senate Bill S7460

2015-2016 Legislative Session

Relates to adult care facilities under the jurisdiction of the justice center for the protection of people with special needs

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
You must fill out the form below in order to support or oppose this bill. X

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 03, 2016 referred to mental health and developmental disabilities

S7460 - Details

Law Section:
Social Services Law
Laws Affected:
Amd §488, Soc Serv L

S7460 - Summary

Relates to the definition of adult care facilities under the jurisdiction of the justice center for the protection of people with special needs.

S7460 - Sponsor Memo

S7460 - Bill Text download pdf

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

                                  7460

                            I N  S E N A T E

                               May 3, 2016
                               ___________

Introduced  by  Sen. HANNON -- (at request of the Justice Center for the
  Protection of People with Special Needs) --  read  twice  and  ordered
  printed,  and  when printed to be committed to the Committee on Mental
  Health and Developmental Disabilities

AN ACT to amend the social services  law,  in  relation  to  adult  care
  facilities  under  the  jurisdiction  of  the  justice  center for the
  protection of people with special needs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (c) of subdivision 4 of section 488 of the social
services law, as added by section 1 of part B of chapter 501 of the laws
of 2012, is amended to read as follows:
  (c)  adult  care  facilities, which shall mean adult homes or enriched
housing programs licensed pursuant to article seven  of  this  chapter[:
(i) (A) that have a licensed capacity of eighty or more beds; and (B) in
which  at  least  twenty-five  percent of the residents are persons with
serious mental illness as defined by subdivision  fifty-two  of  section
1.03  of the mental hygiene law; (ii) but not including an adult home or
enriched housing program  which  is  authorized  to  operate  fifty-five
percent  or  more  of  its  total  licensed capacity of beds as assisted
living program beds pursuant to section four hundred sixty-one-l of this
chapter];
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14262-01-6

Albany, NY – Senator David Carlucci (D-Rockland/Westchester) announced that the Senate passed his bill to crack down on chronic toll evaders throughout New York State.  

assembly Bill A571B

2015-2016 Legislative Session

Establishes the crime of non-consensual dissemination of sexually explicit images

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
You must fill out the form below in order to support or oppose this bill. X

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 03, 2016 print number 571b
amend (t) and recommit to codes
Jan 28, 2016 print number 571a
amend and recommit to codes
Jan 06, 2016 referred to codes
Jan 07, 2015 referred to codes

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A571 - Details

See Senate Version of this Bill:
S4450B
Law Section:
Penal Law
Laws Affected:
Add §§250.70 & 250.75, Pen L
Versions Introduced in 2013-2014 Legislative Session:
A8214A, S5949A

A571 - Summary

Establishes the crime of non-consensual dissemination of sexually explicit images as a class A misdemeanor.

A571 - Bill Text download pdf

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

                                   571

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. BRAUNSTEIN, BRINDISI, PAULIN, SCHIMEL, McDONOUGH,
  DUPREY,  MONTESANO,  SIMOTAS,  MORELLE,  BARRETT,  BENEDETTO, BORELLI,
  BLANKENBUSH, TENNEY, RAIA, BROOK-KRASNY, OTIS, FINCH, QUART, SALADINO,
  ORTIZ, SKOUFIS, CLARK -- Multi-Sponsored by -- M. of A. CROUCH, GALEF,
  MARKEY, McKEVITT, PALMESANO, RODRIGUEZ, SKARTADOS  --  read  once  and
  referred to the Committee on Codes

AN  ACT to amend the penal law, in relation to establishing the crime of
  non-consensual disclosure of sexually explicit images

