, and millions of dollars saved that are currently spent incarcerating individuals solely for having a medical condition.   LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect 180 days after becoming law, however section 13 would be repealed two years after such date.
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A06583 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6583
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 19, 2021
                                       ___________
 
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Codes
 
        AN ACT to amend the penal law, the criminal procedure law and the gener-
          al  business  law,  in  relation  to  decriminalizing  possession   of
          controlled  substances; to amend the public health law, in relation to
          establishing the drug decriminalization task force; to repeal  certain
          provisions  of  the  penal  law related thereto; and providing for the
          repeal of certain provisions upon the expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Legislative  findings.  The legislature hereby finds that
     2  substance use disorder is a disease  and  should  therefore  be  treated
     3  using  a  public  health,  rather  than a criminal-legal-system-centered
     4  approach.  Existing laws criminalizing the possession of drugs have been
     5  ineffective in reducing drug use and preventing substance use  disorder.
     6  Instead,  these laws have devastated individuals, families, and communi-
     7  ties.  Treating substance use as a crime by arresting and  incarcerating
     8  people  for personal use offenses causes significant harm to individuals
     9  who use drugs by disrupting and further destabilizing  their  lives.  It
    10  also contributes to an increased risk of death, the spread of infectious
    11  diseases,  mass  incarceration, the separation of families, and barriers
    12  to accessing housing, employment, and other vital services. Furthermore,
    13  even though research shows that drugs  are  used  and  sold  at  similar
    14  levels  across  all  races,  laws  criminalizing  the  use of drugs have
    15  disproportionately impacted Black and Latinx communities. The purpose of
    16  this legislation is to save lives  and  to  help  transform  New  York's
    17  approach to drug use from one based on criminalization and stigma to one
    18  based  on  science  and  compassion,  by  eliminating criminal and civil
    19  penalties for the personal possession of controlled substances.
    20    § 2. Section 220.03 of the penal law, as amended by section 4 of  part
    21  I of chapter 57 of the laws of 2015, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04043-01-1

        A. 6583                             2
 
     1  § 220.03 [Criminal]  Unlawful  possession  of a controlled substance [in
     2             the seventh degree].
     3    A  person  is guilty of [criminal] unlawful possession of a controlled
     4  substance [in the seventh degree] when [he or she]  they  knowingly  and
     5  unlawfully  [possesses] possess a controlled substance; provided, howev-
     6  er, that it shall not be a violation  of  this  section  when  a  person
     7  possesses  a residual amount of a controlled substance and that residual
     8  amount is in or on a hypodermic syringe or  hypodermic  needle  obtained
     9  and possessed pursuant to section thirty-three hundred eighty-one of the
    10  public health law, which includes the state's syringe exchange and phar-
    11  macy  and  medical  provider-based expanded syringe access programs; nor
    12  shall it be a  violation  of  this  section  when  a  person's  unlawful
    13  possession  of a controlled substance is discovered as a result of seek-
    14  ing immediate health care as defined in  paragraph  (b)  of  subdivision
    15  three  of  section  220.78  of  [the penal law] this article, for either
    16  another person or [him or herself] themself because such person is expe-
    17  riencing a drug or alcohol overdose or other  life  threatening  medical
    18  emergency  as  defined  in paragraph (a) of subdivision three of section
    19  220.78 of [the penal law] this article.
    20    [Criminal] Unlawful possession  of  a  controlled  substance  [in  the
    21  seventh  degree]  is  a  [class A misdemeanor] violation punishable by a
    22  fine of up to fifty dollars or participation in  a  needs  screening  to
    23  identify  health  and  other service needs, including but not limited to
    24  services that may address  any  problematic  substance  use  and  mental
    25  health  conditions,  lack  of employment, housing, or food, and any need
    26  for civil legal services.  The screening should prioritize the  individ-
    27  ual's  self-identified  needs for referral to appropriate services. Such
    28  screening shall be conducted  by  individuals  trained  in  the  use  of
    29  evidence-based,  culturally  and  gender competent trauma-informed prac-
    30  tices. Upon verification that the person  has  completed  the  screening
    31  within forty-five days of when the fine was imposed, the fine imposed by
    32  this  section shall be waived. Failure to pay such fine shall not be the
    33  basis for further penalties or for a term of incarceration.
    34    § 3. Subdivision 3 of section 160.50 of the criminal procedure law  is
    35  amended by adding a new paragraph (m) to read as follows:
    36    (m)  (i)  the  conviction was for a violation of an offense defined in
    37  section 220.03 of the penal law prior to  the  effective  date  of  this
    38  paragraph.
    39    (ii) the conviction is for an offense defined in section 220.03 of the
    40  penal law.
    41    No  defendant  shall be required or permitted to waive eligibility for
    42  sealing or expungement pursuant to this section as part  of  a  plea  of
    43  guilty,  sentence  or  any  agreement  related  to  a  conviction  for a
    44  violation of section 220.03 of the penal law and any such  waiver  shall
    45  be deemed void and wholly unenforceable.
    46    §  4. Paragraph (a) of subdivision 5 of section 160.50 of the criminal
    47  procedure law, as amended by chapter 132 of the laws of 2019, is amended
    48  to read as follows:
    49    (a) Expungement of certain [marihuana-related] records.  A  conviction
    50  for  an  offense  described  in  subparagraph  (iii) of paragraph (k) or
    51  subparagraph (ii) of paragraph (m) of subdivision three of this  section
    52  shall,  [on  and after the effective date of this paragraph,] in accord-
    53  ance with the provisions of this paragraph, be  vacated  and  dismissed,
    54  and  all  records  of such conviction or convictions and related to such
    55  conviction or convictions shall be expunged, as described in subdivision
    56  forty-five of section 1.20 of this chapter,  and  the  matter  shall  be

