Regular Session - March 10, 1998
1507
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8 ALBANY, NEW YORK
9 March 10, 1998
10 3:10 p.m.
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13 REGULAR SESSION
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17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President
18 STEVEN M. BOGGESS, Secretary
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1508
1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order. Would everyone please rise and
4 join with me in the Pledge of Allegiance.
5 (The assemblage repeated the
6 Pledge of Allegiance to the Flag.)
7 May we bow our heads in a moment
8 of silence.
9 (A moment of silence was
10 observed.)
11 The reading of the Journal,
12 please.
13 THE SECRETARY: In Senate, Monday,
14 March 9th. The Senate met pursuant to
15 adjournment. The Journal of Friday, March 6th,
16 was read and approved. On motion, the Senate
17 adjourned.
18 THE PRESIDENT: Without objection,
19 the Journal stands approved as read.
20 Presentation of petitions.
21 Messages from the Assembly.
22 Messages from the Governor.
23 Reports of standing committees.
24 The Secretary will read.
25 THE SECRETARY: Senator Wright,
1509
1 from the Committee on Alcoholism and Drug Abuse,
2 reports:
3 Senate Print 338, by Senator
4 Skelos, an act to amend the Vehicle and Traffic
5 Law;
6 404, by Senator Maziarz, an act to
7 amend the Vehicle and Traffic Law;
8 2083, by Senator Cook, an act to
9 amend the Insurance Law;
10 3088, by Senator Padavan, an act
11 to amend the General Business Law.
12 Senator Padavan, from the
13 Committee on Cities, reports:
14 Senate Print 4597-A, by Senator
15 Velella, an act to amend the Real Property Tax
16 Law;
17 4880, by Senator Maltese, an act
18 to amend the Real Property Tax Law;
19 6110, by Senator Volker, an act to
20 amend the Local Finance Law.
21 Senator Spano, from the Committee
22 on Labor, reports:
23 Senate Print 1384-A, by Senator
24 Spano, an act to amend the Labor Law and the
25 Public Health Law;
1510
1 4255, by Senator Spano, an act to
2 amend the Workers' Compensation Law;
3 6328, with amendments, by Senator
4 Spano, an act to amend the Labor Law and the
5 Civil Service Law.
6 Senator Volker, from the Committee
7 on Codes, reports:
8 Senate Print 87-A, by Senator
9 Volker, an act to amend the Penal Law;
10 501, by Senator Johnson, an act to
11 amend the Criminal Procedure Law;
12 665, by Senator Saland, an act to
13 amend the Criminal Procedure Law;
14 673, by Senator Saland, an act to
15 amend the Criminal Procedure Law;
16 4047, by Senator Padavan, an act
17 to amend the Penal Law;
18 4084-A, by Senator Nozzolio, an
19 act to amend the Civil Practice Law and Rules;
20 4306, by Senator Volker, an act to
21 amend the Penal Law;
22 4307, by Senator Volker, an act to
23 amend the Penal Law and the Criminal Procedure
24 Law;
25 4412, by Senator Rath, an act to
1511
1 amend the Civil Practice Law and Rules;
2 4583-A, by Senator Meier, an act
3 to amend the Penal Law;
4 5218-A, by Senator Volker, an act
5 to amend the Penal Law;
6 5710-A, by Senator Velella, an act
7 to amend the Penal Law.
8 All bills directly for third
9 reading.
10 ACTING PRESIDENT KUHL: All bills
11 are ordered directly to third reading.
12 Reports of select committees.
13 Communications and reports from
14 state officers.
15 Motions and resolutions.
16 Senator Velella.
17 SENATOR VELELLA: Mr. President,
18 at this time may we please adopt the Resolution
19 Calendar with the exception of Resolutions 2811,
20 2847 and may we recommit 2854.
21 ACTING PRESIDENT KUHL: Resolution
22 2854, which is on the Resolution Calendar, is
23 recommitted. The motion is to adopt the
24 Resolution Calendar on the members' desks with
25 the exception of Resolutions 2811 and 2847. All
1512
1 those in favor signify by saying aye.
2 (Response of "Aye".)
3 Opposed, nay.
4 (There was no response.)
5 The Resolution Calendar is
6 adopted.
7 Senator Velella.
8 SENATOR VELELLA: Mr. President,
9 may we please take up Resolution 2811 by Senator
10 Seward. I ask that it be read in its entirety
11 and move its immediate adoption.
12 ACTING PRESIDENT KUHL: The
13 Secretary will read Resolution 2811 in its
14 entirety.
15 THE SECRETARY: By Senator Seward,
16 Legislative Resolution mourning the death of
17 former New York State Senator Leighton A. Hope,
18 distinguished citizen;
19 WHEREAS, it is the custom of this
20 legislative body to publicly mourn the death of
21 prominent citizens of the New York whose life,
22 work and civic endeavor serve to enhance the
23 reputation of the state.
24 Senator Leighton A. Hope of
25 Cortland, New York, died on February 14th, 1998.
1513
1 Senator Leighton A. Hope distinguished himself
by
2 his sincere dedication and substantial
3 contribution to the welfare of his community and
4 the New York State Senate.
5 Senator Leighton A. Hope's spirit
6 of humanity, of devotion to the good of all,
7 carried over into all of his endeavors,
including
8 charitable and philanthropic work.
9 Born December 9th, 1921 in
10 Washington, D.C., he attended Taft School in
11 Connecticut and Yale University. He was a
12 graduate of DePauw University.
13 He served as a first lieutenant in
14 the Army Air Corps for three years in World War
15 II, flying 35 bomber missions over Europe and
was
16 shot down twice.
17 Leighton A. Hope served two terms
18 in the state Senate and was the last Senator to
19 come from Cortland. He ran for and was elected
20 to the state Senate in 1962 and was re-elected
in
21 1964. In office he served on Joint Legislative
22 Committees on Environmental Conservation and
23 Firearms.
24 After his Senate terms, Leighton
25 A. Hope was appointed secretary to the state
1514
1 Conservation Department in 1966. He became
2 deputy commissioner of the Department in 1967
3 where he served until 1974, when he was
appointed
4 executive assistant to the state Parks
5 Commissioner;
6 WHEREAS, he is survived by his
7 wife Lorene and three sons, Leighton Hope, Jr.,
8 Peter Hope and Steven Hope; now, therefore, be
it
9 RESOLVED, that this legislative
10 body pause in its deliberations to mourn the
11 death of former state Senator, Leighton A. Hope,
12 distinguished citizen; and be it further
13 RESOLVED, that a copy of this
14 legislation, suitably engrossed, be transmitted
15 to Mrs. Lorene Hope.
16 ACTING PRESIDENT KUHL: Is there
17 any Senator wishing to speak on the resolution?
18 (There was no response.)
19 Hearing none, the question is on
20 the resolution. All those in favor signify by
21 saying aye.
22 (Response of "Aye".)
23 Oppose, nay.
24 (There was no response.)
25 The resolution is adopted.
1515
1 Senator Velella.
2 SENATOR VELELLA: Mr. President,
3 may we please take up Resolution 2847 by Senator
4 Volker. I ask that the title be read and move
5 its immediate adoption.
