Regular Session - May 9, 1994
3302
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9 ALBANY, NEW YORK
10 May 9, 1994
11 2:21 p.m.
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14 REGULAR SESSION
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18 SENATOR HUGH T. FARLEY, President
19 STEPHEN F. SLOAN, Secretary
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3303
1 P R O C E E D I N G S
2 ACTING PRESIDENT FARLEY: The
3 Senate will come to order. Senators will please
4 find their seats. Please rise for the Pledge of
5 Allegiance to the Flag.
6 (The assemblage repeated the
7 Pledge of Allegiance to the Flag.)
8 Today in the absence of clergy,
9 we'll bow our heads for a moment of silence.
10 (A moment of silence was
11 observed.)
12 The Secretary will begin by
13 reading the Journal.
14 THE SECRETARY: In Senate,
15 Sunday, May 8th. The Senate met pursuant to
16 adjournment, Senator Bruno in the Chair upon
17 designation of the Temporary President. The
18 Journal of Saturday, May 7th, was read and
19 approved. On motion, the Senate adjourned.
20 ACTING PRESIDENT FARLEY: Hearing
21 no objection, the Journal will stand approved as
22 read. The order of business:
23 Presentation of petitions.
3304
1 Messages from the Assembly.
2 Messages from the Governor.
3 Reports of standing committees.
4 Reports of select committees.
5 Communications and reports from
6 state officers.
7 Motions and resolutions.
8 Senator Larkin, for a motion.
9 SENATOR LARKIN: Mr. President,
10 on behalf of Mr. Farley, would you please remove
11 the star from Senate Bill 214-C, Calendar Number
12 435.
13 ACTING PRESIDENT FARLEY: The
14 star is removed.
15 Senator Present.
16 SENATOR PRESENT: Would you
17 recognize Senator Stafford, please.
18 ACTING PRESIDENT FARLEY: Senator
19 Stafford.
20 SENATOR STAFFORD: I respectfully
21 announce a -- an immediate meeting of the
22 Committee on Finance in Room 332.
23 ACTING PRESIDENT FARLEY: There
3305
1 will be an immediate meeting of the Finance
2 Committee in Room 332.
3 Senator DiCarlo.
4 SENATOR DiCARLO: Mr. President,
5 I move the following bills be discharged from
6 their respective committees and be recommitted
7 with instructions to strike the enacting
8 clause: Senate 4264. Also -
9 ACTING PRESIDENT FARLEY: Without
10 objection, the enacting clause is struck.
11 SENATOR DiCARLO: -- on page 35,
12 I offer the following amendments to Calendar
13 Number 719, Print Number 7248, and ask that the
14 bill retain its place on third reading.
15 ACTING PRESIDENT FARLEY: Without
16 objection.
17 SENATOR DiCARLO: I wish to call
18 up my bill, 6861, recalled from the Assembly
19 which is now at the desk.
20 ACTING PRESIDENT FARLEY: Senator
21 -- the Secretary will read Senator DiCarlo's
22 bill.
23 SENATOR DiCARLO: Senator
3306
1 Wright's bill.
2 ACTING PRESIDENT FARLEY: Senator
3 Wright's bill.
4 THE SECRETARY: Senate Bill
5 Number 6861, by Senator Wright, an act to
6 authorize the city of Ogdensburg School District
7 to finance the accumulated deficit.
8 SENATOR DiCARLO: Mr. President,
9 I now move to reconsider the vote by which this
10 bill was passed.
11 ACTING PRESIDENT FARLEY: Call
12 the vote -- roll on reconsideration of the bill.
13 (The Secretary called the roll on
14 reconsideration.)
15 THE SECRETARY: Ayes 31.
16 ACTING PRESIDENT FARLEY: Senator
17 DiCarlo.
18 SENATOR DiCARLO: Mr. President,
19 I now offer the following amendments.
20 ACTING PRESIDENT FARLEY: The
21 amendments are received. The bill will retain
22 its place.
