Bill Text: NY A09778 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced - Dead) 2016-04-08 - referred to codes [A09778 Detail]

Download: New_York-2015-A09778-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9778
                   IN ASSEMBLY
                                      April 8, 2016
                                       ___________
        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
    26  to  facilitate  early  intervention  in  the event that the defendant is
    27  found to need alcohol  or  substance  abuse  treatment,  the  court  may
    28  consider  oral  and written arguments, may take testimony from witnesses

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13119-02-5