6 ACTING PRESIDENT KUHL: The
7 Secretary will read Resolution 2847, the title
8 only.
9 THE SECRETARY: By Senator Volker,
10 Legislative Resolution honoring St. Patrick and
11 all persons of Irish descent upon the occasion
of
12 the 1998 celebration of St. Patrick's Day.
13 ACTING PRESIDENT KUHL: Senator
14 Velella on the resolution.
15 SENATOR VELELLA: Mr. President,
16 on behalf of Senator Volker, that resolution is
17 open for all members to go on and will remain at
18 the desk, any member that wishes to go on it.
19 SENATOR PATERSON: Mr. President,
20 might I suggest to the Acting Majority Leader,
21 perhaps we put everyone on the resolution and
let
22 those who don't want to be on it, indicate,
23 because I would certainly like to be on the
24 resolution. Wouldn't you, Senator Velella?
25 SENATOR VELELLA: That's
1516
1 acceptable.
2 ACTING PRESIDENT KUHL: With your
3 permission, Senator Velella, we'll place all the
4 members as co-sponsors on Resolution Number
24...
5 excuse me, 2847, excepting those members who
6 indicate to the desk they do not wish to be on
7 the resolution.
8 The question is on the
9 resolution. All those in favor signify by
saying
10 aye.
11 (Response of "Aye".)
12 Opposed, nay.
13 (There was no response.)
14 The resolution is adopted.
15 Senator Stachowski, why do you
16 rise?
17 SENATOR STACHOWSKI: Mr.
18 President, on Resolution 2820, I would like to
19 open it up to everybody in the chamber. It's
the
20 resolution honoring Dominik Hasek, and I know
21 Mary Lou and Dale and George Maziarz and Nanula
22 wanted to be on it, so if anybody else would
like
23 to join in on sponsorship.
24 ACTING PRESIDENT KUHL: If anybody
25 else wishes to be on that resolution, please
1517
1 indicate to the desk.
2 Senator Velella, we have some
3 substitutions at the desk. Would you like to
4 take those up at the moment?
5 SENATOR VELELLA: We'll take those
6 up now.
7 ACTING PRESIDENT KUHL: The
8 Secretary will read the substitutions.
9 THE SECRETARY: On page 13,
10 Senator Meier moves to discharge from the
11 Committee on Aging, Assembly Print 4277-A and
12 substitute it for the identical Senate Bill
13 2588-A.
14 On page 13, Senator Farley moves
15 to discharge from the Committee on Labor,
16 Assembly Print 76 and substitute it for the
17 identical Senate Bill 1689.
18 On page 19, Senator Cook moves to
19 discharge from the Committee on Racing, Gaming
20 and Wagering, Assembly Print 8888 and substitute
21 it for the identical Senate Bill 6077.
22 ACTING PRESIDENT KUHL: The
23 substitutions are ordered.
24 Senator Velella, that brings us to
25 the calendar.
1518
1 SENATOR VELELLA: Mr. President,
2 before we proceed to the calendar, there will be
3 an immediate meeting of the Local Governments
4 Committee in Room 332.
5 ACTING PRESIDENT KUHL: Immediate
6 meeting -- immediate meeting of the Local
7 Governments Committee in the Majority Conference
8 Room, Room 332. Immediate meeting of the Local
9 Governments Committee in the Majority Conference
10 Room, Room 332.
11 Senator Velella.
12 SENATOR VELELLA: Mr. President,
13 at this time can we proceed to the reading of
the
14 non-controversial calendar.
15 ACTING PRESIDENT KUHL: The
16 Secretary will read the non-controversial
17 calendar.
18 THE SECRETARY: Calendar Number
19 88, by Senator Volker, Senate Print 887, an act
20 to amend the Criminal Procedure Law.
21 SENATOR GOLD: Lay it aside.
22 ACTING PRESIDENT KUHL: Lay the
23 bill aside.
24 THE SECRETARY: Calendar Number
25 140, by Senator Spano, Senate Print 882-A, an
act
1519
1 to amend the Penal Law, in relation to the crime
2 of criminal employment.
3 ACTING PRESIDENT KUHL: The
4 Secretary will read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the first day of
7 November.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 48.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 144, by Senator Libous, Senate Print 1914-A, an
16 act to amend the Penal Law, in relation to the
17 provision of large quantities.
18 ACTING PRESIDENT KUHL: The
19 Secretary will read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the first day of
22 November.
23 ACTING PRESIDENT KUHL: Call the
24 roll.
25 (The Secretary called the roll.)
1520
1 ACTING PRESIDENT KUHL: Senator
2 Libous to explain his vote.
3 SENATOR LIBOUS: Thank you, Mr.
4 President.
5 I'm pleased that again this piece
6 of legislation is passing this house and we have
7 worked for a number of years in trying to pass
8 this legislation to make the penalties stiffer
9 for those adults who are purchasing large
10 quantities of alcohol and providing it to those
11 individuals who are minors and underage. It is
a
12 problem that exists in every corner of our
13 state.
14 Earlier today at a press
15 conference I talked about the 17-year-old girl
16 from Long Island who drank 17 shots of Tequila.
17 They took her home. She died the next morning
18 from alcohol poisoning, or the young man in
19 Sidney, New York, who went to a keg party, was
16
20 years old and was found frozen to death outside
21 of his home.
22 These kinds of horror stories
23 happen every weekend in New York State. We have
24 pushed this bill through this house. It has
25 passed in many cases unanimously, and I am
asking
1521
1 today that our colleagues in the Assembly give
2 this a very, very serious look and urge them to
3 do the same.
4 ACTING PRESIDENT KUHL: Announce
5 the results.
6 THE SECRETARY: Ayes 48.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 160, by Senator Hannon, Senate Print 1496, an
act
11 to amend the Public Health Law.
12 SENATOR VELELLA: Lay it aside for
13 the day.
14 ACTING PRESIDENT KUHL: Lay the
15 bill aside for the day.
16 THE SECRETARY: Calendar Number
17 172, by Senator Trunzo, Senate Print 3368-A, an
18 act to amend Chapter 769 of the Laws of 1975.
19 ACTING PRESIDENT KUHL: The
20 Secretary will read the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
24 roll.
25 (The Secretary called the roll.)
1522
1 THE SECRETARY: Ayes 48.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 205, by Senator Maltese, Senate Print 1440, an
6 act to amend the Election Law, in relation to
7 political committees.
8 SENATOR LEICHTER: Lay it aside.
9 ACTING PRESIDENT KUHL: Lay the
10 bill aside.
11 THE SECRETARY: Calendar Number
12 257, by Senator Johnson, Senate Print 2684-B, an
13 act to amend the Insurance Law, in relation to
14 authorizing.
15 ACTING PRESIDENT KUHL: The
16 Secretary will read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 48.
23 ACTING PRESIDENT KUHL: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
1523
1 258, by Senator Velella, Senate Print 3883, an
2 act to repeal Section 4227 of the Insurance Law.
3 ACTING PRESIDENT KUHL: The
4 Secretary will read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT KUHL: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 48.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 259, by Senator Saland, Senate Print 4055, an
act
15 to repeal Section 334 of the Insurance Law.
16 ACTING PRESIDENT KUHL: The
17 Secretary will read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 48.
24 ACTING PRESIDENT KUHL: The bill
25 is passed.
