Regular Session - May 2, 2000
2729
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 2, 2000
3:09 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
2730
P R O C E E D I N G S
THE PRESIDENT: The Senate will
come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: With us today is
Bishop Muriel Grant, to give the invocation.
The Bishop is with Mt. Olivet Discipleship in
Christ, in Brooklyn.
Your Excellency.
BISHOP GRANT: Let us pray.
May the infinite power of the
Almighty God abide with us at this time.
Bless, O Lord God, the President of these
United States, the governors of states, and
all others in authority. So rule the hearts
of Thy servants, granting them wisdom to
govern wisely so that we may effectively be
one nation under God, strengthened by Your
might, for in quietness and confidence shall
be our strength.
Bless this our land of heritage
2731
with industry and sound learning, and grant us
increase of produce and prosperity. Defend
our liberties and fashion us into one united
people, the multitudes brought hither out of
many kindreds and towns.
And now, most gracious God, in this
jubilee year I humbly beseech Thee for the
people of these United States in general, but
so especially for their Senate here assembled,
the Senate leader, Senators, Republicans and
Democrats.
O Lord God, bless this their
counseling session. Heal their infirmities,
direct and prosper all Senate consultations,
giving them wisdom of laws needed for their
effective leadership, for advancement of Thy
glory, the good of Thy church, the safety and
welfare of Thy people, that all things may be
so ordered and settled by their endeavors upon
the best and surest foundations for peace and
happiness, truth and justice, religion and
piety be established for us and for all
generations both now and forevermore.
This I beg, O God, for them, for
us, in the name of Jesus Christ, my most
2732
blessed Savior and Lord. And now, by the
power of God vested in me, may the blessings
of God the Father, the Son, the Holy Spirit,
rest and remain with you now and forevermore.
Amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, May 1st, the Senate met pursuant to
adjournment. The Journal of Sunday,
April 30th, was read and approved. On motion,
Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
2733
Madam President.
On behalf of Senator DeFrancisco,
on page number 7 I offer the following
amendments to Calendar Number 39, Senate Print
Number 550, and ask that said bill retain its
place on Third Reading Calendar.
THE PRESIDENT: The amendment is
received, Senator Fuschillo, and the bill will
retain its place on the Third Reading
Calendar.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Commerce, Economic Development, and Small
Business Committee in the Majority Conference
Room.
THE PRESIDENT: There will be an
immediate meeting of the Economic Development
and Small Business Committee in the Majority
Conference Room.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
On behalf of Senator Nozzolio, on
page 13 I offer the following amendments to
2734
Calendar Number 248, Senate Print Number
6282C, and ask that said bill retain its place
on Third Reading Calendar.
THE PRESIDENT: The amendment is
received, Senator, and the bill will retain
its place on the Third Reading Calendar.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could adopt the Resolution Calendar,
with the exception of Resolutions 3928 and
3976.
ACTING PRESIDENT MEIER: The
motion is to accept the Resolution Calendar,
with the exception of Resolutions 3928 and
3976. All those in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
Resolution Calendar, with exceptions, is
adopted.
Senator Skelos.
SENATOR SKELOS: Madam
2735
President -- no, Mr. President. Sorry.
ACTING PRESIDENT MEIER: Good
catch, Senator.
SENATOR SKELOS: May we please
take up Resolution 3928, by Senator Maziarz,
have it read in its entirety, and move for its
immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read Resolution 3928 in its
entirety.
THE SECRETARY: By Senator
Maziarz, Legislative Resolution Number 3928,
memorializing Governor George E. Pataki to
proclaim the week of May 1 through 5, 2000, as
Elder Abuse Awareness Week in New York State.
"WHEREAS, The millions of elder
citizens residing in the State of New York
have contributed to the general welfare of the
state by helping to preserve the customs,
convictions, and traditions of the many ethnic
backgrounds of the citizens of New York State;
and
"WHEREAS, The more than 3 million
residents of New York State considered to be
elder citizens are vital and integral members
2736
of our society. The wisdom and experience of
elder citizens have enriched the lives of
young people of our state; and
"WHEREAS, elder abuse in domestic
and institutional settings is a widespread
problem affecting hundreds of thousands of
elderly people across the country.
"It has been estimated that there
were over 1.8 million abused elders in the
United States in 1996. Estimates report that
elder abuse affects approximately 30,000 New
Yorkers every year; and
"WHEREAS, Because elder abuse is
still largely hidden under the shroud of
family secrecy, elder abuse is grossly
underreported. Elderly people who are being
abused find it very difficult to tell anyone;
they are usually ashamed and sometimes afraid.
"Only one out of 14 domestic elder
abuse incidents come to the attention of
authorities. The 30,000 domestic elder abuse
cases reported to state adult protective
service or aging agencies in New York
represent only the tip of the iceberg, and the
number of elder abuse cases is growing every
2737
year; and
"WHEREAS, Any elderly person may
become the victim of abuse; males and females
of any income level, any cultural or ethnic
group, persons in good health or persons
incapacitated in some way may be abused by
someone close to them. Elder abuse is not
only happening in poor neighborhoods, but also
in suburbia and in some of the most upstanding
families.
"The abusers can be anyone, but
they are most commonly family members with
whom the abused person is living. Studies
have estimated that over half the elderly
people reported to have been abused were
living with the persons who abused them.
