- Classification: Harm Reduction Laws |
- Category: New York Good 911 Samitaran Laws
Term/Topic: 911 Good Samitaran Law
New York Good Samitaran Laws
NY N.Y. Penal Law § 220.78 (Consol. 2011)
Sept. 18, 2011
“1. A person who, in good faith, seeks health care for someone who is experiencing a drug or alcohol overdose or other life threatening medical emergency shall not be charged or prosecuted for a controlled substance offense other than an offense involving sale for consideration or other benefit or gain, or charged or prosecuted for possession of alcohol by a person under age twenty-one years. Or a marihuana offense…other than an offense involving sale...or for possession of drug paraphernalia... [with respect to physical evidence] that was obtained as a result of such seeking or receiving of health care.
2. A person who is experiencing a drug or alcohol overdose or other life threatening medical emergency and, ingood faith, seeks health care for himself or herself or is the subject of such a good faith request for health care, shall not be charged or prosecuted for a controlled substance offense under this article or a marihuana offense.. other than an offense involving sale for consideration or other benefit or gain, or charged or prosecutedfor possession of alcohol by a person under age twenty-one years.. or for possession of drug paraphernalia..
with respect to any substance, marihuana, alcohol or paraphernalia that was obtained as a result of suchseeking or receiving of health care.
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4. It shall be an affirmative defense to a criminal sale controlled substance offense... or a criminal sale of
marihuana...with respect to any controlled substance or marihuana which was obtained as a result of such
seeking or receiving of health care, that: (a) the defendant, in good faith, seeks health care for someone or for
him or herself who is experiencing a drug or alcohol overdose or other life threatening medical emergency; and
(b) the defendant has no prior conviction for the commission or attempted commission of a class A–I, A–II or B
felony under this article.
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6. The bar to prosecution described in subdivisions one and two of this section shall not apply to the prosecution of a class A–I felony under this article, and the affirmative defense described in subdivision four of this section shall not apply to the prosecution of a class A–I or A–II felony under this article.”
NY N.Y. Crim. Pro. § 390.40 (Consol. 2011)
Sep. 18, 2011
“3. The act of seeking health care for someone who is experiencing a drug or alcohol overdose or other life threatening medical emergency shall be considered by the court when presented as a mitigating factor in any criminal prosecution for a controlled substance, marihuana, drug paraphernalia, or alcohol related offense.”
NY N.Y. Penal Law § 220.03 (2011)
Sept. 18, 2011
“A person is guilty of criminal possession of a controlled substance in the seventh degree when he or she knowingly and unlawfully possesses a controlled substance;
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[but it is not] a violation of this section when a person’s unlawful possession of a controlled substance is discovered as a result of seeking immediate health care as defined in.220.78 of the penal law because such person is experiencing a drug or alcohol overdose or other life threatening medical emergency..”
Footnotes
Date Published | 01/23/2015 |
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Posting Date | 01/23/2015 |