23 We have another motion by Senator
3307
1 DiCarlo.
2 SENATOR DiCARLO: On behalf of
3 Senator Skelos, please place a sponsor's star on
4 Calendars Number 769, 771 and 794.
5 ACTING PRESIDENT FARLEY: The
6 bills are starred.
7 SENATOR DiCARLO: Thank you.
8 ACTING PRESIDENT FARLEY: The
9 Secretary will read some substitutions.
10 THE SECRETARY: On page 5 of
11 today's calendar, Senator Nozzolio moves to
12 discharge the Committee on Elections from
13 Assembly Bill Number 10249-A and substitute it
14 for the identical Calendar Number 858.
15 ACTING PRESIDENT FARLEY:
16 Substitution is ordered.
17 THE SECRETARY: Also on page 5,
18 Senator Nozzolio moves to discharge the
19 Committee on Elections from Assembly Bill Number
20 10389 and substitute it for the identical
21 Calendar Number 859.
22 ACTING PRESIDENT FARLEY:
23 Substitution is ordered.
3308
1 Any other motions? What have we
2 got, another motion?
3 THE SECRETARY: Senator DiCarlo.
4 ACTING PRESIDENT FARLEY: Senator
5 DiCarlo, you have another motion, I understand.
6 SENATOR DiCARLO: On behalf of
7 Senator Johnson, please place a sponsor's star
8 on Calendar Number 721 and 722.
9 ACTING PRESIDENT FARLEY: Bills
10 are starred at the request of the sponsor.
11 Senator Present.
12 SENATOR PRESENT: Mr. President,
13 I would like the Senate to stand at ease for a
14 few moments.
15 ACTING PRESIDENT FARLEY: The
16 Senate will stand at ease for a few moments.
17 (Whereupon, the Senate stood at
18 ease.)
19 ACTING PRESIDENT FARLEY: The
20 Senate will come to order.
21 Senator Present.
22 SENATOR PRESENT: Mr. President,
23 can we return to reports of standing
3309
1 committees?
2 ACTING PRESIDENT FARLEY: We
3 certainly can. The Secretary will read the
4 report of the standing Committee on Finance.
5 THE SECRETARY: Senator Stafford,
6 from the Committee on Finance, reports the
7 following bills directly for third reading:
8 Senate Bill Number 8465, by the
9 Senate Committee on Rules, making an
10 appropriation for debt service obligations of
11 the City University of New York.
12 Also Senate Bill 8466, by the
13 Committee on Rules, an act making an
14 appropriation to the support and operating
15 expenses of the New York City Transit Authority.
16 Senate Bill Number 8467, by the
17 Committee on Rules, an act to provide for
18 payments to municipalities.
19 Senate Bill Number 8468, by the
20 Committee on Rules, an act act to provide for
21 payments to vendors under the Women, Infants and
22 Children's program, making an appropriation
23 therefor.
3310
1 Also Senate Bill 8469, by the
2 Committee on Rules, an act making an
3 appropriation for debt service obligations of
4 the Dormitory Authority. All bills reported
5 directly for third reading.
6 ACTING PRESIDENT FARLEY: All
7 bills reported directly to third reading.
8 Senator Present.
9 SENATOR PRESENT: Mr. President,
10 can we start on those bills and have the third
11 reading at this time?
12 ACTING PRESIDENT FARLEY: Yes, we
13 can.
14 SENATOR PRESENT: Starting with
15 Calendar 862.
16 ACTING PRESIDENT FARLEY: The
17 Secretary -- the Secretary will read the title.
18 THE SECRETARY: Calendar Number
19 862, by the Senate Committee on Rules, Senate
20 Bill Number 8465, an act making an appropriation
21 for debt service obligations of the City
22 University of New York.
23 SENATOR PRESENT: Mr. President,
3311
1 is there a message of necessity and -
2 ACTING PRESIDENT FARLEY: There's
3 two messages with this bill.