"The physical abuse, mental
anguish, and financial exploitation which too
many elderly people are enduring diminishes us
as a civilized society; and
"WHEREAS, The legislators of New
York State have been studying and reviewing
this outrage and are determined to find a
solution that will provide increased
protection and services to the elder citizens
2738
of New York State; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to memorialize
Governor George E. Pataki to proclaim the week
of May 1 through 5, 2000, as Elder Abuse
Awareness Week in New York State; and be it
further
"RESOLVED, That a copy of this
resolution suitably engrossed, be transmitted
to the Honorable George E. Pataki, Governor of
the State of New York."
ACTING PRESIDENT MEIER: Senator
Maziarz.
SENATOR MAZIARZ: Thank you very
much, Mr. President.
I first of all want to invite all
of our colleagues in this body to sign this
resolution as cosponsors. And just very
briefly to encourage everyone to get the word
out about elder abuse, that it is of grave
concern to all people in the state of New
York, and that reporting it is not something
that anyone should be ashamed of.
I want to thank the representatives
that are here today from the AARP and from
2739
Statewide Senior Action Network and the other
groups who have come to this Capitol today
from around the state of New York to join us
in asking Governor Pataki to proclaim this
week as Elder Abuse Awareness Week.
Thank you very much, Mr. President.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Hoffmann.
SENATOR HOFFMANN: Mr. President,
Senator Maziarz would like to open up this
resolution for cosponsorship to all members.
If anyone does not wish to be on
this resolution, they should notify the desk.
ACTING PRESIDENT MEIER: All
members will be listed as cosponsors unless
they notify the desk to the contrary.
Senator Hoffmann.
2740
SENATOR HOFFMANN: May we please
take up Resolution 3976, by Senator Trunzo,
and may we please have the title read and move
for its immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read Resolution 3976.
THE SECRETARY: By Senator
Trunzo, Legislative Resolution Number 3976,
memorializing Governor George E. Pataki to
proclaim the week of May 8 through 12, 2000,
as School Transportation Personnel Week in the
State of New York.
ACTING PRESIDENT MEIER: Senator
Trunzo.
SENATOR TRUNZO: Mr. President,
this resolution honors and acknowledges the
thousands of school transportation
professionals who work so diligently to ensure
the safety of more than 2.2 million children
who ride in school buses every day in New York
State, by proclaiming the week of May 8
through the 12th, 2000, as School
Transportation Personnel Week.
As the chairman of the Senate
Transportation Committee, I wish to recognize
2741
and thank all of those dedicated individuals
for their hard work and professionalism and
dedication as they perform their vital role in
keeping our children safe.
There are a few of the members of
the school transportation profession in the
audience, which it's my pleasure to
acknowledge.
At the same token, I would like to
open the sponsorship of this resolution to all
members of the Senate.
Thank you.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Hoffmann.
SENATOR HOFFMANN: Senator Trunzo
has requested that the resolution be opened
for cosponsorship to all members.
2742
If anyone does not want to be a
sponsor, they should also notify the desk.
ACTING PRESIDENT MEIER: The
resolution is open for cosponsorship. Any
member not wishing to be on the resolution,
notify the desk.
Senator Hoffmann.
SENATOR HOFFMANN: At this time
may we please have the reading of the
noncontroversial calendar.
ACTING PRESIDENT MEIER: The
Secretary will read.
Senator Hoffmann, the desk informs
me that there are two substitutions. Could we
do those first.
SENATOR HOFFMANN: Please make
the substitutions at this time.
ACTING PRESIDENT MEIER: The
Secretary will read the substitutions.
THE SECRETARY: On page 4,
Senator Spano moves to discharge, from the
Committee on Civil Service and Pensions,
Assembly Bill Number 5616 and substitute it
for the identical Senate Bill Number 3067,
First Report Calendar 740.
2743
And on page 38, Senator Spano moves
to discharge, from the Committee on Health,
Assembly Bill Number 3573A and substitute it
for the identical Senate Bill Number 5415A,
Third Reading Calendar 715.
ACTING PRESIDENT MEIER:
Substitutions ordered.
Senator Hoffmann.
SENATOR HOFFMANN: Thank you, Mr.
President. Can we now have the reading of the
noncontroversial calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
201, by Senator Alesi, Senate Print 5213A, an
act to amend the Public Health Law, in
relation to mandatory reporting.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
245, by Senator Alesi, Senate Print 1512, an
act to amend the Correction Law, in relation
2744
to barring sex offenders.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
250, by Senator Skelos, Senate Print 12A, an
act to amend the Penal Law, in relation to
failure.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
253, by Senator Maziarz, Senate Print 652, an
act to amend the Criminal Procedure Law, in
relation to plea bargains.
ACTING PRESIDENT MEIER: Read the
2745
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54 -
excuse me. Ayes, 53. Nays, 2. Senators
Duane and Montgomery recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
256, by Senator Skelos, Senate Print 973A, an
act to amend the Penal Law, in relation to
sexual assault against a child.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
2746
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
258, by Senator Skelos, Senate Print 1017, an
act to amend the Criminal Procedure Law, in
relation to limited plea bargaining.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
259, by Senator Goodman, Senate Print 1122, an
act to amend the Penal Law, in relation to
concurrent and consecutive terms of
imprisonment.
ACTING PRESIDENT MEIER: Read the
last section.
2747
THE SECRETARY: Section 2. This
act shall take effect immediately.
