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