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A06830 Summary:

BILL NOA06830B
 
SAME ASSAME AS S05797-B
 
SPONSORKelles
 
COSPNSR
 
MLTSPNSR
 
Amd §216.05, CP L
 
Provides that the results of urine tests conducted pursuant to a judicial diversion program shall be private and confidential.
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A06830 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6830B
 
SPONSOR: Kelles
  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 to the court or any adverse party 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 individual participating in a judicial diver- sion program will be confidential and immune to criminal action.   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
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