Senate Bill S5797A

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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-S5797 - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L

2023-S5797 - Summary

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

2023-S5797 - Sponsor Memo

2023-S5797 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5797
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09969-01-3

2023-S5797A - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L

2023-S5797A - Summary

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

2023-S5797A - Sponsor Memo

2023-S5797A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5797--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              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 -- 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09969-02-3

co-Sponsors

2023-S5797B (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L

2023-S5797B (ACTIVE) - Summary

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

2023-S5797B (ACTIVE) - Sponsor Memo

2023-S5797B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5797--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              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 -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said  committee  --  reported  favorably
   from said committee and committed to the Committee on Codes -- commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09969-05-3

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