4 SENATOR PRESENT: -- and a
5 message of appropriation? I move we accept the
6 messages.
7 ACTING PRESIDENT FARLEY: All in
8 favor of accepting the messages say aye.
9 (Response of "Aye".)
10 Those opposed, nay.
11 (There was no response.)
12 The messages are accepted. You
13 can read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT FARLEY: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 38.
20 ACTING PRESIDENT FARLEY: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 863, by the Senate Committee on Rules, Senate
3312
1 Bill Number 8466, an act making an appropriation
2 to the support and operating expenses of the New
3 York City Transit Authority.
4 SENATOR PRESENT: Mr. President,
5 are there two messages at the desk on this
6 bill?
7 ACTING PRESIDENT FARLEY: There
8 are, sir.
9 SENATOR PRESENT: I move that we
10 accept the messages.
11 ACTING PRESIDENT FARLEY: All in
12 favor of accepting the messages say aye.
13 (Response of "Aye".)
14 Those opposed, nay.
15 (There was no response.)
16 The messages are accepted. You
17 can read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT FARLEY: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 38.
3313
1 ACTING PRESIDENT FARLEY: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 864, by the Senate Committee on Rules, Senate
5 Bill Number 8467, an act to provide for payments
6 to municipalities and to providers of medical
7 services.
8 SENATOR PRESENT: Mr. President,
9 are there messages at the desk for Calendar
10 864?
11 ACTING PRESIDENT FARLEY: Yes,
12 there are messages.
13 SENATOR PRESENT: I move that we
14 accept the messages.
15 ACTING PRESIDENT FARLEY: All in
16 favor of accepting the messages say aye.
17 (Response of "Aye".)
18 Those opposed, nay.
19 (There was no response.)
20 The messages are accepted. You
21 can read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
3314
1 ACTING PRESIDENT FARLEY: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 36, nays 2,
5 Senators Holland and Maltese recorded in the
6 negative.
7 ACTING PRESIDENT FARLEY: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 865, by the Senate Committee on Rules, Senate
11 Bill Number 8468, an act to provide for payments
12 to vendors under the Women, Infant and
13 Children's program and making an appropriation
14 therefor.
15 ACTING PRESIDENT FARLEY: Senator
16 Present.
17 SENATOR PRESENT: Mr. President,
18 are there messages at the desk for Calendar
19 865?
20 ACTING PRESIDENT FARLEY: The
21 messages are here.
22 SENATOR PRESENT: I move that we
23 accept the messages.
3315
1 ACTING PRESIDENT FARLEY: All in
2 favor of accepting the messages please say aye.
3 (Response of "Aye".)
4 Those opposed, nay.
5 (There was no response.)
6 The messages are accepted. You
7 can read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT FARLEY: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 38.
14 ACTING PRESIDENT FARLEY: That
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 866, by the Senate Committee on Rules, Senate
18 Bill Number 8469, an act making an appropriation
19 for debt service obligations of the Dormitory
20 Authority.
21 ACTING PRESIDENT FARLEY: Senator
22 Present.
23 SENATOR PRESENT: Mr. President,
3316
1 are there messages at the desk for Calendar
2 866?
3 ACTING PRESIDENT FARLEY: The
4 messages are here.
5 SENATOR PRESENT: Mr. President,
6 I move that we accept the messages.
7 ACTING PRESIDENT FARLEY: All in
8 favor of accepting the messages of necessity say
9 aye.
10 (Response of "Aye".)
11 Those opposed, nay.
12 (There was no response.)
13 The messages are accepted. You
14 can read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT FARLEY: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 38.
21 ACTING PRESIDENT FARLEY: The
22 bill is passed.
23 Senator Present.
3317
1 SENATOR PRESENT: Would you
2 recognizes Senator Holland, please?
