Assembly Bill A6830B

2023-2024 Legislative Session

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

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Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2023-A6830 - Details

See Senate Version of this Bill:
S5797
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L

2023-A6830 - Summary

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

2023-A6830 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6830
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Codes
 
 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:
 
   Section 1. Subdivision 5 of section 216.05 of the  criminal  procedure
 law,  as  amended by chapter 435 of the laws of 2021, is amended to read
 as follows:
   5. The defendant shall agree on the record or in writing to  abide  by
 the  release  conditions set by the court, which, shall include: partic-
 ipation in a specified period of alcohol or substance use treatment at a
 specified program or programs identified by the court, which may include
 periods of detoxification, residential or outpatient treatment, or both,
 as determined after taking into account the views  of  the  health  care
 professional  who conducted the alcohol and substance use evaluation and
 any health care professionals responsible for providing  such  treatment
 or  monitoring  the  defendant's  progress  in  such  treatment; and may
 include: (i) periodic court  appearances,  which  may  include  periodic
 urinalysis, PROVIDED THAT THE RESULTS OF ANY SUCH URINALYSIS, AS WELL AS
 ANY  OTHER INFORMATION ACQUIRED AS PART OF THE URINALYSIS PROCESS, SHALL
 BE DEEMED PRIVATE AND CONFIDENTIAL AND SHALL NOT  BE  DISCLOSED  TO  ANY
 INDIVIDUAL  OR ENTITY OTHER THAN THE TESTED INDIVIDUAL WITHOUT THE WRIT-
 TEN CONSENT OF SUCH INDIVIDUAL WHO WAS TESTED, NOR SHALL ANY URINE  TEST
 RESULT  THAT  INDICATES THE USE OF A NON-PRESCRIBED SUBSTANCE BE USED AS
 EVIDENCE IN A CRIMINAL ACTION AGAINST THE  INDIVIDUAL  WHOSE  URINE  WAS
 TESTED;  (ii)  a requirement that the defendant refrain from engaging in
 criminal behaviors; (iii) if the defendant needs  treatment  for  opioid
 use,  that he or she may participate in and receive medically prescribed
 drug treatments under the care of a health care professional licensed or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09969-01-3

2023-A6830A - Details

See Senate Version of this Bill:
S5797
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L

2023-A6830A - Summary

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

2023-A6830A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6830--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on  Codes  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 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:
 
   Section  1.  Subdivision 5 of section 216.05 of the criminal procedure
 law, as amended by chapter 435 of the laws of 2021, is amended  to  read
 as follows:
   5.  The  defendant shall agree on the record or in writing to abide by
 the release conditions set by the court, which, shall  include:  partic-
 ipation in a specified period of alcohol or substance use treatment at a
 specified program or programs identified by the court, which may include
 periods of detoxification, residential or outpatient treatment, or both,
 as  determined  after  taking  into account the views of the health care
 professional who conducted the alcohol and substance use evaluation  and
 any  health  care professionals responsible for providing such treatment
 or monitoring the  defendant's  progress  in  such  treatment;  and  may
 include:  (i)  periodic  court  appearances,  which may include periodic
 urinalysis, PROVIDED THAT THE RESULTS OF ANY SUCH URINALYSIS, AS WELL AS
 ANY OTHER INFORMATION ACQUIRED AS PART OF THE URINALYSIS PROCESS,  SHALL
 BE  DEEMED  PRIVATE  AND  CONFIDENTIAL AND SHALL NOT BE DISCLOSED TO THE
 COURT OR ANY ADVERSE PARTY UNLESS THE INDIVIDUAL WHO WAS TESTED CONSENTS
 TO SUCH DISCLOSURE, NOR SHALL ANY URINE TEST RESULT THAT  INDICATES  THE
 USE  OF  A  NON-PRESCRIBED  SUBSTANCE  BE USED AS EVIDENCE IN A CRIMINAL
 ACTION AGAINST THE INDIVIDUAL WHOSE URINE WAS TESTED; (ii) a requirement
 that the defendant refrain from engaging in criminal behaviors; (iii) if
 the defendant needs treatment for opioid use, that he or she may partic-
 ipate in and receive medically prescribed drug treatments under the care
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09969-03-3

2023-A6830B (ACTIVE) - Details

See Senate Version of this Bill:
S5797
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L

2023-A6830B (ACTIVE) - Summary

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

2023-A6830B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6830--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on  Codes  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- again reported from  said
   committee  with amendments, ordered reprinted as amended and recommit-
   ted to said committee

 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:
 
   Section  1.  Subdivision 5 of section 216.05 of the criminal procedure
 law, as amended by chapter 435 of the laws of 2021, is amended  to  read
 as follows:
   5.  The  defendant shall agree on the record or in writing to abide by
 the release conditions set by the court, which, shall  include:  partic-
 ipation in a specified period of alcohol or substance use treatment at a
 specified program or programs identified by the court, which may include
 periods of detoxification, residential or outpatient treatment, or both,
 as  determined  after  taking  into account the views of the health care
 professional who conducted the alcohol and substance use evaluation  and
 any  health  care professionals responsible for providing such treatment
 or monitoring the  defendant's  progress  in  such  treatment;  and  may
 include:  (i)  periodic  court  appearances,  which may include periodic
 urinalysis, PROVIDED THAT THE RESULTS OF ANY SUCH URINALYSIS, AS WELL AS
 ANY OTHER INFORMATION ACQUIRED AS PART OF THE URINALYSIS PROCESS,  SHALL
 BE  DEEMED  PRIVATE  AND  CONFIDENTIAL AND SHALL NOT BE DISCLOSED TO THE
 COURT OR ANY ADVERSE PARTY UNLESS THE INDIVIDUAL WHO WAS TESTED CONSENTS
 TO SUCH DISCLOSURE, NOR SHALL ANY URINE TEST RESULT THAT  INDICATES  THE
 USE  OF  A  NON-PRESCRIBED  SUBSTANCE  BE USED AS EVIDENCE IN A CRIMINAL
 ACTION AGAINST THE INDIVIDUAL WHOSE URINE WAS TESTED; (ii) a requirement
 that the defendant refrain from engaging in criminal behaviors; (iii) if
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09969-04-3

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