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NY A08147

Bill

Status

Engrossed

7/1/2010

Primary Sponsor

Richard Brodsky

Click for details

Origin

Assembly

2009-2010 General Assembly

AI Summary

  • Establishes immunity from arrest, charge, prosecution, or conviction for drug possession, marijuana possession, underage alcohol possession, and drug paraphernalia possession when a person seeks health care for someone experiencing a drug or alcohol overdose in good faith.

  • Extends the same immunity protections to persons experiencing an overdose who seek health care for themselves or are the subject of a good faith request for health care.

  • Defines "drug or alcohol overdose" as an acute condition including physical illness, coma, mania, hysteria, or death resulting from consumption of controlled substances or alcohol that a prudent layperson could reasonably believe requires health care.

  • Requires courts to consider seeking health care for an overdose victim as a mitigating factor in any criminal prosecution for controlled substance, marijuana, drug paraphernalia, or alcohol-related offenses.

  • Excludes protection for other offenses including drug trafficking and does not interfere with law enforcement's ability to secure overdose scenes.

Legislative Description

Provides limitations on use of evidence obtained in connection with a person seeking or receiving health care for a drug overdose.

Last Action

REFERRED TO RULES

7/1/2010

Committee Referrals

Rules7/1/2010
Rules6/8/2010
Codes1/6/2010
Rules6/2/2009
Codes5/6/2009

Full Bill Text

No bill text available