3 ACTING PRESIDENT FARLEY: Senator
4 Holland.
5 SENATOR HOLLAND: Mr. President,
6 two stars, please. Would you please star my
7 bill, Calendar Number 706?
8 ACTING PRESIDENT FARLEY: 706 is
9 starred at the request of the -
10 SENATOR HOLLAND: And Senator
11 Daly's bill, Calendar 708.
12 ACTING PRESIDENT FARLEY: 708 and
13 706 are starred at the request of the sponsors.
14 Senator Present.
15 SENATOR PRESENT: Mr. President,
16 can we take up the non-controversial calendar?
17 ACTING PRESIDENT FARLEY:
18 Non-controversial. The Secretary will read it.
19 THE SECRETARY: On page 19,
20 Calendar Number 224, by Senator Stafford, Senate
21 Bill Number 6321-A, an act in relation to the
22 creation of the Westport Fire District in the
23 town of Westport.
3318
1 ACTING PRESIDENT FARLEY: Senator
2 Stafford has a home rule message here at the
3 desk. You can read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT FARLEY: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 38.
10 ACTING PRESIDENT FARLEY: The
11 bill is passed.
12 THE SECRETARY: On page 27,
13 Calendar Number 561, by Senator Lack, Senate
14 Bill Number -
15 SENATOR GOLD: Lay it aside.
16 ACTING PRESIDENT FARLEY: Lay
17 that bill aside.
18 THE SECRETARY: On page 30,
19 Calendar Number 647, by Senator DeFrancisco,
20 Senate Bill Number 6769, an act to amend the
21 Criminal Procedure Law -
22 SENATOR GOLD: Lay it aside.
23 ACTING PRESIDENT FARLEY: Lay
3319
1 that bill aside.
2 THE SECRETARY: Calendar Number
3 663, by member of the Assembly Pheffer, Assembly
4 Bill Number 825, an act to amend the Insurance
5 Law, in relation to the notice of the
6 availability of uninsured motorist coverage.
7 SENATOR PRESENT: Lay that bill
8 aside for the day.
9 ACTING PRESIDENT FARLEY: Lay
10 that bill aside for today.
11 THE SECRETARY: Calendar Number
12 665, by member of the Assembly Sidikman,
13 Assembly Bill Number 9984, an act to amend the
14 Insurance Law -
15 ACTING PRESIDENT FARLEY: You can
16 read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT FARLEY: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 38.
23 ACTING PRESIDENT FARLEY: The
3320
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 699, by Senator Volker, Senate Bill Number 7574,
4 an act to amend the Criminal Procedure Law -
5 SENATOR GOLD: Can Senator Mendez
6 have one day on this bill, please?
7 ACTING PRESIDENT FARLEY: Lay the
8 bill aside for the day, Senator Present?
9 SENATOR PRESENT: Yep.
10 SENATOR GOLD: Thank you.
11 THE SECRETARY: Calendar Number
12 713, by Senator Goodman, Senate Bill Number
13 7243, an act to amend the Alcoholic Beverage
14 Control Law.
15 ACTING PRESIDENT FARLEY: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT FARLEY: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 38.
23 ACTING PRESIDENT FARLEY: The
3321
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 715, by Senator Daly -
4 SENATOR PRESENT: Lay that bill
5 aside for the day.
6 ACTING PRESIDENT FARLEY: Lay it
7 aside for the day.
8 THE SECRETARY: Calendar Number
9 727, by Senator Hannon, Senate Bill Number 6627,
10 an act to amend the Administrative Code of the
11 city -
12 SENATOR GOLD: Lay it aside.
13 ACTING PRESIDENT FARLEY: Lay it
14 aside.
15 THE SECRETARY: Calendar Number
16 735, by Senator Volker, Senate Bill Number
17 5914-B, an act in relation to providing an
18 additional retirement benefit for certain
19 retirees.