        A. 6583                             3
 
     1  considered  terminated  in  favor  of  the accused and deemed a nullity,
     2  having been rendered by this paragraph legally invalid. All such records
     3  for an offense described in this  paragraph  where  the  conviction  was
     4  entered  on  or  before the effective date of the chapter of the laws of
     5  2019 or 2020, as  applicable,  that  amended  this  paragraph  shall  be
     6  expunged  promptly  and, in any event, no later than one year after such
     7  effective date.
     8    § 5. Subparagraph (ii) of paragraph (b) of subdivision  5  of  section
     9  160.50  of  the  criminal  procedure law, as added by chapter 131 of the
    10  laws of 2019, is amended to read as follows:
    11    (ii) where automatic vacatur, dismissal,  and  expungement,  including
    12  record destruction if requested, is required by this subdivision but any
    13  record  of  the  court  system in this state has not yet been updated to
    14  reflect same (A) notwithstanding any other provision of  law  except  as
    15  provided  in  paragraph (d) of subdivision one of this section and para-
    16  graph (e) of subdivision four of section eight hundred  thirty-seven  of
    17  the  executive  law:  (1) when the division of criminal justice services
    18  conducts a search of its criminal history records,  maintained  pursuant
    19  to  subdivision  six of section eight hundred thirty-seven of the execu-
    20  tive law, and returns a report thereon, all references to  a  conviction
    21  for an offense described in paragraph (k) or (m) of subdivision three of
    22  this  section  shall  be  excluded  from  such report; and (2) the chief
    23  administrator of the courts shall develop and promulgate rules as may be
    24  necessary to ensure that no written or electronic report of  a  criminal
    25  history  record  search  conducted by the office of court administration
    26  contains information relating to a conviction for an  offense  described
    27  in  paragraph  (k)  or (m) of subdivision three of this section; and (B)
    28  where court records relevant to such matter cannot be  located  or  have
    29  been  destroyed,  and  a  person or the person's attorney presents to an
    30  appropriate court employee a fingerprint record of the  New  York  state
    31  division  of criminal justice services, or a copy of a court disposition
    32  record or other relevant court record, which indicates that  a  criminal
    33  action or proceeding against such person was terminated by conviction of
    34  an  offense  described  in  paragraph (k) or (m) of subdivision three of
    35  this section, then promptly, and in any event within thirty  days  after
    36  such  notice  to  such  court  employee,  the chief administrator of the
    37  courts or [his or her] their designee shall assure  that  such  vacatur,
    38  dismissal,  and  expungement, including record destruction if requested,
    39  have been completed in accordance with subparagraph (i)  of  this  para-
    40  graph.
    41    §  6. Paragraph (k) of subdivision 1 of section 440.10 of the criminal
    42  procedure law, as added by chapter 132 of the laws of 2019,  is  amended
    43  to read as follows:
    44    (k)  The  judgment [occurred prior to the effective date of this para-
    45  graph and] is a conviction for an offense as defined in subparagraph (i)
    46  or (ii) of paragraph (k) or subparagraph (i) of paragraph (m) of  subdi-
    47  vision  three  of  section  160.50 of this part, in which case the court
    48  shall presume that a conviction by plea for the aforementioned  offenses
    49  was not knowing, voluntary and intelligent if it has [severe or] ongoing
    50  collateral consequences, including but not limited to potential or actu-
    51  al  immigration  consequences,  and  shall  presume that a conviction by
    52  verdict for the aforementioned offenses constitutes  cruel  and  unusual
    53  punishment  under section five of article one of the state constitution,
    54  based on those consequences. The people may rebut these presumptions.