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The penal law is amended by adding a new section 250.70 to
read as follows:
S 250.70 NON-CONSENSUAL DISCLOSURE OF SEXUALLY EXPLICIT IMAGES.
  A PERSON IS GUILTY OF NON-CONSENSUAL DISCLOSURE OF  SEXUALLY  EXPLICIT
IMAGES  WHEN  HE OR SHE  INTENTIONALLY  AND KNOWINGLY DISCLOSES A PHOTO-
GRAPH, FILM, VIDEOTAPE, RECORDING, OR  ANY  OTHER  REPRODUCTION  OF  THE
IMAGE  OF  ANOTHER  PERSON  WHOSE  INTIMATE  PARTS ARE EXPOSED OR WHO IS
ENGAGED IN AN ACT OF SEXUAL CONTACT WITHOUT SUCH PERSON'S CONSENT,  WHEN
A  REASONABLE PERSON WOULD HAVE KNOWN THAT THE PERSON DEPICTED WOULD NOT
HAVE CONSENTED TO SUCH DISCLOSURE, AND UNDER CIRCUMSTANCES IN WHICH  THE
PERSON  HAS  A  REASONABLE  EXPECTATION  OF  PRIVACY.   A PERSON WHO HAS
CONSENTED TO THE CAPTURE OR POSSESSION OF AN IMAGE WITHIN THE CONTEXT OF
A PRIVATE OR CONFIDENTIAL RELATIONSHIP RETAINS A REASONABLE  EXPECTATION
OF PRIVACY WITH REGARD TO DISCLOSURE BEYOND THAT RELATIONSHIP.
  1. FOR THE PURPOSES OF THIS SECTION:
  (A) "DISCLOSE" MEANS TO SELL, MANUFACTURE, GIVE, PROVIDE, LEND, TRADE,
MAIL, DELIVER, TRANSFER, PUBLISH, DISTRIBUTE, CIRCULATE, DISCLOSE, PRES-
ENT, EXHIBIT, ADVERTISE OR OFFER.
  (B)  "INTIMATE  PARTS" MEANS THE NAKED GENITALS, PUBIC AREA, BUTTOCKS,
OR FEMALE ADULT NIPPLE OF THE PERSON.

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

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A571A - Details

See Senate Version of this Bill:
S4450B
Law Section:
Penal Law
Laws Affected:
Add §§250.70 & 250.75, Pen L
Versions Introduced in 2013-2014 Legislative Session:
A8214A, S5949A

A571A - Summary

Establishes the crime of non-consensual dissemination of sexually explicit images as a class A misdemeanor.

A571A - Bill Text download pdf

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

                                 571--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. BRAUNSTEIN, BRINDISI, PAULIN, SCHIMEL, McDONOUGH,
  DUPREY,  MONTESANO, SIMOTAS, MORELLE, BARRETT, BENEDETTO, BLANKENBUSH,
  TENNEY, RAIA, OTIS, FINCH, QUART,  SALADINO,  ORTIZ,  SKOUFIS,  CLARK,
  BRABENEC,  FRIEND  --  Multi-Sponsored  by  -- M. of A. CROUCH, GALEF,
  MARKEY, McKEVITT, PALMESANO, RODRIGUEZ, SKARTADOS  --  read  once  and
  referred  to the Committee on Codes -- recommitted to the Committee on
  Codes in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the penal law, in relation to establishing the crime of
  non-consensual disclosure of sexually explicit images

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The penal law is amended by adding two new sections 250.70
and 250.75 to read as follows:
S 250.70 NON-CONSENSUAL DISCLOSURE OF SEXUALLY EXPLICIT IMAGES.
  A PERSON IS GUILTY OF NON-CONSENSUAL DISCLOSURE OF  SEXUALLY  EXPLICIT
IMAGES  WHEN  HE OR SHE  INTENTIONALLY  AND KNOWINGLY DISCLOSES A PHOTO-
GRAPH, FILM, VIDEOTAPE, RECORDING, OR  ANY  OTHER  REPRODUCTION  OF  THE
IMAGE  OF  ANOTHER  PERSON  WHOSE  INTIMATE  PARTS ARE EXPOSED OR WHO IS
ENGAGED IN AN ACT OF SEXUAL CONTACT WITHOUT SUCH PERSON'S CONSENT,  WHEN
A  REASONABLE PERSON WOULD HAVE KNOWN THAT THE PERSON DEPICTED WOULD NOT
HAVE CONSENTED TO SUCH DISCLOSURE, AND UNDER CIRCUMSTANCES IN WHICH  THE
PERSON  HAS  A  REASONABLE  EXPECTATION  OF  PRIVACY.   A PERSON WHO HAS
CONSENTED TO THE CAPTURE OR POSSESSION OF AN IMAGE WITHIN THE CONTEXT OF
A PRIVATE OR CONFIDENTIAL RELATIONSHIP RETAINS A REASONABLE  EXPECTATION
OF PRIVACY WITH REGARD TO DISCLOSURE BEYOND THAT RELATIONSHIP.
  1. FOR THE PURPOSES OF THIS SECTION:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02341-08-6

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A571B - Details

See Senate Version of this Bill:
S4450B
Law Section:
Penal Law
Laws Affected:
Add §§250.70 & 250.75, Pen L
Versions Introduced in 2013-2014 Legislative Session:
A8214A, S5949A

A571B - Summary

Establishes the crime of non-consensual dissemination of sexually explicit images as a class A misdemeanor.

