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S6317Senate2015-2016 SessionSame asA9398

Relates to the judicial diversion program for certain felony offenders

Sponsor John A. DeFranciscoSD-50+3 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Codes

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Who cares

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Sponsors

Primary sponsor
John A. DeFrancisco

Senator · Senate District 50

Chair, Finance

History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 49–9
  4. Ordered to third reading cal.848
  5. Committee discharged and committed to rules
  6. Referred to alcoholism and drug abuse

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A9398Assembly

Relates to the judicial diversion program for certain felony offenders

In Assembly Committee · Codes · Sponsor William Magnarelli

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the criminal procedure law, in relation to the judicial diversion program for certain felony offenders

Purpose

To allow for the ability to unseal records when evaluating whether defendants should be placed in a judicial diversion program.

Summary of provisions

Section 1 - Amends 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.

Section 2 - Renumbers subparagraphs (ii), (iii), (iv), and (v) or paragraph b of subdivision 3 of section 216.05 of the Criminal Procedure Law and adds a new subparagraph (ii).

Section 3 - Effective Date.

Justification

Without the ability to review sealed records when evaluating whether defendants should be eligible for a judicial diversion program, vital information can be excluded. The recent shooting of officer Holden by a defendant sent to a judicial diversion program is an example of what can occur due to the lack of this vital information. Because the judge was unable to see the defendant's violent history contained in his sealed records, he believed the defendant did not present a public safety risk. Had the judge seen those records he said he would not have recommended the defendant for the division program. Allowing sealed records to be a part of this review process will become a major deterrent to these violent acts.

Legislative history

New bill.

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.