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
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.
Recorded Votes
Recorded votes are predominantly dissenting (nay) votes captured from roll call records.
| 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 |