BILL NUMBER: S1946
SPONSOR: RIVERA
 
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 (vi) of paragraph (k) that provides for expungement of
a conviction for an offense related to criminally possessing a hypoderm-
ic instrument.
Section 2 provides for the effective date.
 
JUSTIFICATION:
In October of 2021, Governor Kathy Hochul put an end to the criminaliza-
tion of 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 instruments
while ultimately lowering the spread of HIV/AIDS and hepatitis
infections and 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 to eliminate 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 housing. It is
imperative that New York continue to take the necessary steps toward
moving away from the criminalization of drugs to embracing harm
reduction. This bill would achieve this by eliminating unnecessary
barriers caused by the criminalization of a successful public health
effort by expunging arrest or conviction records related to the sale of
or possession of hypodermic needles or syringes.
This bill is modeled on the expungement provisions enacted for marijuana
convictions following the decriminalization of various marijuana
offenses.
 
LEGISLATIVE HISTORY:
2022: S8592 Rivera / A9987 Gottfried
2023-24: S502 Rivera / A7466 Kelles
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
180 days after it shall become a law.

Statutes affected:
S1946: 160.50 criminal procedure law, 160.50(3) criminal procedure law