1524
1 THE SECRETARY: Calendar Number
2 282, by Senator Maziarz, Senate Print 402, an
act
3 to amend the Criminal Procedure Law, in relation
4 to plea bargains.
5 ACTING PRESIDENT KUHL: The
6 Secretary will read the last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect on the first day of
9 November.
10 ACTING PRESIDENT KUHL: Call
11 the -
12 SENATOR LEICHTER: Lay it aside.
13 ACTING PRESIDENT KUHL: Lay the
14 bill aside.
15 THE SECRETARY: Calendar Number
16 291, by Senator Present, Senate Print 1773, an
17 act to amend the Economic Development Law.
18 ACTING PRESIDENT KUHL: The
19 Secretary will read the last section.
20 THE SECRETARY: Section 29. This
21 act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes 49.
1525
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 297, by Senator Holland, Senate Print 205, an
act
5 to authorize the Salvation Army Eastern
Territory
6 School for Officers.
7 ACTING PRESIDENT KUHL: The
8 Secretary will read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 49.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 300, by Senator Nozzolio, Senate Print 177-C, an
19 act to amend the Executive Law, the Penal Law
and
20 the Correction Law.
21 SENATOR LEICHTER: Lay it aside.
22 ACTING PRESIDENT KUHL: Lay the
23 bill aside.
24 THE SECRETARY: Calendar Number
25 314, by Senator Volker, Senate Print 3358-A, an
1526
1 act to amend the Alcoholic Beverage Control Law
2 and the Mental Hygiene Law.
3 ACTING PRESIDENT KUHL: The
4 Secretary will read the last section.
5 THE SECRETARY: Section 9. This
6 act shall take effect on the first day of
7 January.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 49.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 318, by Senator Farley, Senate Print 1684, an
act
16 to amend the Executive Law, in relation to
17 designation of August 7th as "Family Day".
18 ACTING PRESIDENT KUHL: The
19 Secretary will read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes 49.
1527
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 Senator Velella, that completes
4 the non-controversial reading.
5 SENATOR VELELLA: Proceed to the
6 controversial calendar.
7 ACTING PRESIDENT KUHL: The
8 Secretary will read the controversial calendar,
9 beginning with Calendar Number 88, Senate 887,
by
10 Senator Volker.
11 THE SECRETARY: Calendar Number 88
12 -- Calendar Number 88, by Senator Volker, Senate
13 Print 887, an act to amend the Criminal
Procedure
14 Law.
15 ACTING PRESIDENT KUHL: The
16 Secretary will read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 90th day.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 49.
23 ACTING PRESIDENT KUHL: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
1528
1 205, by Senator Maltese, Senate Print 1440, an
2 act to amend the Election Law, in relation to
3 political committees.
4 SENATOR LEICHTER: Explanation.
5 ACTING PRESIDENT KUHL: Senator
6 Maltese, an explanation of Calendar Number 205
7 has been requested by Senator Leichter.
8 SENATOR MALTESE: Mr. President,
9 this is an act to amend the Election Law in
10 relation to political committees making no
11 expenditures. It would not be necessary for
them
12 to file committee filings.
13 The purpose of the bill is to
14 reduce the number of filings filed by certain
15 political committees which do not make any
16 expenditures during a campaign.
17 The present law requires that all
18 committees which participate in an election
cycle
19 must make all the filings required for that
20 cycle, including the 32-day pre-general filing,
21 the 11-day pre-general filing and the 27-day
22 post-general day filing.
23 Some committees which only make
24 contributions and no expenditures on behalf of
25 the candidates make their contributions early in
1529
1 the year and do not participate in the election
2 following that point.
3 In cases where these committees
4 have reported their contributions during that
5 year, there is no need for them to continue
6 filing reports with the Boards of Election.
7 This law would allow the treasurer
8 of that committee to file a form following the
9 filing of their July 15th report indicating that
10 all the contributions that such committee will
be
11 making in that year had been reported on the
July
12 15th report and that they will be making no
13 further contributions during that year.
14 This bill would help alleviate the
15 large number of reports that are received by the
16 Board of Election which slow down the process of
17 both making it available to the public and
18 auditing these reports to ensure compliance with
19 the statutes.
20 ACTING PRESIDENT KUHL: Senator
21 Leichter.
22 SENATOR LEICHTER: Would Senator
23 Maltese yield, please?
24 ACTING PRESIDENT KUHL: Senator
25 Maltese, do you yield to a question? The
Senator
1530
1 yields.
2 SENATOR LEICHTER: Senator, let me
3 ask you, in those instances where a political
4 action committee makes no expenditures directly
5 in aid of a candidate but may spend money on
6 issue advertising, would they still be required
7 to file with the Board of Election under your
8 bill?
9 SENATOR MALTESE: Mr. President,
10 under the terms of my bill, I believe they would
11 not have to make any filing post their statement
12 that they do not plan to aid or assist in -- a
13 candidate in an election.
14 SENATOR LEICHTER: Senator
15 Maltese, as you know, we're getting -- we're
16 seeing more and more issue -
17 ACTING PRESIDENT KUHL: Senator
18 Leichter, excuse me. Are you asking the Senator
19 to continue to yield?
20 SENATOR LEICHTER: Yes, I am.
21 ACTING PRESIDENT KUHL: Senator
22 Maltese, do you continue to yield?
23 SENATOR MALTESE: Yes.
24 ACTING PRESIDENT KUHL: The
25 Senator continues to yield.
1531
1 SENATOR LEICHTER: As you know,
2 we're seeing more and more what's called issue
3 advertising, which nevertheless is very much
4 directly related to campaigns. I mean,
candidate
5 "X" who's, let's say taken a certain position on
6 gun control and while you may not mention his
7 name, if you want to support him, you may come
8 out with an issue piece which mirrors his
9 position on gun control. It may not be an
10 expenditure directly in aid of a candidate but
11 it's certainly something I think that the public
12 ought to know the expenditure is being made, and
13 my question to you is, is it wise, Senator, to
14 limit filing, to limit disclosure, to make the
15 process more closed as your bill inevitably
16 does?
17 I mean, if it was -- I could see
18 your bill, Senator, if it said -- if it makes no
19 expenditures, period -- no expenditures, period,
20 I think that's fine, but I think that where you
21 would allow expenditures still to be made in
22 political campaigns, although they're not
23 directly related to a candidate but they affect
24 the election, I think the public has a right to
25 know.
1532
1 SENATOR MALTESE: Mr. President,
2 I'm aware of the set of facts as put forth by my
3 good colleague, Senator Leichter.
4 The purpose of the bill was to
5 eliminate any of the filings pertaining to
6 contributions that would be made in the aid
7 election or defeat of a candidate. Mentioning
8 the defeat of a candidate, it would seem to me
9 would preclude the type of expenditures that
10 you're talking about.
11 The intent, of course, is to
12 reduce the number of filings. Your -- Senator
13 Leichter's statement as to no expenditures is
14 something that I seriously think should also be
15 passed, and I would expect that this is
something
16 that perhaps we can end up agreeing on.
