New York A 2630: Provides that the results of urine tests conducted pursuant to a judicial diversion program shall be private and confidential

Bill Text

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A02630 Summary:

BILL NOA02630A

&nbsp

SAME ASSAME AS S01819-A

&nbsp

SPONSORKelles

&nbsp

COSPNSRKay, Valdez

&nbsp

MLTSPNSR

&nbsp

Amd §216.05, CP L

&nbsp

Provides that the results of urine tests conducted pursuant to a judicial diversion program shall be private and confidential.

Go to top A02630 Actions:

BILL NOA02630A

&nbsp

01/21/2025referred to codes

06/06/2025amend and recommit to codes

06/06/2025print number 2630a

06/09/2025reported referred to rules

06/10/2025reported 

06/10/2025rules report cal.554

06/10/2025ordered to third reading rules cal.554

01/07/2026ordered to third reading cal.98

Go to topA02630 Committee&nbspVotes:

Committee:CODES Chair:Dinowitz 
DATE:06/09/2025AYE/NAY:15/5 Action: Favorable refer to committee Rules DinowitzAyeMorinelloNay

CookAyeReillyExcused

LavineAyeMikulinNay

WeprinAyeTannousisNay

HevesiAyeAngelinoNay

SeawrightAyeMolitorNay

RosenthalAye

WalkerAye

VanelAbsent

CruzAye

EpsteinAye

BoresAye

ReyesAye

CunninghamAye

RomeroAye

AlvarezAye

Committee:RULES Chair:Glick 
DATE:06/10/2025AYE/NAY:19/9 Action: Favorable HeastieExcusedBarclayNay

PretlowAyeHawleyNay

CookAyeBlankenbushNay

GlickAyeRaNay

DinowitzAyeBrabenecNay

ColtonAyePalmesanoNay

MagnarelliExcusedReillyNay

PaulinAyeSmithNay

Peoples-StokesAyeJensenNay

BenedettoExcused

LavineAye

LupardoAye

BraunsteinAye

DavilaAye

HyndmanAye

RozicAye

BronsonAye

HevesiAye

HunterAye

TaylorAye

CruzAye

VanelAye

Go to topA02630 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA02630 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2630--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 21, 2025
 ___________

 Introduced by M. of A. KELLES -- 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 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:

 1 Section 1. Subdivision 5 of section 216.05 of the criminal procedure
 2 law, as amended by chapter 435 of the laws of 2021, is amended to read
 3 as follows:
 4 5. The defendant shall agree on the record or in writing to abide by
 5 the release conditions set by the court, which, shall include: partic-
 6 ipation in a specified period of alcohol or substance use treatment at a
 7 specified program or programs identified by the court, which may include
 8 periods of detoxification, residential or outpatient treatment, or both,
 9 as determined after taking into account the views of the health care
 10 professional who conducted the alcohol and substance use evaluation and
 11 any health care professionals responsible for providing such treatment
 12 or monitoring the defendant's progress in such treatment; and may
 13 include: (i) periodic court appearances, which may include periodic
 14 urinalysis, provided that the results of any such urinalysis, as well as
 15 any other information acquired as part of the urinalysis process, shall
 16 be deemed private and confidential and shall not be disclosed to the
 17 court or any adverse party, unless the individual who was tested
 18 consents to such disclosure, nor shall any urine test result that indi-
 19 cates the use of a non-prescribed substance be used as evidence in a
 20 criminal action against the individual whose urine was tested. The
 21 results of any such urinalysis shall be disclosed to the specified
 22 treatment program or programs; (ii) a requirement that the defendant
 23 refrain from engaging in criminal behaviors; (iii) if the defendant

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03771-05-5

 A. 2630--A 2

 1 needs treatment for opioid use, that [he or she] they may participate in
 2 and receive medically prescribed drug treatments under the care of a
 3 health care professional licensed or certified under title eight of the
 4 education law, acting within [his or her] their lawful scope of prac-
 5 tice, provided that no court shall require the use of any spec