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. LBD09969-01-3A. 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.