A571B - Bill Text download pdf

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

                                 571--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. BRAUNSTEIN, BRINDISI, PAULIN, SCHIMEL, McDONOUGH,
  DUPREY,  MONTESANO, SIMOTAS, MORELLE, BARRETT, BENEDETTO, BLANKENBUSH,
  TENNEY, RAIA, OTIS, FINCH, QUART, SALADINO, ORTIZ, SKOUFIS,  BRABENEC,
  FRIEND  --  Multi-Sponsored by -- M. of A. CROUCH, ENGLEBRIGHT, GALEF,
  MARKEY, McKEVITT, PALMESANO, RODRIGUEZ, SKARTADOS  --  read  once  and
  referred  to the Committee on Codes -- recommitted to the Committee on
  Codes in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the penal law, in relation to establishing the crime  of
  non-consensual dissemination of sexually explicit images

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding two new sections  250.70
and 250.75 to read as follows:
S 250.70 NON-CONSENSUAL DISSEMINATION OF SEXUALLY EXPLICIT IMAGES.
  A PERSON IS GUILTY OF NON-CONSENSUAL DISSEMINATION OF SEXUALLY EXPLIC-
IT  IMAGES  WHEN HE OR SHE KNOWINGLY AND WITHOUT CONSENT OF THE DEPICTED
PERSON DISSEMINATES A PHOTOGRAPH, FILM,  VIDEOTAPE,  RECORDING,  OR  ANY
OTHER  REPRODUCTION  OF THE IMAGE OF SUCH DEPICTED PERSON WHOSE INTIMATE
PARTS ARE EXPOSED OR WHO IS ENGAGED IN AN ACT OF SEXUAL CONTACT, WHEN  A
REASONABLE  PERSON  WOULD  HAVE KNOWN THAT THE PERSON DEPICTED WOULD NOT
HAVE CONSENTED TO SUCH DISSEMINATION, AND UNDER CIRCUMSTANCES  IN  WHICH
THE  DEPICTED  PERSON HAS A REASONABLE EXPECTATION OF PRIVACY.  A PERSON
WHO HAS CONSENTED TO THE CAPTURE OR POSSESSION OF AN  IMAGE  WITHIN  THE
CONTEXT  OF  A PRIVATE OR CONFIDENTIAL RELATIONSHIP RETAINS A REASONABLE
EXPECTATION  OF  PRIVACY  WITH  REGARD  TO  DISSEMINATION  BEYOND   THAT
RELATIONSHIP.
  1. FOR THE PURPOSES OF THIS SECTION:

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

assembly Bill A9313C

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

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S6874 -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
You must fill out the form below in order to support or oppose this bill. X

Actions

view actions (16)
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 24, 2016 substituted by s6874a
May 19, 2016 advanced to third reading cal.693
May 17, 2016 reported
May 03, 2016 print number 9313c
amend and recommit to codes
Mar 30, 2016 print number 9313b
amend and recommit to codes
Mar 09, 2016 print number 9313a
amend and recommit to codes
Feb 17, 2016 referred to codes

A9313 - Details

See Senate Version of this Bill:
S6874A
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L

A9313 - 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.

A9313 - Bill Text download pdf

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

                                  9313

                          I N  A S S E M B L Y

                            February 17, 2016
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Codes

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,
HOWEVER,  NO  COURT  SHALL BE AUTHORIZED TO ESTABLISH ANY RELEASE CONDI-
TION, FOR ANY DEFENDANT NEEDING TREATMENT FOR OPIOID  ABUSE  OR  DEPEND-
ENCE,  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.

A9313A - Details

See Senate Version of this Bill:
S6874A
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L

A9313A - 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.

A9313A - Bill Text download pdf

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

                                 9313--A

                          I N  A S S E M B L Y

                            February 17, 2016
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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)  PROVIDED,  HOWEVER, NO COURT SHALL BE AUTHORIZED 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13809-04-6

A9313B - Details

See Senate Version of this Bill:
S6874A
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L

A9313B - 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.

A9313B - Bill Text download pdf

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

                                 9313--B

                          I N  A S S E M B L Y

                            February 17, 2016
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

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.

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

Co-Sponsors

A9313C - Details

See Senate Version of this Bill:
S6874A
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L

A9313C - 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.

A9313C - Bill Text download pdf

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

                                 9313--C

                          I N  A S S E M B L Y

                            February 17, 2016
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13809-06-6