SENATOR MONTGOMERY: Lay that
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
260, by Senator Volker, Senate Print 1592B, an
act to enact the Sexual Assault Reform Act of
2000.
SENATOR MONTGOMERY: Lay it
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
261, by Senator Volker, Senate Print 3790, an
act to amend the Criminal Procedure Law, in
relation to waiver of pre-sentence.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
2748
THE SECRETARY: Ayes, 54. Nays,
1. Senator Montgomery recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
531, by Senator Maziarz, Senate Print 810, an
act to amend the Penal Law, in relation to
creating definitions.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
558, by Senator Skelos, Senate Print 1015A, an
act to amend the Executive Law, in relation to
permitting parents of minors.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
2749
THE SECRETARY: Calendar Number
560, by Senator Larkin, Senate Print 5676A, an
act to authorize the Commissioner of the
Department of Transportation to transfer and
convey.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7.
SENATOR HOFFMANN: Lay it aside
for the day, please.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
598, by Senator Bruno, Senate Print 5874, an
act to amend the Highway Law, in relation to
certain bridges in the County of Saratoga.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
2750
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
668, by Senator Bonacic, Senate Print 3717, an
act to amend the County Law, in relation to
review and approval.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
700, by Senator Hannon -
ACTING PRESIDENT MEIER: Senator
Hoffmann.
SENATOR HOFFMANN: No.
ACTING PRESIDENT MEIER: No?
The Secretary will continue to
read.
2751
THE SECRETARY: Calendar Number
700, by Senator Hannon, Senate Print 6546, an
act authorizing the assessor of the County of
Nassau to accept an application.
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
Senator Hoffmann, that completes
the reading of the noncontroversial calendar.
SENATOR HOFFMANN: Thank you, Mr.
President. May we now have the reading of the
controversial calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
201, by Senator Alesi, Senate Print 5213A, an
act to amend the Public Health Law, in
relation to mandatory reporting.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Alesi, an explanation has been requested of
Calendar 201 by Senator Duane.
SENATOR ALESI: Thank you, Mr.
2752
President.
This bill would require mandatory
reporting of elder abuse for those physically
or mentally incapable of defending themselves
against physical or emotional abuse.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: If the sponsor
would yield, please.
ACTING PRESIDENT MEIER: Senator
Alesi, do you yield for a question?
SENATOR ALESI: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Thank you, Mr.
President.
I think this is an excellent bill
and it will go a long way to provide added
protections to a group of people who need it;
that is, mentally and physically incapacitated
persons.
I'm also pleased that this bill has
reporting requirements in it, which once again
proves that our state is able to capture
2753
reported crimes and to document them.
I did notice that on page 2, at
line 6, that the definition of abuse includes
verbal and mental intimidation. And I was
hoping the sponsor could give me an
explanation of what verbal and mental
intimidation means.
SENATOR ALESI: A fairly simple
English language interpretation of that would
be a victim who is abused verbally or
emotionally.
SENATOR DUANE: Through you, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: I'm wondering if
the sponsor would just expand on the
definition a little bit more.
ACTING PRESIDENT MEIER: Senator
Alesi, would you yield for a further question?
SENATOR ALESI: Someone who is
verbally abused is abused by someone talking
at them in an abusive way. Somebody who is
emotionally abused is being abused by someone
who has taken advantage of their emotionally
2754
weakened state.
Thereby, verbally and emotionally
abused.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT MEIER: Senator
Alesi, do you continue to yield?
SENATOR ALESI: I'd be happy to.
Thank you.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Does this include
that the perpetrator meant to verbally or
mentally intimidate, or does it also include
if the victim perceives that they are being
verbally or mentally intimidated? Either or
both?
SENATOR ALESI: Through you, Mr.
President. The bill is actually aimed at
those people who notice, witness, or suspect
by reasonable cause that there's an abusive
situation taking place.
And at least as far as it is aimed
at those who are elderly and are weakened,
2755
either physically or emotionally, they may not
even be in a position to perceive the abuse.
SENATOR DUANE: Thank you, Mr.
President. On the bill.
ACTING PRESIDENT MEIER: Senator
Duane, on the bill.
SENATOR DUANE: Thank you. I
plan on voting for this excellent bill.
However, I find that it's confusing
that while in this house we're willing to
provide special protections to a category or a
group of individuals who need assistance -
and by the way, in this case not only for
physical injury but also for verbal abuse -
but in this body we are unable to pass a hate
crimes bill which would provide protections to
real or perceived groups of people.
And to top that off, we only look
at serious physical injury when we look at the
hate crimes legislation, while the bill that
we're doing today -- and I approve of this -
also looks at the issue of verbal abuse as
well.
So while I'm happy that and I
believe we'll be passing this legislation
2756
today, and I will be voting for it, I still
certainly cannot understand why we can pass
this bill today and yet we are unable to bring
to the floor the hate crimes bill for a vote
as well.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
Senator Paterson.
SENATOR PATERSON: Mr. President,
if the sponsor would yield for a question.
ACTING PRESIDENT MEIER: Senator
Alesi, do you yield for a question from
Senator Paterson?
SENATOR ALESI: I'd be happy to.
Thank you.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Senator, you
seem to set up an immunity for health care
professionals and people who would offer this
information.
