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A5074

An act to amend the Criminal Procedure Law and the Penal Law — 2023-05-30 · Calendar #1041

The New York State Senate passed Assembly Print 5074, an act to amend the Criminal Procedure Law and the Penal Law, by a vote of 45-16. The bill, attributed to Senator Harckham, ensures individuals dealing with substance abuse or alcoholism have access to treatment programs that do not require religious participation. Sen. Krueger, voting in favor, argued that denying secular treatment alternatives violates constitutional protections of religious freedom, including the right not to be religious. Sixteen senators voted against the measure, including Borrello, Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, Mattera, Murray, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, Stec, Tedisco, Walczyk, and Weber. The bill takes effect 60 days after becoming law.
Passed Senate Ayes: 45 · Nays: 16

Debate Summary

Sen. Krueger explained her affirmative vote, stating the bill, attributed to Senator Harckham, ensures individuals dealing with substance abuse or alcoholism have access to treatment programs that are not religiously based. She argued that in a country recognizing religious freedom, including the right not to be religious, denying such individuals secular program options violates constitutional principles. She emphasized the bill does not prevent court-ordered participation or treatment protocols, only ensures non-religious alternatives are available.

Transcript Mentions

These votes were extracted from the floor transcript by AI. NYS Senate roll calls are read in full, but AI extraction may not capture every senator — so this list is incomplete and skews toward named dissenting votes. Use the Official API Data table above for the complete roll call.

Senator Vote Party
Krueger aye Democrat
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Gallivan nay Republican
Griffo nay Republican
Helming nay Republican
Mattera nay Republican
Murray nay Republican
O'Mara nay Republican
Oberacker nay Republican
Ortt nay Republican
Palumbo nay Republican
Rhoads nay Republican
Stec nay Republican
Tedisco nay Republican
Walczyk nay Republican
Weber nay Republican