S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5193
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 3, 2023
                                ___________
 
 Introduced  by  M.  of  A.  TANNOUSIS  --  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".
   §  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.
   § 3. Paragraph (d) of subdivision 2 of section 216.00 of the  criminal
 procedure law, as amended by chapter 435 of the laws of 2021, 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.
   § 4. Subdivision 3 of section 216.05 of the criminal procedure law, as
 amended by chapter 435 of the laws  of  2021,  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 use treatment pursuant to this article.  At
 such  a  proceeding, which shall be held as soon as practicable so as to

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05197-01-3
              

 A. 5193                             2

 facilitate early intervention in the event that the defendant  is  found
 to  need alcohol or substance use treatment, the court may consider oral
 and written arguments, may take  testimony  from  witnesses  offered  by
 either  party, and may consider any relevant evidence including, 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  five  of
 section  410.91  of  this  chapter, or section 165.10, 165.11, 190.79 or
 190.80 of the penal law, 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 use;
   [(iii)]  (C) such alcohol or substance use is a contributing factor to
 the defendant's criminal behavior;
   [(iv)] (D) the defendant's participation in judicial  diversion  could
 effectively address such use; [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.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.