And I can certainly understand the
need to protect people who come forward. But
it seems to be a blanket immunity. And we
2757
have a memo from the Trial Lawyers
Association. I think that it's a point worth
looking at.
I just wanted you to comment on it,
because otherwise the overwhelming need for
your legislation prevails on us. And I think
that we all want to vote for it. I just
wanted to know if you thought that perhaps in
negotiation with the Assembly or that kind of
thing we might take another look at that
clause relating to the immunity that is
established for workers that would expose this
type of abuse.
SENATOR ALESI: Mr. President,
I'd be happy to yield. I always enjoy my
dialogue with the Senator.
Unfortunately, there was some
conversation behind me and I really didn't get
all the question. With all due respect,
Senator.
ACTING PRESIDENT MEIER: Senator
Paterson, Senator Alesi wishes you to repeat
the question.
Could I ask members who are in the
chamber if you have a need to have a
2758
conversation to kindly take it outside.
I'd also ask staff to refrain from
conversation during debate.
Senator Paterson.
SENATOR PATERSON: I'm sorry, Mr.
President. It's very difficult for me to
repeat the question because the conversation
caused me to be unable to hear it myself.
SENATOR ALESI: We see ear to
ear, then, on that, Senator.
SENATOR PATERSON: Mr. President,
my question is that in this legislation
Senator Alesi grants a -- what's seeming to me
a blanket immunity for health care
professionals and certain individuals who
would work with those who would be prospective
victims.
And while we would want to protect
those who would blow the whistle on abuse, do
you think that we need a blanket immunity such
that if someone were to make a false report
there'd be no way to confront them legally?
SENATOR ALESI: Senator -
through you, Mr. President -- I believe that
the immunity is defined as someone who is
2759
making a good faith effort to report an
incident. And a good faith effort certainly
would not include someone who was filing a
false report, and therefore they would be
covered under other sections of the law for
making false reports.
ACTING PRESIDENT MEIER: Read the
last section.
Senator Paterson, are you
surrendering or do you want to be recognized?
SENATOR PATERSON: I'm
surrendering, Mr. President.
(Laughter.)
ACTING PRESIDENT MEIER: All
right. Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
2760
245, by Senator Alesi, Senate Print 1512, an
act to amend the Correction Law, in relation
to barring sex offenders.
SENATOR PATERSON: Explanation.
I'm back.
ACTING PRESIDENT MEIER: Senator
Alesi.
SENATOR ALESI: Would you be kind
enough to place a sponsor star on this bill,
please.
ACTING PRESIDENT MEIER: A
sponsor star will be placed on Calendar 245.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
259, by Senator Goodman, Senate Print 1122, an
act to amend the Penal Law, in relation to
concurrent and consecutive terms of
imprisonment.
SENATOR MONTGOMERY: Explanation.
SENATOR SKELOS: Lay it aside
temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
2761
260, by Senator Volker, Senate Print 1592B, an
act to enact -
SENATOR SKELOS: Lay it aside
temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
531, by Senator Maziarz, Senate Print 810, an
act to amend the Penal Law, in relation to
creating definitions.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Maziarz, an explanation has been requested of
Calendar 531 by Senator Duane.
SENATOR MAZIARZ: Thank you very
much, Mr. President. I'll be happy to provide
an explanation.
This piece of legislation was
suggested by the New York State District
Attorneys Association Elder Abuse
Subcommittee, which was chaired by the
District Attorney of Kings County, Charles
Hynes.
This bill amends sections of the
2762
Penal Law to include the crime of financial
exploitation of the elderly, by amending the
larceny section of the Penal Law. The bill
defines the terms "mentally disabled" and
"mentally incapacitated" within statute.
It also amends the Penal Law, which
defines a wrongful taking, to include thefts
by defendants who know or have reason to know
that the victim suffers from a mental
disability or incapacity.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: If the sponsor
would yield, please.
ACTING PRESIDENT MEIER: Senator
Maziarz, do you yield for a question?
SENATOR MAZIARZ: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Thank you, Mr.
President.
Are there already laws on the books
that make it illegal to wrongfully take
2763
someone's property?
SENATOR MAZIARZ: Yes.
SENATOR DUANE: If there are
already laws on the books, then what exactly
does this bill do?
SENATOR MAZIARZ: This bill, as I
stated, amends the Penal Law to define a
wrongful taking to include thefts by
defendants who know or have reason to know
that the victim suffers from a mental
disability or incapacity.
SENATOR DUANE: And so there are
new categories -- if the sponsor would
continue to yield.
SENATOR MAZIARZ: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor continues to yield.
SENATOR DUANE: New definitions
of terms "mentally disabled" and "mentally
incapacitated" are contained in the
legislation?
SENATOR MAZIARZ: Yes.
SENATOR DUANE: Thank you, Mr.
President. On the bill.
2764
ACTING PRESIDENT MEIER: Senator
Duane, on the bill.
SENATOR DUANE: Again, I think
this is an excellent bill that protects a
group of people, has enhanced protection for
elderly and mentally disabled people.
But again, I fail to understand why
we can pass this legislation and yet we are
unable even to bring to the floor a vote on
the hate crimes bill, which does nothing more
than to add special protections from physical
injury for groups of people or people who are
perceived to be members of a group of people.
I just think it's absolutely wrong
that we will vote on this bill and the earlier
bill from today and yet we have no opportunity
to debate and vote on hate crimes legislation.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
2765
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
558, by Senator Skelos, Senate Print 1015A, an
act to amend the Executive Law, in relation to
permitting parents.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Skelos, an explanation has been requested of
Calendar 558 from Senator Duane.
