S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9778

                          I N  A S S E M B L Y

                              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:

  Section 1. This act shall be known and may be cited  as  the  "Officer
Randolph Holder's law."
  S  2. Paragraph (b) of subdivision 1 of section 216.00 of the criminal
procedure law, as added by section 4 of part AAA of chapter  56  of  the
laws of 2009, is amended to read as follows:
  (b)  has previously been adjudicated a SECOND FELONY OFFENDER PURSUANT
TO SECTION 70.06 OF THE PENAL LAW OR A PERSISTENT FELONY OFFENDER PURSU-
ANT TO SECTION 70.10 OF THE PENAL LAW OR A second violent felony  offen-
der  pursuant  to section 70.04 of the penal law or a persistent violent
felony offender pursuant to section 70.08 of the penal law.
  S 3. Paragraph (d) of subdivision 2 of section 216.00 of the  criminal
procedure  law,  as  added by section 4 of part AAA of chapter 56 of the
laws of 2009, is amended to read as follows:
  (d) any other information,  factor,  circumstance,  or  recommendation
deemed relevant by the assessing entity or specifically requested by the
court.  THIS  SHALL  INCLUDE  ANY  INFORMATION,  FACTOR, OR CIRCUMSTANCE
RELATING TO THE DEFENDANT'S POTENTIAL FOR BEHAVIOR THAT  MAY  JEOPARDIZE
THE SAFETY OF OTHERS RECEIVING TREATMENT OR THE SAFETY OF THE PUBLIC.
  S 4. Subdivision 3 of section 216.05 of the criminal procedure law, as
added  by  section  4  of part AAA of chapter 56 of the laws of 2009, is
amended to read as follows:
  3. [(a) Upon receipt of the evaluation report either party may request
a hearing on the issue of  whether  the  eligible  defendant  should  be
offered  alcohol  or substance abuse treatment pursuant to this article.
At such a proceeding, which shall be held as soon as practicable  so  as
to  facilitate  early  intervention  in  the event that the defendant is
found to need alcohol  or  substance  abuse  treatment,  the  court  may
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

A. 9778                             2

offered by either party, and may consider any relevant evidence  includ-
ing, but not limited to, evidence that:
  (i)  the  defendant  had within the preceding ten years (excluding any
time during which the offender was incarcerated for any  reason  between
the  time of the acts that led to the youthful offender adjudication and
the time of commission of the present offense) been adjudicated a youth-
ful offender for: (A) a violent felony offense  as  defined  in  section
70.02 of the penal law; or (B) any offense for which a merit time allow-
ance  is not available pursuant to subparagraph (ii) of paragraph (d) of
subdivision one of section eight hundred three of  the  correction  law;
and
  (ii)  in  the  case of a felony offense defined in subdivision four of
section 410.91 of this chapter, any statement of  or  submitted  by  the
victim, as defined in paragraph (a) of subdivision two of section 380.50
of this chapter.
  (b)] Upon [completion of such a proceeding] CONSENT OF THE PROSECUTOR,
the  court  shall  consider  and  make  findings of fact with respect to
whether:
  [(i)] (A) the defendant is an eligible defendant as defined in  subdi-
vision one of section 216.00 of this article;
  [(ii)]  (B)  the defendant has a history of alcohol or substance abuse
or dependence;
  [(iii)] (C) such  alcohol  or  substance  abuse  or  dependence  is  a
contributing factor to the defendant's criminal behavior;
  [(iv)]  (D)  the defendant's participation in judicial diversion could
effectively address such abuse or dependence; [and]
  [(v)] (E) institutional confinement of the defendant is or may not  be
necessary for the protection of the public; AND
  (F) ENTRY INTO THE DIVERSION PROGRAM POSES A RISK TO PUBLIC SAFETY.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.