17 In the meantime, this particular
18 bill, the intent is clear. Aid or take part in
19 the election or defeat of a candidate, and it
20 would seem to me that an -- based on case law,
it
21 would only be those expenditures that would be
22 within the purview of aiding or defeating a
23 candidate.
24 The type of expenditure that the
25 good Senator is speaking of, I guess would
depend
1533
1 on the content of the advertisements and how far
2 they go toward aiding in the victory or defeat
of
3 a candidate.
4 SENATOR LEICHTER: Mr. President,
5 if Senator Maltese would continue to yield,
6 please.
7 ACTING PRESIDENT KUHL: Senator,
8 do you continue to yield?
9 SENATOR MALTESE: Yes.
10 ACTING PRESIDENT KUHL: The
11 Senator continues to yield.
12 SENATOR LEICHTER: Senator, the
13 main reason you give for this bill is to lessen
14 the burden on the Board of Election in taking in
15 these financial filings and keeping the records.
16 Senator, isn't the easiest way to
17 do it to have a computerized system, which
18 unfortunately this house has not passed or
19 certainly hasn't passed a bill that was similar
20 to the one that was passed by the Assembly. Why
21 don't we really deal with the problem, which is
22 that we have an antiquated Board of Elections
and
23 a process that's totally dysfunctional? Why
24 don't you deal with it by putting out the bill
on
25 computerizing the records of the Board of
1534
1 Elections?
2 SENATOR MALTESE: Mr. President, I
3 was wondering how long it would take in this
4 discussion for Senator Leichter to come around
to
5 the computerization of the Boards of Election.
I
6 believe this house did, in fact, pass a bill
7 which dealt with the computerization of the
8 records of the Boards of Elections and certainly
9 we -- with the technical progress that has been
10 made, this is something that -- hopefully if the
11 Assembly and the Governor and the Senate would
12 agree, it's something that's going to be done
13 expeditiously and in the near future.
14 ACTING PRESIDENT KUHL: Senator
15 Leichter.
16 SENATOR LEICHTER: Let me just
17 thank my good friend for his answers which are
18 candid and straightforward as always and let me
19 speak on the bill.
20 ACTING PRESIDENT KUHL: Senator
21 Leichter on the bill.
22 SENATOR LEICHTER: This is not a
23 bill of any great moment which maybe is enough
to
24 damn it, because we're dealing in an area where
25 there is such a crying need for legislation.
Our
1535
1 campaign finance reporting system is a disgrace.
2 We're probably -- among all the states, we're
the
3 worst or we're near the bottom, and I look in
4 vain for bills to come out of the Election Law
5 Committee and when I see a bill, you know, I get
6 all excited. Wait a second. Maybe this is
going
7 to deal with soft money. Maybe it's going to
8 deal with computerization. Maybe it's going to
9 deal with campaign contribution limitations, but
10 all we get is something that charitably I
11 couldn't even call a molehill in dealing with
all
12 of the problems that we have.
13 So, Senator Maltese -- and I
14 realize it's an area where considering the make
15 up of the Legislature and how we function, the
16 committee chairman doesn't have as much latitude
17 as I frankly wish you had because I think if you
18 had the latitude, I think we would see some of
19 the bills that I'm talking about, because you
20 come from a party that was a minority party at
21 one time and you know how the Election Law
system
22 is set up to discriminate against independence,
23 insurgence. So I think that you have an
24 understanding and a feel for the problems.
25 Unfortunately, you can't put out
1536
1 some of the bills that I think are needed, but I
2 just really call in this house to understand and
3 appreciate the mess that our campaign finance
4 system is in and next Monday I'm going to be
5 moving some motions to discharge and give you
the
6 opportunity to let the public know whether
you're
7 for campaign finance reform or whether you want
8 to keep this disgraceful, almost corrupt system
9 in existence.
10 Having said that, I think there's
11 reasons to vote against this bill on its own
12 merits. As I pointed out in the debate with
13 Senator Maltese, we're lessening the reporting
14 requirement. Now, if a political action
15 committee makes no expenditures whatsoever,
there
16 probably is no reason to require it to make a
17 filing, but that's not how Senator Maltese has
18 limited that bill.
19 This bill states "Political action
20 committee that doesn't spend money in support of
21 a candidate, no expenditure will be made on
22 behalf of any candidate in that calendar year"
23 and if that's the case, then no filing needs to
24 be made, but I guess a filing could be made. In
25 fact, as I read this, Senator Maltese -- I don't
1537
1 know whether you directed it -- suppose you make
2 a filing to defeat a candidate? Suppose you
make
3 an issue advertise, as I said, which is -- may
4 have the purpose of helping a candidate, may
have
5 the purpose of defeating a candidate. It may
not
6 under the strict language of this bill fall
7 within the purview of what action requires that
8 you make a filing. I just think that's wrong.
I
9 think we ought to have as much sunshine as
10 possible. I think the public has a right to
know
11 how monies are expended by political action
12 committees.
13 So I would urge everyone to vote
14 against this bill.
15 ACTING PRESIDENT KUHL: The
16 Secretary will read -- Senator Cook on the bill.
17 SENATOR COOK: Mr. President, I'm
18 going to support Senator Maltese's bill, but I
19 think that Senator Leichter is flirting with a
20 very real problem and the problem that I would
21 cite are these phony educational committees that
22 send mailings into our district and tell people
23 that we have committed some awful crime by
voting
24 for some bill which we in good conscience have
25 supported and they have no -- they don't have to
1538
1 answer to anybody, and I think that frankly the
2 thing that we really ought to do is get those
3 people who are hiding behind that shield, making
4 believe that they're providing information to
the
5 public and they're really trying to undermine
6 members of the Legislature.
7 I think those are the ones that
8 really ought to be brought out into the open,
but
9 that bill isn't before us and I'm going to
10 support this bill.
11 ACTING PRESIDENT KUHL: The
12 Secretary will read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the first day of
15 January.
16 ACTING PRESIDENT KUHL: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT KUHL: Record the
20 negative and announce the results.
21 THE SECRETARY: Ayes 57, nays 1,
22 Senator Leichter recorded in the negative.
23 ACTING PRESIDENT KUHL: The bill
24 is passed.
25 Senator Holland.
1539
1 SENATOR HOLLAND: Mr. President,
2 there will be an immediate meeting of the
3 Education Committee in Room 332 of the Capitol.
4 ACTING PRESIDENT KUHL: There will
5 be an immediate meeting of the Education
6 Committee, an immediate meeting of the Education
7 Committee in the Majority Conference Room, Room
8 332.
9 Senator Gold, why do you rise?
10 SENATOR GOLD: To say hello, Mr.
11 President.
12 Mr. President, I'm sorry, but I
13 was distracted for a moment. Could I have
14 unanimous consent to be recorded in the negative
15 on the last bill so brilliantly debated by
16 Senator Leichter?
17 ACTING PRESIDENT KUHL: Without
18 objection, hearing no objection, Senator Gold
19 will be recorded in the negative on Calendar
20 Number 205.
21 The Secretary will continue to
22 read the controversial calendar.
23 THE SECRETARY: Calendar Number
24 282, by Senator Maziarz, Senate Print 402, an
act
25 to amend the Criminal Procedure Law, in relation
1540
1 to plea bargains.