20 ACTING PRESIDENT FARLEY: Senator
21 Volker has a home rule message here at the
22 desk. You can read the last section.
23 THE SECRETARY: Section 2. This
3322
1 act shall take effect immediately.
2 ACTING PRESIDENT FARLEY: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 39.
6 ACTING PRESIDENT FARLEY: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 736, by Senator Farley, Senate Bill Number
10 6153-A, an act to amend the Retirement and
11 Social Security Law, in relation to the transfer
12 of previous service credit.
13 ACTING PRESIDENT FARLEY: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT FARLEY: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 39.
21 ACTING PRESIDENT FARLEY: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
3323
1 738, by Senator Trunzo, Senate Bill Number 6825,
2 Public Authorities Law, in relation to
3 clarifying the status of employees of the
4 Manhattan and Bronx Surface Transportation
5 Authority.
6 ACTING PRESIDENT FARLEY: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT FARLEY: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 39.
14 ACTING PRESIDENT FARLEY: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 741, by Senator Trunzo, Senate Bill Number
18 7694-A, an act to amend the Civil Service Law
19 and the Military Law.
20 ACTING PRESIDENT FARLEY: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
3324
1 ACTING PRESIDENT FARLEY: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 39.
5 ACTING PRESIDENT FARLEY: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 748, by Senator Johnson, Senate Bill Number
9 6905, an act to amend the Benevolent Orders
10 Law -
11 ACTING PRESIDENT FARLEY: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT FARLEY: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 39.
19 ACTING PRESIDENT FARLEY: The
20 bill is passed.
21 Senator Present, that's the first
22 time through.
23 SENATOR PRESENT: Mr. President,
3325
1 let's go to the controversial calendar.
2 ACTING PRESIDENT FARLEY: The
3 Secretary will read the controversial calendar.
4 THE SECRETARY: On page 27,
5 Calendar Number 561, by Senator Lack, Senate
6 Bill Number 7213-A, an act to amend the Uniform
7 Commercial Code, in relation to regulation of
8 the leases of personal property.
9 SENATOR GOLD: Hold on one
10 second. (Pause.) Last section.
11 ACTING PRESIDENT FARLEY: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT FARLEY: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 40.
19 ACTING PRESIDENT FARLEY: The
20 bill is passed.
21 THE SECRETARY: On page 30,
22 Calendar Number 647, by Senator DeFrancisco,
23 Senate Bill Number 6769, an act to amend the
3326
1 Criminal Procedure Law.
2 SENATOR GOLD: Explanation.
3 ACTING PRESIDENT FARLEY:
4 Explanation has been asked for, Senator
5 DeFrancisco.
6 SENATOR DeFRANCISCO: This is an
7 amendment to the -- proposed amendment to the
8 Criminal Procedure Law that would provide the
9 court with an opportunity to direct the
10 defendant to provide certain information with an
11 application for bail.
12 Presently, the law reads that the
13 court should take into account several
14 principles in determining whether bail should be
15 set, and if so, how much. These include the
16 individual's character, reputation, habits and
17 mental condition, and it goes on for -- and
18 lists several other factors. Presently, that
19 determination has to be made according to the
20 Criminal Procedure Law based on -- quotes -
21 "available information".
22 There was an incident in Syracuse
23 where there was a murder of an estranged wife by
3327
1 a husband who was let out on bail and there was
2 really no realistic way that the court could
3 inquire into the mental condition of the person
4 applying for bail because there was no procedure
5 to order a defendant to do anything. So in this
6 situation, what this would do if it was passed
7 is provide the court with an opportunity to
8 require that information be provided, including
9 a mental exam, if necessary, to determine
10 whether bail should be set, and if so, how much,
11 and it would provide the court with a tool which
12 would be necessary so the court could use its
13 judgment based upon reliable information in
14 determining whether bail should be set in
15 accordance with those factors.