SENATOR SKELOS: Mr. President,
if I could, this legislation would require
that at any time a minor has a claim that they
have been aggrieved by an unlawful
discriminatory practice involving sexual
harassment, that the parent or -- parent,
parents, or legal guardian of such minor
should be notified so they can participate in
any proceedings.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: If the sponsor
2766
would yield.
ACTING PRESIDENT MEIER: Senator
Skelos, do you yield?
SENATOR SKELOS: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: I notice that
this is an amended print of a bill that we
voted on last year. I'm hoping the sponsor
could tell me what the changes are between
last year and this year's bill.
SENATOR SKELOS: Well, looking at
my print, it does not have an "A" next to it,
so I would say it's not amended.
Normally, Senator Duane, if you
have an amendment, there's a letter next to
it.
SENATOR DUANE: Through you, Mr.
President. The bill that was put on my desk
has an "A."
SENATOR SKELOS: Pardon me?
SENATOR DUANE: The bill that was
put on my desk has an "A."
SENATOR SKELOS: I could have the
2767
wrong bill, but let me just check that.
SENATOR DUANE: Through you, Mr.
President -
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR SKELOS: I stand
corrected. It has been amended.
SENATOR DUANE: Through you, Mr.
President. I just -- I want to mention, I
actually -- because it's not that lengthy a
bill, I did notice what the change is. It's
actually not a big deal.
SENATOR SKELOS: The subdivision
number has been changed.
SENATOR DUANE: Right. So thank
heavens for that momentary break so that I
could check that out.
Anyway, through you, Mr. President,
if the sponsor will continue to yield.
ACTING PRESIDENT MEIER: Senator
Skelos, do you yield?
SENATOR SKELOS: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
2768
SENATOR DUANE: Although I'm an
honest person: I have to say it was staff
that pointed it out to me and that I actually
did not do it myself. I cannot tell a lie.
Anyway, if the sponsor would
continue to yield.
SENATOR SKELOS: Yes.
SENATOR DUANE: The bill mentions
that a parent, parents, or legal guardian must
be notified and permitted to be present during
a sexual harassment case. And while I agree
that an adult should be present for such a
proceeding, I believe that the -- there are
instances when the best interests of the child
might be better served by having someone other
than the parent, parents, or legal guardian
there.
For instance, a child may prefer to
have a counselor or -- you know, a guidance
counselor or a teacher or even a clergy member
present for the interview.
I'm wondering if the sponsor
believes that those people are excluded as the
adult who could be in on the interview.
SENATOR SKELOS: I could almost
2769
give you the unamended answer that I gave to
you last year, that I feel that it should be
the parent or the legal guardian or parents
that should be informed and be part of that
proceeding.
SENATOR DUANE: And I actually
have another question which I'm not sure I
even asked last year. Which is in, for
instance, a divorce, if the parents are
involved in divorce proceedings, would the
child get to decide between the custodial or
the noncustodial parent?
SENATOR SKELOS: Parents. That
would be plural.
SENATOR DUANE: Through you, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Skelos, do you continue to yield?
SENATOR SKELOS: And I believe
you did ask the question last year.
But I would have both parents be
notified.
SENATOR DUANE: Through you, Mr.
President. Would the child get to decide
which parent?
2770
SENATOR SKELOS: Would the
child -
SENATOR DUANE: Get to choose
whether they want -
SENATOR SKELOS: No. No. The
law would require the parent, parents -
SENATOR DUANE: The custodial
parent.
SENATOR SKELOS: -- or legal
guardian be notified.
SENATOR DUANE: Thank you, Mr.
President.
Thank you.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect in 30 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
2771
700, by Senator Hannon, Senate Print 6546, an
act authorizing the assessor of the County of
Nassau to accept an application.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Hannon, an explanation has been requested of
Calendar 700 by Senator Duane.
SENATOR HANNON: Yes. This is a
bill that would, as many others like it, grant
the right to a not-for-profit to get a tax
exemption as of the date it acquired a certain
piece of property and not have to have waited
for the next roll to take effect.
Subsequent to the period for which
this bill applies, the subject tax-exempt
organization has already been granted
tax-exempt status. So this applies just
basically to a limited period of time.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: If the sponsor
would yield, Mr. President.
ACTING PRESIDENT MEIER: Senator
Hannon, do you yield for a question?
2772
SENATOR HANNON: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Do we have a home
rule message on this?
SENATOR HANNON: These do not
require a home rule message.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT MEIER: Senator
Hannon, do you continue to yield?
SENATOR HANNON: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Is there a fiscal
impact note?
SENATOR HANNON: No, there isn't
a fiscal impact memo. But there is an
estimate by the not-for-profit that this is
something that would cost about $65,000.
SENATOR DUANE: Thank you.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
2773
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: I'm
sorry, Senator Dollinger.
SENATOR DOLLINGER: Just to
explain my vote, Mr. President.
ACTING PRESIDENT MEIER: Senator
Dollinger, to explain his vote.
SENATOR DOLLINGER: Mr.
President, I continue to vote no against these
tax exemptions that come through for Nassau
County. I continue to urge some kind of
statewide bill that would provide the kind of
relief that the sponsor here, in diligent
pursuit of his constituent responsibilities,
brings to us.