2 SENATOR LEICHTER: Explanation.
3 ACTING PRESIDENT KUHL: Senator
4 Maziarz, an explanation has been requested by
5 Senator Leichter on Calendar Number 282.
6 SENATOR MAZIARZ: Thank you very
7 much, Mr. President.
8 Mr. President, this act amends the
9 Criminal Procedure Law to require defendants
10 charged with a sex felony offense to enter into
a
11 plea bargain to plea to at least a sex felony.
12 One of the major problems with the
13 criminal justice system, I believe, is that
14 defendants charged with a sex felony offense
are,
15 for a variety of reasons, allowed to plead
guilty
16 to a non-sex offense. They are not treated as
17 sex offenders. They are not required to undergo
18 sex offender treatment or sex offender
19 evaluations. They are released into the
20 community without notification, although I
21 believe there is a great likelihood that they
22 will re-offend.
23 This law, if enacted, would place
24 another protection on the books in favor of the
25 victims of sexual offenses by not allowing the
1541
1 perpetrator to cop a plea for something less
than
2 a sexual offense.
3 ACTING PRESIDENT KUHL: Senator
4 Leichter.
5 SENATOR LEICHTER: Mr. President,
6 would Senator Maziarz yield, please?
7 SENATOR MAZIARZ: Surely, Mr.
8 President.
9 ACTING PRESIDENT KUHL: The
10 Senator yields.
11 SENATOR LEICHTER: Senator,
12 yesterday we passed a very similar bill that was
13 sponsored by Senator Skelos. Could you tell us
14 how your bill differs from his? Are you
covering
15 an area that his bill didn't cover or is this
16 something of an overlap?
17 SENATOR MAZIARZ: I'm not as
18 familiar with Senator Skelos' bill as I am with
19 this one, Senator, but I know that this one was
20 referred to my office by the -- I believe the
21 Attorney General's office.
22 ACTING PRESIDENT KUHL: Senator
23 Leichter.
24 SENATOR LEICHTER: Well, Senator,
25 yesterday we did pass a bill that I think
covered
1542
1 much of the ground that your bill has covered
and
2 that bill, I think had a provision in there
3 which, I think made a lot of sense which is not
4 in your bill, and I want to address that.
5 That provision is that in
6 instances where the district attorney feels that
7 he doesn't have sufficient evidence to proceed
8 with an indictment based on a criminal offense -
9 a sexual offense, that he can apply to the court
10 and with the court's permission he can reduce
the
11 charges. I think I'm quoting it correctly.
12 My concern is -- and I want you to
13 address that -- is that in many of these
14 prosecutions for sexual crimes, the proof is
very
15 hard to come. In some instances the victims are
16 unwilling or unable to testify because of the
17 traumatic thing and district attorneys, knowing
18 that they will have a very difficult time in
19 proceeding to trial, have, therefore, entered
20 into plea bargains in some instances where the
21 offense charged will not involve a sexual crime
22 because they know that unless they do that, that
23 perpetrator is going to walk, and your bill, as
I
24 read it, really doesn't protect the public. It
25 doesn't deal with those instances where a
1543
1 district attorney feels that because of the
2 evidence that's available to him or her, that
3 it's necessary to reduce the charges.
4 Could you address that?
5 SENATOR MAZIARZ: I disagree,
6 Senator Leichter. I think that it does give the
7 leeway to the district attorney. I think it
just
8 doesn't give him as much leeway and that the
9 defendant, whose attorney, I'm sure would do the
10 best job possible for him, is only going to have
11 available to him this -- to plead in the area of
12 a sexual offense.
13 SENATOR LEICHTER: Senator, you
14 know, you may say -- if you would continue to
15 yield, please.
16 ACTING PRESIDENT KUHL: Senator
17 Maziarz -
18 SENATOR MAZIARZ: Yes, I do.
19 ACTING PRESIDENT KUHL: -- do you
20 continue to yield? The Senator continues to
21 yield.
22 SENATOR LEICHTER: Senator, they
23 may say it gives him the latitude, but show me
24 where in the bill it gives him the latitude
where
25 it has a provision similar to the one that was
in
1544
1 Senator Skelos' bill. Can you show that to me?
2 SENATOR MAZIARZ: No, Senator, I
3 don't have Senator Skelos' bill in front of me.
4 SENATOR LEICHTER: Because it
5 doesn't exist. No, show it to me in your bill.
6 SENATOR MAZIARZ: Senator, I think
7 it still gives the district attorney the
8 latitude. It's just a more clearly defined area
9 that they must plead to a sexual offense so that
10 the evaluation that the defendant pleads to can
11 -- he can be given the necessary treatment and
12 also and most importantly for my reasoning,
13 Senator, is that the community would be notified
14 upon this individual's release from prison.
15 SENATOR LEICHTER: Senator -
16 ACTING PRESIDENT KUHL: Senator
17 Leichter.
18 SENATOR LEICHTER: -- if you would
19 continue to yield.
20 SENATOR MAZIARZ: I do.
21 ACTING PRESIDENT KUHL: The
22 community would only be advised if the person is
23 convicted, but if you're forcing the district
24 attorney to proceed under charges that the
25 district attorney can't proof, you're not
1545
1 protecting the community. You're endangering
the
2 community. Isn't that a fact?
3 SENATOR MAZIARZ: Well, no, that
4 is not a fact.
5 SENATOR LEICHTER: Senator
6 Maziarz, if you'll be so good as to continue to
7 yield.
8 ACTING PRESIDENT KUHL: Senator
9 Maziarz, do you continue to yield?
10 SENATOR MAZIARZ: Yes.
11 ACTING PRESIDENT KUHL: The
12 Senator continues to yield.
13 SENATOR LEICHTER: Has the
14 District Attorney's Association supported your
15 bill?
16 SENATOR MAZIARZ: No, I don't
17 believe that -- I don't believe that they've
18 issued a memo in support or in opposition.
19 SENATOR LEICHTER: All right. Has
20 any district attorney come and said to you, This
21 is a good bill. This will strengthen my hand in
22 dealing with sexual perpetrators?
23 SENATOR MAZIARZ: I did send this
24 bill to two of the three district attorneys -
25 two of the three counties that I represent, the
1546
1 district attorneys who represent those counties
2 and both of them indicated that they thought it
3 was a good bill.
4 SENATOR LEICHTER: Well, then
5 you've answered my question and I thank you.
6 SENATOR MAZIARZ: Thank you.
7 SENATOR LEICHTER: I believe, well
8 intentioned as this bill is -- and all of us
9 certainly very much are in support of efforts
10 that would strengthen the hand of district
11 attorneys in proceeding against people who have
12 committed sexual crimes, but there are times
when
13 a plea bargain is of great benefit to the
14 public.
15 I happen to think that most of our
16 elected district attorneys, if not all of them,
17 take their job seriously, try to protect the
18 public and they're not going to plead down a
19 sexual offense to a non-sexual offense unless
20 they feel there's good grounds for it, namely
21 that they cannot proceed to prove the sexual
22 offense, and if you force them to go to trial on
23 the sexual offense, when the district attorneys
24 don't have the proof because maybe the victim is
25 unwilling or incapable of testifying, then all
1547
1 you're doing is forcing the D.A. to go to trial
2 in what will result in an acquittal and that
3 perpetrator is going to walk. It's of no
benefit
4 whatsoever. Plea bargaining is an important
tool
5 in effective law enforcement. It's effective in
6 all sorts of crimes, including crimes of a
sexual
7 nature.
