| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Mar 13, 2024 |
reported and committed to codes |
| Jan 03, 2024 |
referred to alcoholism and substance use disorders |
| Dec 20, 2023 |
print number 5797b |
| Dec 20, 2023 |
amend and recommit to codes |
| May 17, 2023 |
reported and committed to codes |
| May 10, 2023 |
print number 5797a |
| May 10, 2023 |
amend and recommit to alcoholism and substance use disorders |
| Mar 16, 2023 |
referred to alcoholism and substance use disorders |
Senate Bill S5797A
2023-2024 Legislative Session
Sponsored By
(D) 34th Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
Actions
Votes
Bill Amendments
2023-S5797 - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §216.05, CP L
- Versions Introduced in 2025-2026 Legislative Session:
-
S1819
2023-S5797 - Sponsor Memo
BILL NUMBER: S5797
SPONSOR: FERNANDEZ
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to the privacy
and confidentiality of urine test results performed pursuant to a judi-
cial diversion program
PURPOSE OR GENERAL IDEA OF BILL:
Provides that the results of urinalysis performed on an individual
participating in a judicial diversion program will be confidential and
immune to criminal action.
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 5 of section 216.05 of the criminal proce-
dure law to state that the results of urinalysis are confidential and
private, and cannot be shared without written consent. Additionally, the
results of urinalysis may not be used as evidence in a criminal action
against the individual whose urine was tested.
2023-S5797 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5797
2023-2024 Regular Sessions
I N S E N A T E
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
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:
Section 1. Subdivision 5 of section 216.05 of the criminal procedure
law, as amended by chapter 435 of the laws of 2021, 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 use 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 use 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 periodic
urinalysis, PROVIDED THAT THE RESULTS OF ANY SUCH URINALYSIS, AS WELL AS
ANY OTHER INFORMATION ACQUIRED AS PART OF THE URINALYSIS PROCESS, SHALL
BE DEEMED PRIVATE AND CONFIDENTIAL AND SHALL NOT BE DISCLOSED TO ANY
INDIVIDUAL OR ENTITY OTHER THAN THE TESTED INDIVIDUAL WITHOUT THE WRIT-
TEN CONSENT OF SUCH INDIVIDUAL WHO WAS TESTED, NOR SHALL ANY URINE TEST
RESULT THAT INDICATES THE USE OF A NON-PRESCRIBED SUBSTANCE BE USED AS
EVIDENCE IN A CRIMINAL ACTION AGAINST THE INDIVIDUAL WHOSE URINE WAS
TESTED; (ii) a requirement that the defendant refrain from engaging in
criminal behaviors; (iii) if the defendant needs treatment for opioid
use, that he or she may participate in and receive medically prescribed
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09969-01-3
2023-S5797A - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §216.05, CP L
- Versions Introduced in 2025-2026 Legislative Session:
-
S1819
2023-S5797A - Sponsor Memo
BILL NUMBER: S5797A
SPONSOR: FERNANDEZ
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to the privacy
and confidentiality of urine test results performed pursuant to a judi-
cial diversion program
PURPOSE OR GENERAL IDEA OF BILL:
Provides that the results of urinalysis performed on an individual
participating in a judicial diversion program will be confidential and
immune to criminal action.
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 5 of section 216.05 of the criminal proce-
dure law to state that the results of urinalysis are confidential and
private, and cannot be shared without written consent. Additionally, the
results of urinalysis may not be used as evidence in a criminal action
against the individual whose urine was tested.
2023-S5797A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5797--A
2023-2024 Regular Sessions
I N S E N A T E
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:
Section 1. Subdivision 5 of section 216.05 of the criminal procedure
law, as amended by chapter 435 of the laws of 2021, 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 use 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 use 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 periodic
urinalysis, PROVIDED THAT THE RESULTS OF ANY SUCH URINALYSIS, AS WELL AS
ANY OTHER INFORMATION ACQUIRED AS PART OF THE URINALYSIS PROCESS, SHALL
BE DEEMED PRIVATE AND CONFIDENTIAL AND SHALL NOT BE DISCLOSED TO THE
COURT OR ANY ADVERSE PARTY UNLESS THE INDIVIDUAL WHO WAS TESTED CONSENTS
TO SUCH DISCLOSURE, NOR SHALL ANY URINE TEST RESULT THAT INDICATES THE
USE OF A NON-PRESCRIBED SUBSTANCE BE USED AS EVIDENCE IN A CRIMINAL
ACTION AGAINST THE INDIVIDUAL WHOSE URINE WAS TESTED; (ii) a requirement
that the defendant refrain from engaging in criminal behaviors; (iii) if
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
co-Sponsors
(D, WF) 40th Senate District
2023-S5797B (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §216.05, CP L
- Versions Introduced in 2025-2026 Legislative Session:
-
S1819
2023-S5797B (ACTIVE) - Sponsor Memo
BILL NUMBER: S5797B
SPONSOR: FERNANDEZ
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to the privacy
and confidentiality of urine test results performed pursuant to a judi-
cial diversion program
PURPOSE OR GENERAL IDEA OF BILL:
Provides that the results of urinalysis performed on an individual
participating in a judicial diversion program will be confidential and
immune to criminal action.
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 5 of section 216.05 of the criminal proce-
dure law to state that the results of urinalysis are confidential and
private, and cannot be shared without written consent. Additionally, the
results of urinalysis may not be used as evidence in a criminal action
against the individual whose urine was tested.
2023-S5797B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5797--B
2023-2024 Regular Sessions
I N S E N A T E
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 -- reported favorably
from said committee and committed to the Committee on Codes -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted 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:
Section 1. Subdivision 5 of section 216.05 of the criminal procedure
law, as amended by chapter 435 of the laws of 2021, 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 use 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 use 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 periodic
urinalysis, PROVIDED THAT THE RESULTS OF ANY SUCH URINALYSIS, AS WELL AS
ANY OTHER INFORMATION ACQUIRED AS PART OF THE URINALYSIS PROCESS, SHALL
BE DEEMED PRIVATE AND CONFIDENTIAL AND SHALL NOT BE DISCLOSED TO THE
COURT OR ANY ADVERSE PARTY UNLESS THE INDIVIDUAL WHO WAS TESTED CONSENTS
TO SUCH DISCLOSURE, NOR SHALL ANY URINE TEST RESULT THAT INDICATES THE
USE OF A NON-PRESCRIBED SUBSTANCE BE USED AS EVIDENCE IN A CRIMINAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09969-05-3
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