NY State Senate Bill 2015-S6082

Archive: Last Bill Status - In Senate Committee Alcoholism And Drug Abuse Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to alcoholism and drug abuse
Nov 02, 2015	referred to rules

co-Sponsors

View additional co-sponsors

2015-S6082 (ACTIVE) - Details

See Assembly Version of this Bill:: A9778
Current Committee:: Senate Alcoholism And Drug Abuse
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§216.00 & 216.05, CP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S27, A3404
2019-2020: A5681
2021-2022: A6926
2023-2024: A5193

2015-S6082 (ACTIVE) - Summary

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

2015-S6082 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6082

 TITLE OF BILL :  An act to amend the criminal procedure law, in
relation to enacting the "Officer Randolph Holder's law"

 PURPOSE :

The purpose of this law is to honor the memory of Officer Randolph
Holder by making necessary reforms to judicial diversion programs to
ensure and enhance public safety.

 SUMMARY OF PROVISIONS :

Section 1 titles the bill Officer Randolph Holder's law.

Section 2 amends paragraph (b) of subdivision 1 and paragraph (d) of
subdivision 2 of section 216.00 of the criminal procedure law.

Section 3 amends subdivision 3 of section 216.05 of the criminal
procedure law and adds paragraph (vi) to subdivision 3.

Section 4 provides this act shall take ninety days after it shall have
become law.

 JUSTIFICATION :

On October 20, 2015, NYPD Officer Randolph Holder was on patrol in
East Harlem. Responding to a report of gun shots in the area, he was
senselessly murdered. The person who senselessly committed this crime
has five previous drug convictions, was wanted by the police in
connection with a September 1, 2015 shooting, and had a warrant open
for failing to participate in court ordered treatment.

Court records show that despite a lengthy criminal history, the
shooter was approved by the Court for a drug treatment program over
the objections of the prosecutor, who argued in favor of incarceration
given the history of violence this criminal had displayed.

Court ordered drug treatment programs are an opportunity for many
addicted individuals charged with a crime to rehabilitate themselves.
Treatment for drug addiction as an alternative to incarceration should
be an option only where the prosecutor and defense attorney agree.
Public safety should not be compromised. Those with extensive prior
felony convictions should not be set free to commit more crimes.

The proposals in this bill would ensure that diversion programs are
available to those most suitable and provide further protections to
the public.

This bill would narrow the eligibility requirements for those entering
judicial diversion, prohibiting those who have more than two prior
felony convictions. It would require the court to consider and make a
finding of fact on the record, regarding the risk a defendant might
pose to public safety. Additionally, it would require the consent of
the district attorney before a defendant is granted entry into a
diversion program.

These common sense reforms will ensure that the diversion programs are
available to help those who are truly qualified and require this
service, but do not needlessly compromise public safety.

 LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect ninety days after it shall have become law.

2015-S6082 (ACTIVE) - Bill Text download pdf

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

                                  6082

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            November 2, 2015
                               ___________

Introduced by Sens. GOLDEN, AMEDORE, BONACIC, BOYLE, CROCI, DeFRANCISCO,
  FARLEY,  FELDER,  FLANAGAN,  FUNKE,  GALLIVAN,  GRIFFO, HANNON, LANZA,
  LARKIN,  LAVALLE,  LITTLE,  MARCELLINO,  MARCHIONE,  MARTINS,  MURPHY,
  NOZZOLIO,  O'MARA, ORTT, RANZENHOFER, RITCHIE, ROBACH, SERINO, SEWARD,
  SKELOS, VENDITTO, YOUNG -- read twice and ordered  printed,  and  when
  printed to be committed to the Committee on Rules

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:

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

S. 6082                             2

  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
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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6082

Sponsored By

Archive: Last Bill Status - In Senate Committee Alcoholism And Drug Abuse Committee

co-Sponsors

2015-S6082 (ACTIVE) - Details

2015-S6082 (ACTIVE) - Summary

2015-S6082 (ACTIVE) - Sponsor Memo

2015-S6082 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6082

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Alcoholism And Drug Abuse Committee

co-Sponsors

2015-S6082 (ACTIVE) - Details

2015-S6082 (ACTIVE) - Summary

2015-S6082 (ACTIVE) - Sponsor Memo

2015-S6082 (ACTIVE) - Bill Text download pdf

Comments