New York Senate Bill S05797 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 5797--A 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 -- 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: 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 the 17 court or any adverse party unless the individual who was tested consents 18 to such disclosure, nor shall any urine test result that indicates the 19 use of a non-prescribed substance be used as evidence in a criminal 20 action against the individual whose urine was tested; (ii) a requirement 21 that the defendant refrain from engaging in criminal behaviors; (iii) if 22 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 
 S. 5797--A 2 1 ipate in and receive medically prescribed drug treatments under the care 2 of a health care professional licensed or certified under title eight of 3 the education law, acting within his or her lawful scope of practice, 4 provided that no court shall require the use of any specified type or 5 brand of drug during the course of medically prescribed drug treatments. 6 § 2. This act shall take effect immediately.