8 So much well intended as this bill
9 is, I think it will have the opposite effect.
It
10 will actually lead to more sexual offenders
being
11 released because you're going to force the
12 district attorney to go to trial in situations
13 where the D.A. is not going to be able to
14 prevail. I don't think you help law enforcement
15 by tying the hands of the district attorneys in
16 the way that you do it.
17 I had some other problems with the
18 Skelos bill, but at least it recognized that
19 problem and provided a process whereby the
20 district attorney could go to court and say, I
am
21 changing this particular indictment and allowing
22 -- or allowing the defendant to plead guilty to
23 a crime that's a non-sexual crime and to put it
24 on the record, and that makes sense. That
25 protects the public.
1548
1 Your bill, I think does the
2 opposite. I'm sorry.
3 ACTING PRESIDENT KUHL: Is there
4 any other Senator wishing to speak on the bill?
5 (There was no response.)
6 Hearing none, the Secretary will
7 read the last section.
8 THE SECRETARY: Section 4. This
9 act shall take effect on the first day of
10 November.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT KUHL: Record the
15 negatives and announce the results.
16 SENATOR GOLD: Mr. President.
17 ACTING PRESIDENT KUHL: Senator
18 Gold to explain his vote.
19 SENATOR GOLD: Mr. President, -
20 Mr. President, I am rising on a matter of
21 justice. I don't think it's fair for Senator
22 Leichter to always be in the boat alone. The
23 fact of the matter is, Mr. President, that as
24 usual, Senator Leichter makes sense and as
usual,
25 Senator Maziarz has the right intention and we
1549
1 just shouldn't be bullying ahead all the time.
2 The fact of the matter is that
3 there are some district attorneys who have let
it
4 be known they won't plea bargain anything and
5 there was a big outrage in the city of New York
6 when one district attorney said that they would
7 do that and the bottom line is the furor went
8 away and the D.A. runs his office. So there's
9 nothing to stop district attorneys in these
kinds
10 of cases from refusing to plea bargain now past
a
11 certain point, but if this becomes law, you're
12 going to have situations where district
attorneys
13 are going to have to resubmit cases to grand
14 juries because, of course, it's the only way I
15 guess you could get out of it and you're going
to
16 be doubling the work of the district attorneys.
17 So since yesterday we did vote yes
18 for a bill similar to this, since I have to make
19 a choice, I would rather see the bill which
gives
20 some discretion to the judge and on the advice -
21 I want you to know aside from Senator Leichter,
I
22 have researched this with one of the great
23 authorities in the state and Senator Masiello
24 also tells me that I should vote no on this.
25 ACTING PRESIDENT KUHL: Senator
1550
1 Gold will be recorded in the negative. Announce
2 the results.
3 THE SECRETARY: Those recorded in
4 the negative on Calendar 282 are Senators Gold,
5 Kuhl and Leichter. Ayes 55, nays 3.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 300, by Senator Nozzolio, Senate Print 177-C, an
10 act to amend the Executive Law, the Penal Law,
11 the Correction Law and the Mental Hygiene Law.
12 SENATOR LEICHTER: Explanation.
13 ACTING PRESIDENT KUHL: Senator
14 Nozzolio, an explanation of Calendar Number 300
15 has been requested by Senator Leichter.
16 SENATOR NOZZOLIO: Thank you, Mr.
17 President.
18 Mr. President, my colleagues, the
19 measure before us is called the Sex Offender
20 Community Safety Act which is intended to
21 declare, first of all, that the heinous and
22 violent crimes resulting in severe emotional and
23 physical trauma are significant and that in
24 certain perpetrators of those crimes,
25 unfortunately we see too much recidivism. That
1551
1 recidivism is something that needs to be
2 recognized, monitored and what we achieve by
this
3 measure is lifetime supervision of those who
have
4 committed certain sex offenses and very violent
5 criminal acts.
6 ACTING PRESIDENT KUHL: Senator
7 Leichter.
8 SENATOR LEICHTER: Yeah. Mr.
9 President, if Senator Nozzolio would yield,
10 please.
11 ACTING PRESIDENT KUHL: Senator
12 Nozzolio, do you yield to a question from
Senator
13 Leichter?
14 SENATOR NOZZOLIO: Yes, Mr.
15 President.
16 ACTING PRESIDENT KUHL: The
17 Senator yields.
18 SENATOR LEICHTER: Senator, I
19 think it makes good sense to have lifetime
parole
20 for those people who commit heinous offenses. I
21 have no problem with that. I want to ask you
22 some questions about whether you're supplying
the
23 resources for it, but you and I are on the same
24 page as far as that goes, but you've included
25 among the offenses that are going to require
1552
1 lifetime parole misdemeanors. Isn't that true?
2 SENATOR NOZZOLIO: The designated
3 sexual offenses means any one or more of the
4 felonies defined in Subdivision 1 of Section 3
of
5 the bill and that the intentions here are to
6 certainly ferret out those very serious
7 offenses. We're talking felonies here, Senator.
8 I'm not sure where you extrapolated a
9 misdemeanor.
10 SENATOR LEICHTER: Well, one of
11 the offenses that you've included is
12 imprisonment, I think it's in the third degree,
13 which is a misdemeanor. That would be locking
up
14 somebody or involuntarily detaining them if the
15 person was under the age of 17 without in any
16 other respects harming them, that's a crime;
it's
17 an offense, but it's a misdemeanor.
18 SENATOR NOZZOLIO: Kidnapping is a
19 misdemeanor, Senator? I don't believe so.
20 SENATOR LEICHTER: If it's -
21 yeah. Let me -- just bear with me.
22 SENATOR NOZZOLIO: Particularly
23 kidnapping of a minor, Senator? I don't think
24 so.
25 SENATOR LEICHTER: Senator, it's
1553
1 -- let me -- let me -- it's in those instances
2 -- one of the provisions -- and I will find it
3 in a minute -- not kidnapping but unlawful
4 detention, Senator, which happens to be a
5 misdemeanor. Let me ask you this: Did you
6 intend to include misdemeanors within the
7 provision of this section?
8 SENATOR NOZZOLIO: Senator, this
9 bill is designed to focus our Criminal Law upon
10 victims and as such, stated on lines 12 and 13
of
11 page 2, that when there are kidnapping offenses
12 and the victim of such kidnapping or related
13 offense is less than 17 years old, yes, Senator,
14 that that very likely leads to an individual
15 perpetrating a sexual offense and that, yes,
16 particularly on someone as young as underage,
17 that that is something that we believe is
18 appropriate.
19 SENATOR LEICHTER: Senator, let's
20 deal -- let's now deal with the specific
section.
21 ACTING PRESIDENT KUHL: Senator
22 Nozzolio -- excuse me, Senator Leichter.
23 Senator Nozzolio, would you
24 continue to yield?
25 SENATOR LEICHTER: Would you
1554
1 continue to yield, please?
