Bill Text: NY A05681 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 5681 (Prior Session Legislation)

Introduced

Bill Title: Enacts "Officer Randolf Holder's law"; relates to the judicial diversion program for certain felony offenders.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-07-17 - held for consideration in codes [A05681 Detail]

Download: New_York-2019-A05681-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          5681
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 14, 2019
                                       ___________
        Introduced  by  M.  of  A.  MALLIOTAKIS -- read once and referred to the
          Committee on Codes
        AN ACT to amend the criminal procedure law, in relation to enacting  the
          "Officer Randolph Holder's law"
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited  as  the  "Officer
     2  Randolph Holder's law."
     3    §  2. Paragraph (b) of subdivision 1 of section 216.00 of the criminal
     4  procedure law, as added by section 4 of part AAA of chapter  56  of  the
     5  laws of 2009, is amended to read as follows:
     6    (b)  has previously been adjudicated a second felony offender pursuant
     7  to section 70.06 of the penal law or a persistent felony offender pursu-
     8  ant to section 70.10 of the penal law or a second violent felony  offen-
     9  der  pursuant  to section 70.04 of the penal law or a persistent violent
    10  felony offender pursuant to section 70.08 of the penal law.
    11    § 3. Paragraph (d) of subdivision 2 of section 216.00 of the  criminal
    12  procedure  law,  as  added by section 4 of part AAA of chapter 56 of the
    13  laws of 2009, is amended to read as follows:
    14    (d) any other information,  factor,  circumstance,  or  recommendation
    15  deemed relevant by the assessing entity or specifically requested by the
    16  court.  This  shall  include  any  information,  factor, or circumstance
    17  relating to the defendant's potential for behavior that  may  jeopardize
    18  the safety of others receiving treatment or the safety of the public.
    19    § 4. Subdivision 3 of section 216.05 of the criminal procedure law, as
    20  added  by  section  4  of part AAA of chapter 56 of the laws of 2009, is
    21  amended to read as follows:
    22    3. [(a) Upon receipt of the evaluation report either party may request
    23  a hearing on the issue of  whether  the  eligible  defendant  should  be
    24  offered  alcohol  or substance abuse treatment pursuant to this article.
    25  At such a proceeding, which shall be held as soon as practicable  so  as

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09765-01-9

        A. 5681                             2

     1  to  facilitate  early  intervention  in  the event that the defendant is
     2  found to need alcohol  or  substance  abuse  treatment,  the  court  may
     3  consider  oral  and written arguments, may take testimony from witnesses
     4  offered  by either party, and may consider any relevant evidence includ-
     5  ing, but not limited to, evidence that:
     6    (i) the defendant had within the preceding ten  years  (excluding  any
     7  time  during  which the offender was incarcerated for any reason between
     8  the time of the acts that led to the youthful offender adjudication  and
     9  the time of commission of the present offense) been adjudicated a youth-
    10  ful  offender  for:  (A)  a violent felony offense as defined in section
    11  70.02 of the penal law; or (B) any offense for which a merit time allow-
    12  ance is not available pursuant to subparagraph (ii) of paragraph (d)  of
    13  subdivision  one  of  section eight hundred three of the correction law;
    14  and
    15    (ii) in the case of a felony offense defined in  subdivision  four  of
    16  section  410.91  of  this  chapter, any statement of or submitted by the
    17  victim, as defined in paragraph (a) of subdivision two of section 380.50
    18  of this chapter.
    19    (b)] Upon [completion of such a proceeding] consent of the prosecutor,
    20  the court shall consider and make  findings  of  fact  with  respect  to
    21  whether:
    22    [(i)]  (a) the defendant is an eligible defendant as defined in subdi-
    23  vision one of section 216.00 of this article;
    24    [(ii)] (b) the defendant has a history of alcohol or  substance  abuse
    25  or dependence;
    26    [(iii)]  (c)  such  alcohol  or  substance  abuse  or  dependence is a
    27  contributing factor to the defendant's criminal behavior;
    28    [(iv)] (d) the defendant's participation in judicial  diversion  could
    29  effectively address such abuse or dependence; [and]
    30    [(v)]  (e) institutional confinement of the defendant is or may not be
    31  necessary for the protection of the public; and
    32    (f) entry into the diversion program poses a risk to public safety.
    33    § 5. This act shall take effect on the ninetieth day  after  it  shall
    34  have become a law.