NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9778
SPONSOR: Malliotakis
 
TITLE OF BILL: An act to amend the criminal procedure law, in
relation to enacting the "Officer Randolph Holder's law"
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this law is to honor the memory of Officer Randolph Hold-
er by making necessary reforms to judicial diversion programs to ensure
and enhance public safety.
 
SUMMARY OF SPECIFIC 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 proce-
dure 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 sense-
lessly 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 felo-
ny convictions. It would require the court to consider and make a find-
ing 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.
 
PRIOR LEGISLATIVE HISTORY:
None.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect ninety days after it shall have become law.