Bill Text: NY S05797 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides that the results of urine tests conducted pursuant to a judicial diversion program shall be private and confidential.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-03-13 - REPORTED AND COMMITTED TO CODES [S05797 Detail]

Download: New_York-2023-S05797-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5797

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 16, 2023
                                       ___________

        Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
          printed  to  be committed to the Committee on Alcoholism and Substance
          Use Disorders

        AN ACT to amend the criminal procedure law, in relation to  the  privacy
          and  confidentiality  of  urine  test  results performed pursuant to a
          judicial diversion program

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 5 of section 216.05 of the criminal procedure
     2  law, as amended by chapter 435 of the laws of 2021, is amended  to  read
     3  as follows:
     4    5.  The  defendant shall agree on the record or in writing to abide by
     5  the release conditions set by the court, which, shall  include:  partic-
     6  ipation in a specified period of alcohol or substance use treatment at a
     7  specified program or programs identified by the court, which may include
     8  periods of detoxification, residential or outpatient treatment, or both,
     9  as  determined  after  taking  into account the views of the health care
    10  professional who conducted the alcohol and substance use evaluation  and
    11  any  health  care professionals responsible for providing such treatment
    12  or monitoring the  defendant's  progress  in  such  treatment;  and  may
    13  include:  (i)  periodic  court  appearances,  which may include periodic
    14  urinalysis, provided that the results of any such urinalysis, as well as
    15  any other information acquired as part of the urinalysis process,  shall
    16  be  deemed  private  and  confidential and shall not be disclosed to any
    17  individual or entity other than the tested individual without the  writ-
    18  ten  consent of such individual who was tested, nor shall any urine test
    19  result that indicates the use of a non-prescribed substance be  used  as
    20  evidence  in  a  criminal  action against the individual whose urine was
    21  tested; (ii) a requirement that the defendant refrain from  engaging  in
    22  criminal  behaviors;  (iii)  if the defendant needs treatment for opioid
    23  use, that he or she may participate in and receive medically  prescribed

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09969-01-3
        S. 5797                             2

     1  drug treatments under the care of a health care professional licensed or
     2  certified  under  title eight of the education law, acting within his or
     3  her lawful scope of practice, provided that no court shall  require  the
     4  use  of  any  specified  type  or  brand  of  drug  during the course of
     5  medically prescribed drug treatments.
     6    § 2. This act shall take effect immediately.