16 ACTING PRESIDENT FARLEY: Senator
17 Gold.
18 SENATOR GOLD: Yeah, would the
19 Senator yield to a question, please?
20 SENATOR DeFRANCISCO: Sure.
21 SENATOR GOLD: Senator, the -- a
22 question comes to my mind. I don't -- I'm not
23 standing up in out rage at the idea, but I'm
3328
1 just curious about something. If we put this
2 into law, what is your opinion as to the
3 reaction of most Supreme Court judges now, this
4 being a law? Do you think they will now take it
5 upon themselves to take the attitude that maybe
6 they ought to do it in every case, in case
7 somebody goes out and does something rash, they
8 can't be blamed for not having made the
9 evaluation?
10 SENATOR DeFRANCISCO: I can't
11 imagine that all judges will do that. It will
12 be up to the specific judge as to what evidence
13 he thinks is necessary.
14 Right now, if the court feels
15 that -- what's happening now is a practical
16 matter. If the court feels that there is some
17 mental illness or some problem that he detects
18 or based upon the facts would suggest, the only
19 mental examination that could be given at this
20 time is a competency examination, and oftentimes
21 that competency examination would be only held
22 after he's remanded without bail being held for
23 a competency examination, and then after it's
3329
1 given, that he might be released.
2 Under this procedure, it would
3 give the court another tool to avoid that
4 incarceration, and basically the tool would be
5 "if you are telling us, Counsel, that your
6 client should be released and there's no problem
7 as far as mental condition, there's no threat to
8 society as a result of this, provide us with
9 some information from the individual's doctor,
10 if he has a doctor or have your client submit to
11 an examination", so I can't answer as far as
12 what court or what judge will do what specific
13 thing. All I'm saying is that if the court has
14 to determine bail on several factors, the court
15 should have a tool upon which to give reliable
16 information to judge those factors. If the
17 court wants to use it, fine. If the court
18 chooses not to, they don't have to.
19 SENATOR GOLD: Would the Senator
20 yield to just one more question?
21 SENATOR DeFRANCISCO: Yes.
22 SENATOR GOLD: Senator, you're
23 making under existing law -- well, under
3330
1 existing law, there is a procedure whereby a
2 judge can order that some examination be done
3 but that must be in an incarcerated situation,
4 is that right?
5 SENATOR DeFRANCISCO: It's a
6 competency examination, and oftentimes, at least
7 in my jurisdiction when I've seen this happen,
8 they would be remanded without bail or kept -
9 held without bail until his competency
10 examination is performed.
11 SENATOR GOLD: Yeah, Senator,
12 what do you envision here? If this is part of a
13 bail application, wouldn't -- isn't it implicit
14 in this that the man would not be -- or woman
15 would not be put out on bail until the results?
16 Isn't it the same thing?
17 SENATOR DeFRANCISCO: But the
18 question, I think is timing. The competency
19 examination is required, you need two
20 physicians, two psychiatrists to go to the jail
21 and determine that, interview the defendant, get
22 that information in the light. With this
23 situation, it's conceivable that the defendant's
3331
1 attorney could bring in a doctor or bring in
2 whatever -- maybe that person was under
3 treatment, and there's an allegation that he's
4 not stable and there might be a doctor who's
5 been treating him for whatever and a report
6 could be brought to the judge, something that
7 could be generated by the defendant, in many
8 instances in less time than getting two
9 psychiatrists to do a competency exam.
10 SENATOR GOLD: Senator, the last
11 question I have is, shouldn't we -- if we're
12 going to do this, shouldn't we be giving some
13 kind of guidelines to the court? I mean, I
14 don't see anything in the bill as I look at it
15 which gives the court any guidance as to in
16 which cases it will decide that it needs this
17 help or doesn't need the help, and the remark
18 was made by a counsel, I'm not saying I agree
19 with it or not, that forgetting whether the idea
20 is a good one or not, that maybe the bill is
21 just too vaguely drafted.