        A. 6583                             4
 
     1    § 7. Subdivision 6 of section 440.10 of the criminal procedure law, as
     2  amended by chapter 131 of the laws  of  2019,  is  amended  to  read  as
     3  follows:
     4    6.  If  the court grants a motion under paragraph (i) or paragraph (k)
     5  of subdivision one of this section, it  must  vacate  the  judgment  and
     6  dismiss  the  accusatory instrument, and may take such additional action
     7  as is appropriate  in  the  circumstances.  A  defendant  shall  not  be
     8  required to demonstrate prejudice prior to vacating the judgment.
     9    § 8. Subdivision 9 of section 440.10 of the criminal procedure law, as
    10  added  by  section  4  of  part OO of chapter 55 of the laws of 2019, is
    11  amended to read as follows:
    12    9. Upon [granting of] considering a motion pursuant to  paragraph  (j)
    13  of subdivision one of this section, a defendant shall not be required to
    14  demonstrate prejudice. Upon granting the motion, the court may either:
    15    (a) With the consent of the people, vacate [the judgment or] and modi-
    16  fy  the judgment [by reducing it] to [one of conviction for a lesser] an
    17  alternate offense; or
    18    (b) Vacate the judgment and order a new trial  wherein  the  defendant
    19  enters a plea to the same offense in order to permit the court to resen-
    20  tence  the  defendant  in  accordance  with the amendatory provisions of
    21  subdivision one-a of section 70.15 of the penal law.
    22    § 9. Section 220.46 of the penal law is REPEALED.
    23    § 10. Section 220.25 of the penal law is REPEALED.
    24    § 11. Subdivision 2 of section 850 of the  general  business  law,  as
    25  amended  by  chapter  812  of  the  laws  of 1980, is amended to read as
    26  follows:
    27    2. (a) "Drug-related paraphernalia" consists of the following  objects
    28  used for the following purposes:
    29    [(a)]  (i)  Kits, used or designed for the purpose of planting, propa-
    30  gating, cultivating, growing or harvesting of any species of plant which
    31  is a controlled substance or from which a controlled  substance  can  be
    32  derived;
    33    [(b)]  (ii)  Kits,  used or designed for the purpose of manufacturing,
    34  compounding, converting, producing, or preparing controlled substances;
    35    [(c)] (iii) Isomerization devices, used or designed for the purpose of
    36  increasing the potency of any species of plant  which  is  a  controlled
    37  substance;
    38    [(d)]  (iv)  Scales  and balances, used or designed for the purpose of
    39  weighing or measuring controlled substances; and
    40    [(e)] (v) Diluents and  adulterants,  including  but  not  limited  to
    41  quinine  hydrochloride, mannitol, mannite, dextrose and lactose, used or
    42  designed for the purpose of cutting controlled substances; and
    43    [(f)] (vi) Separation gins, used or designed for the purpose of remov-
    44  ing twigs and seeds in order to clean or refine marihuana[;
    45    (g) Hypodermic syringes, needles and other objects, used  or  designed
    46  for the purpose of parenterally injecting controlled substances into the
    47  human body;
    48    (h)  Objects, used or designed for the purpose of ingesting, inhaling,
    49  or otherwise introducing marihuana, cocaine,  hashish,  or  hashish  oil
    50  into the human body].
    51    (b)  "Drug-related  paraphernalia"  shall not include objects used for
    52  the purpose of injecting, ingesting, inhaling or  otherwise  introducing
    53  drugs into the human body.
    54    §  12. A person under parole, probation or other state or local super-
    55  vision, or released on bail awaiting trial as of the effective  date  of
    56  this  act  shall not be punished or otherwise penalized for conduct that

