|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Jun 09, 2025 |
amended on third reading 1819a |
| May 22, 2025 |
advanced to third reading |
| May 21, 2025 |
2nd report cal. |
| May 20, 2025 |
1st report cal.1249 |
| Mar 12, 2025 |
reported and committed to codes |
| Jan 14, 2025 |
referred to alcoholism and substance use disorders |
Senate Bill S1819A
2025-2026 Legislative Session
Sponsored By
(D) 34th Senate District
Current Bill Status - On Floor Calendar
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(D, WF) 40th Senate District
2025-S1819 - Details
2025-S1819 - Sponsor Memo
BILL NUMBER: S1819
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.
2025-S1819 - Bill Text download pdf
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:
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] THEY may
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
co-Sponsors
(D, WF) 40th Senate District
2025-S1819A (ACTIVE) - Details
2025-S1819A (ACTIVE) - Sponsor Memo
BILL NUMBER: S1819A
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.
2025-S1819A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1819--A
Cal. No. 1249
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 -- reported favorably from said committee
and committed to the Committee on Codes -- reported favorably from
said committee, ordered to first and second report, ordered to a third
reading, amended and ordered reprinted, retaining its place in the
order of third reading
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 INDI-
CATES THE USE OF A NON-PRESCRIBED SUBSTANCE BE USED AS EVIDENCE IN A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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