But I'm concerned that we're
starting to look more like the Tax Assessment
and Abatement Board in Nassau County than we
are like the State Legislature. This is
probably the eighth or tenth one of these that
we've done this year. And although I
2774
appreciate the difficulties that they may have
in Nassau County and the need to get these
exemptions, we just keep doing these special
bills time and time and time again.
A statewide bill that would give
everybody in this state, if it's
not-for-profit, that meets the tax filing
date, some way to get a pro rata share of
their taxes abated or to be reduced seems to
me to make good sense. But as long as we
continue to do it in this helter-skelter
fashion, I just think it's the wrong thing to
do.
I'll continue to vote no on these,
Mr. Chair, with the hope that my colleagues
from Nassau County will come forward with a
statewide bill, or even if it's a bill just
for the -- given the peculiarities of Nassau
County, where they can deal with these one at
a time as they deem appropriate.
ACTING PRESIDENT MEIER: Senator
Dollinger will be recorded in the negative.
Senator Hannon, to explain his
vote.
SENATOR HANNON: Notwithstanding
2775
the fact, Mr. President, that what I'm about
to say will probably encourage Senator
Dollinger, I want him to know that I do have a
statewide bill, because I think that is a fair
way to do it.
But it occurred to me that while
that was pending that I ought to at least
afford the folks in this case the same type of
representation that others have brought for
their not-for-profits. And that's why I'm
putting this forward.
And so we will try to address this
in a more systematic way, since that probably
is the most fairest way to deal with it. But
until then, this bill ought to be passed
because it would then be fair to the
individuals involved.
Thank you.
ACTING PRESIDENT MEIER: Senator
Hannon will be recorded in the affirmative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 57. Nays,
1. Senator Dollinger recorded in the
negative.
2776
ACTING PRESIDENT MEIER: The bill
is passed.
The Secretary will continue to read
in regular order.
THE SECRETARY: Calendar Number
259, by Senator Goodman, Senate Print 1122, an
act to amend the Penal Law.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President, to explain my vote on this bill.
ACTING PRESIDENT MEIER: Well -
SENATOR MONTGOMERY: I would like
to just -
ACTING PRESIDENT MEIER: Senator
Montgomery, if you're going to explain your
vote, let me do the roll call and then we'll
recognize you immediately.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
2777
Montgomery, to explain her vote.
SENATOR MONTGOMERY: All right.
I just -- the -- my original request to have
the bill laid aside was because I did want to
just make a comment for the record on this
legislation.
We have already in law the ability
for a judge to sentence consecutively in these
cases. So I believe what Senator Goodman's
bill will do is remove that discretion from
the judge. And I just object to us continuing
to put forth legislation that essentially ties
the hands of the judiciary.
So I'm voting no on that. Thank
you.
ACTING PRESIDENT MEIER: Senator
Montgomery will be recorded in the negative.
Senator Duane.
SENATOR DUANE: Thank you, Mr.
President.
I just think it's bizarre, as I did
last year, that we are voting on this bill
separately from SARA, which I believe we're
about to vote on today. I believe that the
provisions of this bill would be better
2778
debated within the provisions that are
contained in SARA, and that they shouldn't be
separated out.
So, you know, whether I'm for this
or against this is, from my point of view,
beside the point. This really belongs as part
of the entire sexual assault package which we
will be voting on in just a few minutes.
So I'm going to vote no on this at
this time. Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Duane will be recorded in the negative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 56. Nays,
2. Senators Dollinger and Montgomery recorded
in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Excuse me. In
relation to Calendar Number 259, Senators
Duane and Montgomery recorded in the negative.
Ayes, 56. Nays, 2.
ACTING PRESIDENT MEIER: The bill
is passed.
2779
THE SECRETARY: Calendar Number
260, by Senator Volker, Senate Print 1592B, an
act to enact the Sexual Assault Reform Act of
2000.
SENATOR MONTGOMERY: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Volker, an explanation has been requested by
Senator Montgomery of Calendar 260.
SENATOR VOLKER: Mr. President,
this bill is a bill that's been on the
calendar and was recently amended. It's the
Governor's program bill on sexual assault
reform.
Since the Assembly has announced
that they are about to introduce their own
bill on sexual reform, which from the press
release and from what I understand appears to
be reasonably close to ours -- it has some
differences, but I am really confident. I had
a conversation, in fact, personally with the
Speaker. And I think there's a very good
chance that we're going to see this issue, the
sexual assault reform issue, come to a
fruition this year.
2780
This bill passed, I think, twice
last year. We did an amendment to it that
enhanced the ability of people, of victims, to
access to the Crime Victims Compensation
Board. It was a piece that wasn't in the
initial bill. I believe both of these, the
bill and the amended bill, passed, I think, 56
or 58 to nothing last year.
The prime differences in the bill
this year, by the way, aside from the fact
that it's Sexual Assault Reform of 2000
instead of '99, is that there's two prime
changes in this bill from previous years.
Number one, there's some
exclusions, because there was a number of
pieces relating to DNA in the old bill, and -
that is, the use of DNA in sexual assault
cases, which now is already law, given the
bill that -- and I was proud to be the sponsor
of it last year, the DNA bill that eventually
became law, the Governor's program bill last
year.
