BILL NUMBER: S1275
SPONSOR: GALLIVAN
 
TITLE OF BILL:
An act to amend the penal law, in relation to criminally using drug
paraphernalia in the second degree
 
PURPOSE:
This bill expands the items included in the list of drug paraphernalia.
 
SUMMARY OF PROVISIONS:
Section 1. Provides that possession of objects capable of introducing
controlled substances into the body can be considered drug paraphernalia
when circumstances evidence an intent by the possessor to use or know-
ledge on the part of the possessor that some other person intends to use
such an object unlawfully.
Section 2 establishes the effective date.
 
JUSTIFICATION:
New York law makes it illegal to possess and sell certain types of
drugs. Current law makes it a crime to possess, with intent to use
unlawfully, certain items known to be indispensable to the sale of these
illegal drugs. Other states have recognized that items used to adminis-
ter or ingest these drugs, when accompanied by circumstances evidencing
intent for use of illegal drugs, are equally dangerous to the public
welfare and deserving of criminal prohibition. This bill does just that.
In doing so, it provides law enforcement with a valuable tool for
protecting the public from the dangers inherent in the use of illegal
drugs.
 
LEGISLATIVE HISTORY:
2023-24: S.5799/A.2908 Referred to Codes
2013-14: S.6712/A.3038 Referred to Codes
2011-12: S.494/A.2027 Passed Senate/Referred to Codes
2009-10: S.626/A.2272 Referred to Codes
2007-08: S.3145/A.2634 Passed Senate/Referred to Codes
2005-06: S.5171/A.7466 Passed Senate/Referred to Codes
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the first of November after the date of
passage into law.

Statutes affected:
S1275: 220.50 penal law, 220.50(3) penal law