senate Bill S6874

Signed By Governor
2015-2016 Legislative Session

Prohibits courts from conditioning release of an eligible defendant into a judicial diversion program upon treatment using any specified type or brand of drug

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Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 22, 2016 signed chap.67
Jun 21, 2016 delivered to governor
May 24, 2016 returned to senate
passed assembly
ordered to third reading cal.693
substituted for a9313c
May 17, 2016 referred to codes
delivered to assembly
passed senate
May 09, 2016 advanced to third reading
May 05, 2016 2nd report cal.
amended 6874a
May 04, 2016 1st report cal.638
Mar 02, 2016 referred to alcoholism and drug abuse

Co-Sponsors

S6874 (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L

S6874 (ACTIVE) - Summary

Prohibits courts from conditioning release of an eligible defendant into a judicial diversion program upon treatment using any specified type or brand of drug.

S6874 (ACTIVE) - Sponsor Memo

S6874 (ACTIVE) - Bill Text download pdf

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

                                  6874

                            I N  S E N A T E

                              March 2, 2016
                               ___________

Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Alcoholism and Drug Abuse

AN ACT to amend the criminal procedure law, in relation to participation
  in treatment for opioid abuse or dependence under the judicial  diver-
  sion 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 258 of the laws of 2015, is amended to read
as follows:
  5. (A) The defendant shall agree on the record or in writing to  abide
by  the  release  conditions  set  by  the  court, which, shall include:
participation in a specified period of alcohol or substance abuse treat-
ment at a specified program or programs identified by the  court,  which
may  include periods of detoxification, residential or outpatient treat-
ment, or both, as determined after taking into account the views of  the
health  care  professional who conducted the alcohol and substance abuse
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 peri-
odic  urinalysis;  (ii)  a  requirement  that the defendant refrain from
engaging in criminal behaviors; (iii) if the defendant  needs  treatment
for  opioid  abuse  or dependence, that he or she may participate in and
receive medically prescribed drug treatments under the care of a  health
care  professional licensed or certified under title eight of the educa-
tion law, acting within his or her lawful scope of practice.
  (B) NO COURT SHALL BE AUTHORIZED, PURSUANT  TO  THIS  SUBDIVISION,  TO
ESTABLISH ANY RELEASE CONDITION, FOR ANY DEFENDANT NEEDING TREATMENT FOR
OPIOID  ABUSE OR DEPENDENCE, WHICH REQUIRES USE OF ANY SPECIFIED TYPE OR
BRAND OF DRUG DURING THE COURSE OF MEDICALLY PRESCRIBED DRUG  TREATMENTS
UNDER THE CARE OF A HEALTH CARE PROFESSIONAL.
  S  2. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
procedure law, as amended by chapter 258 of the laws of 2015, is amended
to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S6874A (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L

S6874A (ACTIVE) - Summary

Prohibits courts from conditioning release of an eligible defendant into a judicial diversion program upon treatment using any specified type or brand of drug.

S6874A (ACTIVE) - Sponsor Memo

S6874A (ACTIVE) - Bill Text download pdf

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

                                 6874--A
    Cal. No. 638

                            I N  S E N A T E

                              March 2, 2016
                               ___________

Introduced  by  Sens. MURPHY, LATIMER -- read twice and ordered printed,
  and when printed to be committed to the Committee  on  Alcoholism  and
  Drug Abuse -- reported favorably from said committee, ordered to first
  report,  amended  on  first  report,  ordered  to  a second report and
  ordered reprinted, retaining its place in the order of second report

AN ACT to amend the criminal procedure law, in relation to participation
  in treatment for opioid abuse or dependence under the judicial  diver-
  sion 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 258 of the laws of 2015, 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 abuse 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  abuse  evalu-
ation  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; (ii) a requirement that the defendant refrain from  engaging
in criminal behaviors; (iii) if the defendant needs treatment for opioid
abuse  or  dependence,  that  he  or  she may participate in and receive
medically prescribed drug treatments under the care  of  a  health  care
professional  licensed  or  certified under title eight of the education
law, acting within his or her 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.
  S  2.  This act shall take effect immediately and shall apply to every
defendant applying for participation in or participating in  a  judicial
diversion  program,  pursuant  to  article 216 of the criminal procedure
law, on or after such date.

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