The second part of this bill is an
enhancement of some provisions in here that
relate to the date rape issue. It provides
2781
criminal penalties for the possession and sale
of flunitrazepam, also known as roofies, and
for another drug which I won't try to name -
it's GHB. It's gamma hydroxy butyrate acid,
whatever. These are two dangerous drugs.
And what we keep doing is -- and
we've added some language in here to deal with
the new drugs that seem to come just about
every year that deal with date rape. I'm sure
everybody realizes what this is about. This
is particularly a problem in some of our
college settings, where people are using these
new drugs to get people in a position where
they're unable to resist and therefore these
people are raped.
Now, technically it's rape, but
it's very difficult to prosecute in many of
these cases. And what this bill is designed
or this provision is designed to do is to deal
with that.
Let me just say that, very quickly,
that the -- some of the material that we've
put out said that there hasn't been any major
changes in 24 years. Well, I was proud that I
was part of those changes. But I must say
2782
that some of the provisions that we are
amending today are a lot older than 24 years.
Some of them are 60 or 70 years old.
I think some of you know that I led
one of the largest rape task forces in upstate
New York's history as a police officer many
years ago. It was one reason why I decided to
try to come here to deal with it, because it
was impossible, for instance, to get a rape 1
conviction, or virtually impossible.
Under the old law, which we changed
24 years ago, the corroboration statute -
and, by the way, within this bill is another
improvement in that issue of corroboration for
dealing with people who are mentally disabled,
because that has become a difficult issue in
some of these cases.
There's a series of issues in this
bill that are dealt with. The penalties are
increased. We provide a number of things that
will improve not only enforcement but the
treatment of people who are raped and sexually
assaulted and so forth.
So I think that this bill -- and -
is something I think whose time has come. And
2783
I would hope very much that before this year
is out we'll have an agreement with the
Assembly and it will be signed into law.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Right, Mr.
President. If Senator Volker would just yield
for a clarification question.
ACTING PRESIDENT MEIER: Senator
Volker, do you yield for a question?
SENATOR VOLKER: Sure.
Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR MONTGOMERY: Yes, Senator
Volker. I just want to be clear about in
every instance of a case where sexual abuse is
the charge, is there an automatic requirement
that a DNA examination be done?
SENATOR VOLKER: No, there's no
automatic requirement.
SENATOR MONTGOMERY: No matter if
it's requested?
SENATOR VOLKER: No, there's no
automatic requirement. But it's pretty -- and
2784
remember that DNA is now used in a great
number of cases. And obviously you cannot
necessarily compel someone who is charged, for
instance, to give up their DNA.
In fact there's bills, as you know,
that would compel someone to give a DNA sample
if they're arrested, but we've never passed
that. We've passed it upon conviction in a
number of cases, but we have not passed it
previous to that.
So the answer is no, but DNA is
always available today to deal with the issue
of guilt or innocence.
SENATOR MONTGOMERY: Okay. If I
can just ask it in another way, sort of the
same question.
In the case of rape, am I correct
to assume that it is automatic that the
hospital will make an investigation, an
examination, a rape -- put together a rape kit
of some sort?
SENATOR VOLKER: Well, we were
just talking that there are certainly rape
kits available.
But the investigation is part of
2785
the crime investigation, and that's why we
tell people that what they must do is -- and
having some experience in rape cases, we used
to believe that only one out of three or four
were actually reported. And obviously if
they're not reported, you can't investigate
them.
So the answer is are they
automatically investigated, no, because a
complaint has to be made before there's an
investigation.
But what this bill would do is to
provide better tools to deal with these kinds
of issues. And we would hope that we'll do
even more in the area to provide better
treatment and to provide better prosecutorial
ability and give people the confidence to
report that, so that we can make sure we get
these people off the streets.
SENATOR MONTGOMERY: Okay. If I
can pursue my question.
ACTING PRESIDENT MEIER: Senator
Volker, do you continue to yield?
SENATOR VOLKER: Sure.
ACTING PRESIDENT MEIER: The
2786
sponsor yields.
SENATOR MONTGOMERY: Okay, thank
you.
Senator Volker, I'm not absolutely
clear. Is -- in cases where there is a
report, there is a charge of rape, is the
victim required to give a DNA sample which is
available to be used by the defendant,
assuming that a person wants to defend
themselves in a rape case?
SENATOR VOLKER: No, there's no
requirement certainly that the victim must
give a sample, just as there's no requirement
absolutely that the defendant has to give any
sample, for DNA or anything else.
What generally happens in a rape
case is that there are cultures taken to
determine whether a person has been raped
or -- semen samples and things of that nature.
That's not DNA. That's part of the
evidentiary process that goes forth. But
there is nothing that compels that.
But that is part of the process on
which you prosecute and deal with these kinds
of crimes.
2787
SENATOR MONTGOMERY: All right,
just one last question.
ACTING PRESIDENT MEIER: Senator
Volker, do you continue to yield?
SENATOR VOLKER: Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR MONTGOMERY: Senator
Volker, I note that one of the sections of the
law deals with rape in the third degree as a
Class E felony.
SENATOR VOLKER: Right.
SENATOR MONTGOMERY: And in many
instances where there is something that
happens and it's only -- there are only two
people, but there's a witness, essentially,
and a person is charged with a rape, you know,
it's -- maybe they changed their mind at some
point and they decide this is a rape case, or
that I've actually been raped. You know, I
really didn't intend to do that; so now, as
far as I'm concerned, I was raped. You know,
I got into this before I thought about it.
