Bill Text: NY A06830 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 6830

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to codes [A06830 Detail]

Download: New_York-2023-A06830-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          6830

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       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:

     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  any
    17  individual  or entity other than the tested individual without the writ-
    18  ten consent of such individual who was tested, nor shall any urine  test
    19  result  that  indicates the use of a non-prescribed substance be used as
    20  evidence in a criminal action against the  individual  whose  urine  was
    21  tested;  (ii)  a requirement that the defendant refrain from engaging in
    22  criminal behaviors; (iii) if the defendant needs  treatment  for  opioid
    23  use,  that he or she may participate in and receive medically prescribed
    24  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

        A. 6830                             2

     1  certified under title eight of the education law, acting within  his  or
     2  her  lawful  scope of practice, provided that no court shall require the
     3  use of any specified  type  or  brand  of  drug  during  the  course  of
     4  medically prescribed drug treatments.
     5    § 2. This act shall take effect immediately.