2 SENATOR NOZZOLIO: Yes, Mr.
3 President.
4 ACTING PRESIDENT KUHL: The
5 Senator continues to yield.
6 SENATOR LEICHTER: Now, if you
7 take a look on page 2, line 11, one of the
8 offenses which is included with your bill is
9 Section 135.05. Is that correct?
10 SENATOR NOZZOLIO: Yes, sir.
11 SENATOR LEICHTER: Okay. Let me
12 read to you Section 135.05. "A person is guilty
13 of unlawful imprisonment in the second degree
14 when he restrains another person. Unlawful
15 imprisonment in the second degree is a Class A
16 misdemeanor." That means if you lock up some
17 18-year-old playing around, lock a 17-year-old
in
18 a room in a school against her will, that's
19 unlawful imprisonment in the second degree.
It's
20 a misdemeanor, and are you saying those
offenders
21 should then be subject to lifetime parole or
22 lifetime -- yeah, lifetime parole?
23 SENATOR NOZZOLIO: Mr. President,
24 I'll answer Senator Leichter this way. If the
25 perpetrator of that hypothetical that Senator
1555
1 Leichter lists for us was not 18 years old but
55
2 years old, was a male who was detaining a
3 three-year-old or a five-year-old girl in a
4 position of imprisonment, Senator, I think that
5 certainly the circumstances would change
6 dramatically in terms of the spirit provided
7 behind your hypothetical.
8 As I say, Senator, we want to give
9 prosecutors the tool and our correction system
10 the tool to deal with those types of variables.
11 I think it would be up to the courts, the
12 district attorneys, to others to look at those
13 particular instances that you reference, sir.
14 That's what our justice system is all about.
15 18-year-old, 17-year-old, the facts will bear
out
16 whether or not this is appropriate for the
17 individual convicted, sir, but I think that
18 nonetheless, those hypotheticals that you put
19 forward with a few age changes and a few facts
20 changes could dramatically change the
21 circumstance even though the conviction may only
22 be under a statute describing a misdemeanor,
that
23 misdemeanor could very likely lead to a felony
24 that creates a lifetime scar on the victim of
25 that crime.
1556
1 SENATOR LEICHTER: Senator, if you
2 would be so good as to continue to yield.
3 ACTING PRESIDENT KUHL: Senator
4 Nozzolio, do you continue to yield?
5 SENATOR NOZZOLIO: Yes, Mr.
6 President.
7 ACTING PRESIDENT KUHL: The
8 Senator continues to yield.
9 SENATOR LEICHTER: Your job and
10 mine is to draft legislation, to make it
precise,
11 to cover the situations that we feel require
12 certain law enforcement actions and we're not
13 dealing here with giving any powers to the
14 district attorneys or prosecutors because that
15 bill doesn't deal with it.
16 We are identifying for the public
17 and for law enforcement officials those crimes
18 that we believe are so serious and so heinous
19 that we are now going to subject the offender to
20 lifetime parole, and as I said to you, there are
21 certainly some crimes -- rape is one, certain
22 sodomy, and so on, yes, and particularly if
23 committed on a young person, subject that
24 offender to lifetime parole, but maybe in your
25 zeal to write an all-encompassing bill, I'm
1557
1 trying to point out to you that you've included
2 offenses are that are misdemeanors.
3 Now, they're still offenses. They
4 ought to be punished, but I'm suggesting to you
5 that it doesn't make sense to me to say that
6 somebody who engaged in lawful imprisonment
7 that's deemed to be a Class A misdemeanor under
8 Section 135.05 of the Penal Law, the prosecutors
9 determined this is a misdemeanor. It's not a
10 significant crime. Now that person's going to
be
11 subject to lifetime parole and the state is
going
12 to be subject to the obligation, the expense of
13 lifetime parole for somebody who was convicted
of
14 a misdemeanor? I'm just suggesting to you that
15 you might want to change the bill and take out
16 that provision because I don't think that's the
17 nature of the crime that justice lifetime
18 parole.
19 SENATOR NOZZOLIO: Mr. President,
20 in final response to this concerned Senator, my
21 reaction is certainly your comments are noted,
22 but again, we're looking at the victim here and
23 the victim, we're not saying someone convicted
of
24 this crime for an individual who is other than
25 the victim, focuses on the victim and the victim
1558
1 under 17 years old, certainly in the
circumstance
2 you have described, I think you could see how
3 that conduct, dealing with an underage person,
4 would, in fact, demonstrate certain
5 characteristics of behavior that are not
6 acceptable, are extremely dangerous and could
7 very well exhibit the very tendencies that we're
8 trying to prevent here.
9 SENATOR LEICHTER: Mr. President,
10 on the bill. Thank you very much, Senator
11 Nozzolio.
12 ACTING PRESIDENT KUHL: Senator
13 Leichter on the bill.
14 SENATOR LEICHTER: I think if
15 we're dealing with a serious crime, if we're
16 dealing with those sort of character traits and
17 that sort of offense and affront to societal
18 standards, it's not going to be a Class A
19 misdemeanor and I'm just suggesting that it
20 doesn't make sense to subject somebody to Class
21 -- who's been convicted of a Class A misdemeanor
22 to lifetime parole. I mean, it's -- you know,
it
23 may be popular for us to say we're going to put
24 sexual offenders under lifetime parole, but I
25 think you've got to distinguish between serious
1559
1 offenses and justify that lifetime parole and
2 those that do not. Lifetime parole happens to
be
3 very expensive, but I think it's an expenditure
4 worthwhile to deal with it or apply it to those
5 instances where a serious offense has been
6 committed where the character of the offense,
the
7 character of the defendant is such that there's
8 going to be a societal benefit by having
lifetime
9 parole. If it's a misdemeanor, if it's locking
10 somebody into a room for an hour which is wrong
11 and may be a Class A misdemeanor, I wouldn't
12 subject that person to lifetime parole and I
13 wouldn't subject the taxpayers of the state of
14 New York to having to pay for lifetime parole
for
15 that individual.
16 I'm going to vote against the bill
17 just because I think it's -- it's just too
18 broadly drawn but, Senator Nozzolio, if you want
19 to limit it to really serious offenses, that's
20 fine. I'll support that bill, but I'm not going
21 to support something that I really don't think
22 makes sense.
23 ACTING PRESIDENT KUHL: Is there
24 any other Senator wishing to speak on the bill?
25 Senator Gold.
1560
1 SENATOR GOLD: Mr. President. Mr.
2 President.
3 ACTING PRESIDENT KUHL: Senator
4 Gold.
5 SENATOR GOLD: Thank you very
6 much.
7 Would Senator Nozzolio yield to
8 just one question?
9 ACTING PRESIDENT KUHL: Senator
10 Nozzolio, do you yield to one question?
11 SENATOR NOZZOLIO: Yes, Mr.
12 President.
13 ACTING PRESIDENT KUHL: The
14 Senator yields.
15 SENATOR GOLD: Senator, I'm
16 looking at a memorandum from the New York State
17 Parole Officers Association and if I can read -
18 and it's a very graphic looking memo. It says
19 "Keep parole strong. Be tough on crime, not
20 just sound it" and then it says "The simple fact
21 is New Yorkers cannot afford to risk public
22 safety by allowing dangerous felons to be
23 released unsupervised into our community" and
24 then it lists Senator Maltese's bill and your
25 bill.