What can we -- how do we determine
those kinds of cases that are extremely, you
2788
know, questionable, where -- you know what I
mean -- it's not absolutely clear that this
was in fact a rape case?
SENATOR VOLKER: Well, here's
the -- this is a criminal prosecution. It's
proof beyond a reasonable doubt, that they
must -- you must find them as guilty beyond a
reasonable doubt.
Frankly, if there's just, as so
often it is, two people, that's why you look
for physical evidence. And if you find no
physical evidence, it is a difficult case to
prove. And if there is any kind of evidence
that shows that the person did consent, then
obviously that's a defense to any prosecution.
It's an evidentiary issue.
And one of the main reasons why any
good law enforcement person will make sure
that they try to find physical evidence is,
very honestly, it's very difficult to convict
someone if you don't have any evidence other
than the word of an individual person.
You don't want to make that too
difficult, however. Because the old
corroboration rules meant that what happened
2789
is if you didn't have any evidence at all, you
couldn't really prosecute. And you don't want
that to happen.
So I think the answer is there's no
absolutely pat answer, but you still -- under
our law, the United States is the -- is a
country that you must prove beyond a
reasonable doubt someone's guilt. And that's
not easy to do. But that's because that's the
way our law is.
So you have to have evidence. And,
generally speaking, you need more evidence
than just if somebody says that person did
this. You have to prove it.
SENATOR MONTGOMERY: Thank you,
Senator Volker.
SENATOR VOLKER: You're welcome.
SENATOR MONTGOMERY: Mr.
President, on the bill.
ACTING PRESIDENT MEIER: Senator
Montgomery, on the bill.
SENATOR MONTGOMERY: Yeah. This
really is a -- you know, it's an extremely
complex issue, I think. And it's been dealt
with, I think for the most part, with a lot of
2790
thought and -- on both sides. People have
really tried to make it as fair as possible.
I just want -- I feel a sense of
caution about it because there have been
instances where people have spent very long
periods of time in prison. And the whole
issue of rape has been the center of a very
long period of extremely vicious attacks,
especially on African-American men, because
they were accused of rape.
And since we didn't really have, at
that period of time, any way of -- any
scientific way of determining guilt or
innocence, it was just automatically assumed
that by the word of one person, another person
was automatically assumed to be guilty.
We're beyond that now. But, by the
same token, we have not put into this
legislation or any other legislation an
affirmative requirement that in every case
where rape is charged there must be DNA made
available which would hopefully -- or some
proof be made available which would allow us
to ensure that persons accused of rape are in
fact guilty.
2791
We certainly don't want to see
someone sitting in prison for a long period of
time and then, after 18 or 20 years, some
committed lawyer comes along, a defense
attorney comes along, takes the case, somehow
is able to access the proof and, lo and
behold, the person is found to be innocent.
That's a tragedy.
So that was one of the reasons why
I wanted to ask those questions. It's why it
makes it very, very difficult for me to
support the legislation, even though I
understand there is an agreement and there
will be legislation.
But I certainly hope that in the
end we have a stronger defense mechanism,
i.e., to make sure that every single person
who is accused has access to information which
would help in a defense, assuming they may be
innocent.
Thank you.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
some of the points that Senator Montgomery
2792
makes are quite a propos to this discussion.
And it's taken a long time to craft
this bill, which Senator Volker was kind
enough to let me assist him. And I wanted to
thank him for really eight or nine years of
effort in trying to put a bill forth that
answers a lot of the issues that Senator
Montgomery and others have raised over the
years.
And perhaps, if this is a science
in addition to law making, there may even be
some further corrections that actually could
be made.
But I just wanted to point out that
many years ago I had asked Senator Volker if
we could examine this subject more fervently,
particularly in the area of child sexual abuse
where the victims are barred by the statute of
limitations, and we try to start addressing
some of those issues. Because the victims
quite often, because of their minor status,
are unable to in a sense be held to the same
standard that those who are in the majority
are.
And so over those years Senator
2793
Volker has been quite out front in his
leadership on this subject. We've had
hearings in Long Island, Buffalo, Syracuse,
New York City, and other places. And it's
just been a pleasure to be part of it. And I
wanted to thank him for his assistance.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 46. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Volker, why do you rise?
SENATOR VOLKER: No, no.
ACTING PRESIDENT MEIER: Oh. You
looked so intent, Senator Volker.
Senator Skelos, that completes the
controversial calendar.
SENATOR SKELOS: Mr. President,
would you please recognize Senator Paterson
for an announcement.
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ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Let's see.
Mr. President, there will be an immediate
conference of the Minority in the Minority
Conference Room, which is Room 314 in the
Capitol, directly after session.
Immediate conference of the
Minority for the Minority members. But if
you'd like to know what went on there, I would
be willing to share with you later in the
evening.
ACTING PRESIDENT MEIER:
Immediate conference of the Minority in the
Minority Conference Room after session.
Senator Skelos.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MEIER: No,
there is not.
SENATOR SKELOS: There being no
further business to come before the Senate, I
move we adjourn until Wednesday, May 3rd, at
11:00 a.m.
ACTING PRESIDENT MEIER: On
2795
motion, the Senate stands adjourned until
Wednesday, May 3rd, at 11:00 a.m.
(Whereupon, at 4:10 p.m., the
Senate adjourned.)