S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2630
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 21, 2025
                                ___________
 
 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  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] THEY may
 participate in and receive medically prescribed  drug  treatments  under
 the care of a health care professional licensed or certified under title
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03771-01-5
              

 A. 2630                             2
 
 eight  of  the  education  law,  acting within [his or her] THEIR lawful
 scope of practice, provided that no court shall require the use  of  any
 specified  type  or  brand  of  drug  during  the  course  of  medically
 prescribed drug treatments.
   § 2. This act shall take effect immediately.