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

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          1819

                               2025-2026 Regular Sessions

                                    I N  S E N A T E

                                    January 14, 2025
                                       ___________

        Introduced by Sens. FERNANDEZ, HARCKHAM -- read twice and ordered print-
          ed,  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:

     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] THEY  may
    23  participate  in  and  receive medically prescribed drug treatments under

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03771-01-5
        S. 1819                             2

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