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.
              

                                                            LBD03771-04-5
 S. 1819--A                          2
 
 CRIMINAL ACTION AGAINST THE  INDIVIDUAL  WHOSE  URINE  WAS  TESTED.  THE
 RESULTS  OF  ANY  SUCH  URINALYSIS  SHALL  BE DISCLOSED TO THE SPECIFIED
 TREATMENT PROGRAM OR PROGRAMS; (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  the  care  of  a
 health  care professional licensed or certified under title eight of the
 education law, acting within [his or her] THEIR lawful  scope  of  prac-
 tice, provided that no court shall require the use of any specified type
 or  brand  of drug during the course of medically prescribed drug treat-
 ments.
   § 2. This act shall take effect immediately.