1561
1 Don't you think, Senator, that -
2 and I'm somebody who appreciates your sincerity
3 on this issue and I mean that very seriously,
but
4 don't you think that we have really lost the
5 focus here? If the parole officers are
concerned
6 about dangerous felons unsupervised, and you are
7 too, don't you think we could make that little
8 itsy-bitsy amendment that Senator Leichter is
9 talking about so that we are not talking about
10 misdemeanors but we are focusing on these
11 dangerous felons?
12 SENATOR NOZZOLIO: Mr. President,
13 in response to Senator Gold's inquiry, I don't
14 believe that Senator Gold or Senator Leichter
15 appreciate the fact that maybe the level of the
16 crime is a misdemeanor. When you discuss the
17 unlawful imprisonment of a young child, that may
18 exist for an hour or so in Senator Leichter's
19 hypothetical, but I can think of countless
20 hypotheticals where that crime would create a
21 scar that lasts a lifetime on the victim, and I
22 believe that this tool will help those who wish
23 to provide the lifetime supervision that a
24 perpetrator of a sex crime requires. I believe
25 that taken in isolation, that sex perpetrator is
1562
1 likely to be convicted of a number of different
2 offenses of which the misdemeanor violation
which
3 Senator Leichter characterizes would be the
4 lesser of all the offenses that a conviction
5 would warrant.
6 Senator, I don't doubt your
7 sincerity in raising this issue, but I believe
8 the statute is appropriate as presented.
9 ACTING PRESIDENT KUHL: Senator
10 Gold.
11 SENATOR GOLD: Yeah. Will the
12 gentleman yield to just one more question?
13 ACTING PRESIDENT KUHL: Senator
14 Nozzolio?
15 SENATOR NOZZOLIO: Yes, Mr.
16 President.
17 ACTING PRESIDENT KUHL: The
18 Senator yields.
19 SENATOR GOLD: Senator, there's no
20 doubt that sexual offenses leave a mark no
matter
21 what level they're at, but wouldn't you agree
22 that all offenses leaves some kind of a mark?
23 There's some people whose homes are broken into
24 and it leaves a mark. There's people whose
25 purses get snatched and it leaves a mark. Don't
1563
1 you think that every criminal act leaves some
2 kind of a mark?
3 My question -- and this is what
4 I'm getting at -- is that we have in the state
of
5 New York a sentencing structure. We do not say
6 that if you commit a crime in New York, you get
a
7 death penalty. You commit a crime in New York,
8 you get ten years. We have structures, because
9 this Legislature is smart enough and the people
10 in this room, including you and led by you, are
11 smart enough to make distinctions and all
Senator
12 Leichter is saying is that -- and by the way,
13 this bill has been before us before and it
passed
14 with a very large vote. Maybe one of the
reasons
15 it's not a law today is because the Assembly may
16 be pointing out the same thing to you -- I don't
17 know. I'm not in those negotiations, but all
18 Senator Leichter is saying is that -- Senator
19 Nozzolio, I don't know whether it's your Cornell
20 education or not, but you're on the right idea
21 here, but you're going too far and if we made
one
22 little cut, we would not be affecting the bad
23 guys. The bad guys would still be covered by
24 your bill, but we would be cleaning out some of
25 the system which doesn't belong there, and all
1564
1 I'm saying to you is, you know, as Senator
2 Marcellino is probably telling you, accept the
3 amendment and let's make it a better bill and go
4 from there. It still is going to be a Nozzolio
5 bill except maybe we can get it passed, question
6 mark.
7 ACTING PRESIDENT KUHL: Any other
8 Senator wishing to speak on the bill?
9 (There was no response.)
10 Hearing none, the Secretary will
11 read the last section.
12 THE SECRETARY: Section 11. This
13 act shall take effect on the first day of
14 November.
15 ACTING PRESIDENT KUHL: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT KUHL: Record the
19 negatives. Announce the results.
20 THE SECRETARY: Those recorded in
21 the negative on Calendar Number 300 are Senators
22 Leichter and Montgomery. Ayes 57, nays 2.
23 ACTING PRESIDENT KUHL: The bill
24 is passed.
25 Senator Holland.
1565
1 SENATOR HOLLAND: Mr. President,
2 can we return to reports of standing committees
3 and consider reports of the Local Governments
and
4 Education Committees, please.
5 ACTING PRESIDENT KUHL: We'll
6 return to the order of reports of standing
7 committees.
8 The Secretary will read the
9 reports of the Education and the Local
10 Governments Committees.
11 THE SECRETARY: Senator Rath, from
12 the Committee on Local Governments, reports:
13 Senate Print 461, by Senator
14 Larkin, an act to amend the Real Property Tax
15 Law;
16 528, by Senator Present, an act to
17 amend the General Municipal Law;
18 2514-A, by Senator Johnson, an act
19 to amend the Real Property Tax Law;
20 2848, by Senator Marcellino, an
21 act to amend the General Municipal Law;
22 3095, by Senator Seward, an act to
23 amend the Town Law;
24 3134, by Senator LaValle, an act
25 to amend the General Municipal Law;
1566
1 3479, by Senator Lack, an act to
2 amend the General Municipal Law;
3 3638, with amendments, by Senator
4 Rath, an act to amend the Town Law;
5 5125, by Senator LaValle, an act
6 to amend the Town Law;
7 5269-A, by Senator Stafford, an
8 act authorizing the town of Schroon;
9 6203, by Senator Leibell, an act
10 to amend the Real Property Tax Law;
11 6207, by Senator Volker, an act in
12 relation to authorizing.
13 Senator Cook, from the Education
14 Committee, reports:
15 Senate Print 334, by Senator
16 Skelos, an act to amend the Education Law;
17 366, by Senator Cook, an act to
18 amend the Education Law;
19 2884-A, by Senator Johnson, an act
20 to amend the Education Law.
21 3426-B, by Senator Cook, an act to
22 amend the Education Law; and
23 5961, by Senator Saland, an act to
24 authorize the payment of transportation.
25 All bills directly for third
1567
1 reading.
2 ACTING PRESIDENT KUHL: All bills
3 are ordered directly to third reading.
4 Senator Holland.
5 SENATOR HOLLAND: Is there any
6 housekeeping, Mr. President?
7 ACTING PRESIDENT KUHL: Senator
8 Montgomery, why do you rise?
9 SENATOR MONTGOMERY: Yes, Mr.
10 President. I would like unanimous consent to be
11 recorded in the negative on Calendar 314.
12 ACTING PRESIDENT KUHL: Without
13 objection, hearing no objection, Senator
14 Montgomery will be recorded in the negative on
15 Calendar Number 314.
16 Senator Holland.
17 SENATOR HOLLAND: Any further
18 housekeeping?
19 ACTING PRESIDENT KUHL: There is
20 none.
21 SENATOR HOLLAND: There being no
22 further business, I move we adjourn until
23 Wednesday, March 11th, at 11:00 a.m.
24 ACTING PRESIDENT KUHL: Without
25 objection, the Senate stands adjourned until
1568
1 tomorrow, Wednesday, March 11th, at 11:00 a.m.
2 (Whereupon, at 4:10 p.m., the
3 Senate adjourned.)
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