        A. 6583                             5

     1  is no longer considered criminal under article  220  of  the  penal  law
     2  pursuant to the provisions of this act.
     3    § 13. The public health law is amended by adding a new section 3395 to
     4  read as follows:
     5    §  3395.  Drug decriminalization task force. 1. There is hereby estab-
     6  lished a drug  decriminalization  task  force  which,  pursuant  to  the
     7  provisions  of this section, shall develop recommendations for reforming
     8  state laws, regulations and practices so that they align with the stated
     9  goal of treating substance use disorder as  a  disease,  rather  than  a
    10  criminal behavior.
    11    2. The task force shall study and utilize reliable evidence and infor-
    12  mation to:
    13    (a)  Identify  amounts  of individual controlled substances consistent
    14  with non-prescribed personal use;
    15    (b) Identify qualitative and  quantitative  research  data  about  the
    16  types  of  services  that  people  with  substance use disorders who are
    17  involved with the criminal legal or child  welfare  systems  desire  and
    18  currently  cannot  access,  and barriers to accessing existing services;
    19  and
    20    (c) Issue recommendations regarding  laws,  regulations  and  policies
    21  identified by the task force as needing reform, including changes to the
    22  penal law, the social services law and any other statutes that will help
    23  the state achieve the objective of addressing the use of drugs through a
    24  public  health  approach.  In developing recommendations, the task force
    25  shall consider:
    26    (i) the quantity of drugs used by individuals  with  a  substance  use
    27  disorder;
    28    (ii)  policies  and practices that will prioritize access to treatment
    29  and recovery for individuals wishing to address their use of  controlled
    30  substances;
    31    (iii) non-carceral strategies to divert individuals who use drugs from
    32  the criminal legal system, including charges for selling drugs;
    33    (iv) the criminalization of possession of methadone and buprenorphine;
    34    (v)  the immigration consequences of convictions for crimes related to
    35  drug use;
    36    (vi) how to reduce unnecessary family separation;
    37    (vii) how to reduce civil collateral consequences of drug  convictions
    38  including effects on employment, housing, education, and licensing;
    39    (viii) how to maximize the use of harm reduction strategies; and
    40    (ix) how to address racial disparities in enforcement.
    41    3.  (a)  (i) Such task force shall be comprised of the commissioner of
    42  health or their designee; the commissioner  of  addiction  services  and
    43  supports  or  their designee; the commissioner of mental health or their
    44  designee; the commissioner of the division of criminal justice  services
    45  or their designee; the commissioner of the office of children and family
    46  services or their designee; the director of the office of indigent legal
    47  services  or  their designee; one public defender recommended by the New
    48  York state defenders association;  one  prosecutor  recommended  by  the
    49  district  attorneys association of the state of New York; two experts in
    50  the etiology and treatment of substance use disorders recommended by the
    51  New York academy of medicine, at least one of whom must be an expert  in
    52  medication-assisted treatment and at least one of whom must be an expert
    53  in  the  comorbidity  of substance use disorders with mental health; and
    54  eleven members to be appointed as follows: (A) three  members  shall  be
    55  appointed  by  the governor; (B) three members shall be appointed by the
    56  temporary president of the senate; (C) one member shall be appointed  by

        A. 6583                             6

     1  the  minority leader of the senate; (D) three members shall be appointed
     2  by the speaker of the assembly; and (E) one member shall be appointed by
     3  the minority leader of the assembly.
     4    (ii)  If  appointments  are  not  made  within thirty days, the senate
     5  majority leader and speaker of the assembly shall appoint the  remaining
     6  members.
     7    (iii)  All  appointees  shall  have  expertise  in at least one of the
     8  following fields: public health, substance use disorders, mental health,
     9  drug user health and harm reduction, the criminal  legal  system,  child
    10  welfare, immigration, drug policy or racial justice. Further, appointees
    11  shall  include  people with prior drug convictions, individuals who have
    12  participated in a drug court program, individuals who have been formerly
    13  incarcerated, individuals impacted by  the  child  welfare  system,  and
    14  representatives  of  organizations  serving communities impacted by past
    15  federal and state drug policies. All appointments shall  be  coordinated
    16  to  ensure  statewide  geographic  representation  that  is balanced and
    17  diverse in its composition.
    18    (iv) The task force shall be chaired by the commissioner of health  or
    19  selected  by the commissioner from the appointed members. The task force
    20  shall elect a vice-chair and other necessary  officers  from  among  all
    21  appointed members.
    22    (b)  The  members  of the task force shall receive no compensation for
    23  their services but shall be reimbursed for expenses actually and  neces-
    24  sarily incurred in the performance of their duties;
    25    (c)  No  civil action shall be brought in any court against any member
    26  of the drug decriminalization task force for any act or omission  neces-
    27  sary  to  the  discharge  of their duties as a member of the task force,
    28  except as provided herein. Such member may be liable for damages in  any
    29  such  action if they failed to act in good faith and exercise reasonable
    30  care. Any information obtained by a  member  of  the  task  force  while
    31  carrying  out  their  duties  as  prescribed  in subdivision two of this
    32  section shall only be utilized in their capacity as a member of the task
    33  force.
    34    4. No later than one year after the effective date  of  this  section,
    35  the  task  force  shall  provide  a report containing the results of the
    36  study, including evidence used as a basis in making such report, and its
    37  recommendations, if any, together with drafts of  legislation  necessary
    38  to  carry  out its recommendations by filing said report, documentation,
    39  and draft legislation, with the governor, the temporary president of the
    40  senate, the minority leader of the senate, the speaker of the  assembly,
    41  and  the minority leader of the assembly. The task force shall also make
    42  the report, documentation, and draft legislation available to the public
    43  by posting a copy on the website maintained by the office.
    44    § 14. This act shall take effect on the one hundred and eightieth  day
    45  after  it shall have become a law; provided, however, that section thir-
    46  teen shall expire and be deemed repealed two years after such  effective
    47  date.
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