Provides that the results of urine tests conducted pursuant to a judicial diversion program shall be private and confidential.
Summary
This bill amends the Criminal Procedure Law to make urine test results collected under a judicial diversion program private and confidential. Under the bill, urinalysis results and other information obtained through the testing process may not be disclosed to the court or an adverse party unless the person tested consents. The bill also provides that a urine test result showing use of a non-prescribed substance may not be used as evidence in a criminal action against the person tested.
The bill preserves disclosure of urinalysis results to the designated treatment program or programs involved in the defendant’s diversion supervision. It also retains the ability of courts to require periodic court appearances and urinalysis as part of diversion conditions, while clarifying that people needing opioid use treatment may participate in medically prescribed drug treatment under the care of a licensed health care professional. Courts may not require any specific type or brand of drug for that treatment.
Impact
The bill would narrow how urine testing information is handled in judicial diversion cases by creating a confidentiality rule in the Criminal Procedure Law. It would limit the use of urinalysis results in court proceedings, restrict disclosure to parties in the case, and bar the use of positive results for non-prescribed substances as evidence in a criminal action, while still allowing treatment providers to receive the results. The measure affects defendants in diversion programs, courts, prosecutors, and treatment programs, and it reinforces protections for people receiving substance use or opioid use treatment.
Sentiment
The available voting history suggests generally favorable support for the bill, with the Assembly Codes Committee advancing it 15-5 and the Assembly Rules Committee approving it 19-9. The caption and text indicate a privacy-focused reform aimed at protecting participants in diversion programs, which appears to have broad enough support to move through committee. At the same time, the non-unanimous votes indicate some reservations among members about limiting access to testing information in criminal proceedings.
Contention
The main point of contention is the restriction on disclosure and evidentiary use of urine test results. Supporters appear to view the bill as a privacy and treatment-protection measure for people in judicial diversion and substance use treatment, while opponents likely worry that limiting access to urinalysis results could reduce court oversight, weaken enforcement of diversion conditions, or affect public safety and accountability. A secondary issue is the bill’s protection for medically prescribed drug treatment, including opioid use treatment, and the prohibition on courts specifying a particular drug or brand, which may raise concerns about judicial discretion versus medical autonomy.
Authorizes the department of health to establish a program for familial dysautonomia, Canavan's and Tay-Sachs disease screening and counseling and to provide grants and to enter into contracts with public and non-profit private entities to assist in such program; provides that participation in such program shall be voluntary and all information shall be confidential.
Provides for the notification of individuals when their address confidentiality time period is expiring no later than six months prior to such expiration; provides that such notification shall include information on how to reapply.
Provides that arbitration awards in consumer and employment disputes, where the arbitration is conducted pursuant to a contract, shall include all issues in dispute and the arbitrator's findings of fact and conclusions of law.
Provides that arbitration awards in consumer and employment disputes, where the arbitration is conducted pursuant to a contract, shall include all issues in dispute and the arbitrator's findings of fact and conclusions of law.
Relates to nonhuman primates in testing and research facilities; provides that an animal testing facility no longer in need of a nonhuman primate in its possession shall consider options for and determine the appropriate care of such nonhuman primate, including releasing such nonhuman primate to a certified sanctuary; provides that a higher education research facility that receives public money, or a facility that provides research in collaboration with a higher education facility, shall annually publish certain information on its website concerning nonhuman primates at such facility.