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.
Section 2 states the effective date.
 
JUSTIFICATION:
Recovery is not a straight path. Statistics indicate that anywhere from
40% to 60% of people with addiction will experience a relapse. Individ-
uals with substance use disorders who are working on their sobriety
should not be penalized for a common event in recovery. This is espe-
cially true for those in judicial diversion programs, as decades of work
have shown that criminalizing drugs and drug users do not help the fight
against addiction and overdoses.
This bill provides that the results of urinalysis performed on an indi-
vidual participating in a judicial diversion program will be confiden-
tial and immune to criminal action.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: S5797B / A6830B
 
FISCAL IMPLICATIQNS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately

Statutes affected:
S1819: 216.05 criminal procedure law, 216.05(5) criminal procedure law