22 We're talking about criminal laws
23 and we're talking about whether a judge should
3332
1 order this, and my only question is, maybe if
2 it's a good idea, which it may very well be,
3 Senator, whether or not we shouldn't give it a
4 little more guidance than saying, "Judge, if you
5 want to do it, do it."
6 SENATOR DeFRANCISCO: I
7 appreciate that suggestion. The problem now is,
8 however, that the standards upon which a court
9 determines bail is -- one of which is the
10 principal's character, reputation, habits and
11 mental condition, it's in the law in that vague
12 fashion as it is. All that this will do is give
13 the judge hopefully some reliable information
14 and another tool to determine -- quotes -
15 "mental condition", and that's -- I'm reading
16 directly from section 510.30, subsection (2) of
17 the Criminal Procedure Law.
18 SENATOR GOLD: Mr. President -
19 ACTING PRESIDENT FARLEY: Senator
20 Gold.
21 SENATOR GOLD: -- not to belabor
22 it, but if the gentleman would yield to one more
23 question. Senator, see, that's -- that's the
3333
1 part that I really, in practice, don't
2 necessarily agree with what happened in your
3 case.
4 This says that "in determining
5 bail, character, reputation, habits and mental
6 condition --" my understanding was that, in
7 practice, a judge would have conversations on
8 the record, as a matter of fact, with the
9 lawyers, the defense lawyers and the district
10 attorney and say to a defendant's lawyer, you
11 know, "I want to put the guy out on bail but I'm
12 concerned. This has been said -- this has been
13 said, and I would feel more comfortable if I got
14 a statement from his doctor or whatever, or if
15 he went to a doctor." I think all of that is
16 done. I don't know whether anybody has taken
17 appeals from it or anybody has seen court
18 orders, but I think that on a regular basis, a
19 lot of that is really done in our courts today.
20 I may be wrong, Senator, but that's my
21 reation.
22 SENATOR DeFRANCISCO: I don't
23 think it's done in our jurisdiction, and if it's
3334
1 done, then that's fine, but this will codify it
2 and give the judge the statutory authority to do
3 exactly that. Right now it just says that the
4 judge has got to be somewhat of a magician and
5 base it on available information rather than
6 concrete information that -- and reliable
7 information, so that's the intent of the bill.
8 ACTING PRESIDENT FARLEY: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT FARLEY: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 42, nays 1,
16 Senator Galiber recorded in the negative.
17 ACTING PRESIDENT FARLEY: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 727, by Senator Hannon, Senate Bill Number 6627,
21 Administrative Code of the city of New York, in
22 relation to access to correct housing
23 maintenance code violation.
3335
1 SENATOR GOLD: Can you hold on?
2 (Pause.) Would the sponsor be kind enough to
3 lay it aside one day for Senator Mendez?
4 ACTING PRESIDENT FARLEY: Lay the
5 bill aside for the day.
6 SENATOR GOLD: Thank you very
7 much, Senator.
8 ACTING PRESIDENT FARLEY: Senator
9 Present, that concludes the controversial
10 calendar.
11 SENATOR PRESENT: Mr. President,
12 are there any housekeeping -
13 ACTING PRESIDENT FARLEY: Are
14 there any motions on the floor, Senator?
15 Senator Leichter has a motion.
16 SENATOR LEICHTER: Mr. President,
17 may I have unanimous consent to be recorded in
18 the negative on Calendar 736?
19 ACTING PRESIDENT FARLEY: 736,
20 Senator Leichter would be in the negative. Any
21 others?
22 Senator Present, seeing none -
23 SENATOR PRESENT: Mr. President,
3336
1 there being no further business, I move that we
2 adjourn until tomorrow at 3:00 p.m.
3 ACTING PRESIDENT FARLEY: The
4 Senate will stand adjourned until tomorrow at
5 3:00 p.m.
6 (Whereupon, at 3:05 p.m., the
7 Senate adjourned.)
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