Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 13, 2024 |
reported and committed to codes |
Jan 03, 2024 |
referred to alcoholism and substance use disorders |
Dec 20, 2023 |
print number 5797b |
Dec 20, 2023 |
amend and recommit to codes |
May 17, 2023 |
reported and committed to codes |
May 10, 2023 |
print number 5797a |
May 10, 2023 |
amend and recommit to alcoholism and substance use disorders |
Mar 16, 2023 |
referred to alcoholism and substance use disorders |
Senate Bill S5797B
2023-2024 Legislative Session
Sponsored By
(D) 34th Senate District
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
Actions
Votes
Bill Amendments
2023-S5797 - Details
- See Assembly Version of this Bill:
- A6830
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §216.05, CP L
2023-S5797 - Sponsor Memo
BILL NUMBER: S5797 SPONSOR: FERNANDEZ TITLE OF BILL: An act to amend the criminal procedure law, in relation to the privacy and confidentiality of urine test results performed pursuant to a judi- cial diversion program PURPOSE OR GENERAL IDEA OF BILL: Provides that the results of urinalysis performed on an individual participating in a judicial diversion program will be confidential and immune to criminal action. SUMMARY OF PROVISIONS: Section 1 amends subdivision 5 of section 216.05 of the criminal proce- dure law to state that the results of urinalysis are confidential and private, and cannot be shared without written consent. Additionally, the results of urinalysis may not be used as evidence in a criminal action against the individual whose urine was tested.
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
- See Assembly Version of this Bill:
- A6830
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §216.05, CP L
2023-S5797A - Sponsor Memo
BILL NUMBER: S5797A SPONSOR: FERNANDEZ TITLE OF BILL: An act to amend the criminal procedure law, in relation to the privacy and confidentiality of urine test results performed pursuant to a judi- cial diversion program PURPOSE OR GENERAL IDEA OF BILL: Provides that the results of urinalysis performed on an individual participating in a judicial diversion program will be confidential and immune to criminal action. SUMMARY OF PROVISIONS: Section 1 amends subdivision 5 of section 216.05 of the criminal proce- dure law to state that the results of urinalysis are confidential and private, and cannot be shared without written consent. Additionally, the results of urinalysis may not be used as evidence in a criminal action against the individual whose urine was tested.
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
(D, WF) 40th Senate District
2023-S5797B (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6830
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §216.05, CP L
2023-S5797B (ACTIVE) - Sponsor Memo
BILL NUMBER: S5797B SPONSOR: FERNANDEZ TITLE OF BILL: An act to amend the criminal procedure law, in relation to the privacy and confidentiality of urine test results performed pursuant to a judi- cial diversion program PURPOSE OR GENERAL IDEA OF BILL: Provides that the results of urinalysis performed on an individual participating in a judicial diversion program will be confidential and immune to criminal action. SUMMARY OF PROVISIONS: Section 1 amends subdivision 5 of section 216.05 of the criminal proce- dure law to state that the results of urinalysis are confidential and private, and cannot be shared without written consent. Additionally, the results of urinalysis may not be used as evidence in a criminal action against the individual whose urine was tested.
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
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.