Regular Session - April 28, 2004
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NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 28, 2004
11:05 a.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please 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: In the absence of
clergy, may we each bow our heads in a moment
of silence.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Tuesday, April 27, the Senate met pursuant to
adjournment. The Journal of Monday, April 26,
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.
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Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Meier.
SENATOR MEIER: Thank you, Madam
President.
Madam President, I move that the
following bills be discharged from their
respective committees and be recommitted with
instructions to strike the enacting clause:
Senate 6123 and Senate 6209.
THE PRESIDENT: So ordered,
Senator.
Senator Skelos.
SENATOR SKELOS: Madam President,
are there any substitutions at the desk?
THE PRESIDENT: Yes, there are,
Senator.
SENATOR SKELOS: If we could make
them at this time.
THE PRESIDENT: The Secretary
will read.
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THE SECRETARY: On page 5,
Senator Fuschillo moves to discharge, from the
Committee on Consumer Protection, Assembly
Bill Number 10866 and substitute it for the
identical Senate Bill Number 6927, First
Report Calendar 831.
On page 8, Senator Johnson moves to
discharge, from the Committee on Tourism,
Recreation and Sports Development, Assembly
Bill Number 10002 and substitute it for the
identical Senate Bill Number 6333, First
Report Calendar 868.
And on page 13, Senator Golden
moves to discharge, from the Committee on
Social Services, Assembly Bill Number 2350 and
substitute it for the identical Senate Bill
Number 2223, First Report Calendar 919.
THE PRESIDENT: So ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
there's a Resolution 4706, by Senator
DeFrancisco, at the desk. Could we have it
read in its entirety and move for its
immediate adoption.
THE PRESIDENT: The Secretary
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will read.
SENATOR SKELOS: Madam President,
lay that resolution aside temporarily.
THE PRESIDENT: The resolution is
laid aside temporarily.
Senator Skelos.
SENATOR SKELOS: And if we could
now go to the noncontroversial reading of the
calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
147, by Senator Skelos, Senate Print 1015, an
act to amend the Family Court Act and the
Domestic Relations Law, in relation to
abandoned infants.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 10. This
act shall take effect on the 60th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
THE PRESIDENT: The bill is
passed.
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THE SECRETARY: Calendar Number
149, by Senator Saland, Senate Print 1913A, an
act to amend the Social Services Law, in
relation to abandoned infants.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 12. This
act shall take effect on the 60th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
199, by Senator Marchi, Senate Print 1884A, an
act to amend the Judiciary Law and the
Education Law, in relation to creating the
13th Judicial District.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
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THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
362, by Senator Golden, Senate Print 6047, an
act relating to constituting Chapter 35A of
the Consolidated Laws in Relation to the
Elderly.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 14. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator Golden,
to explain your vote.
SENATOR GOLDEN: On the bill,
Madam President.
THE PRESIDENT: You may proceed.
SENATOR GOLDEN: I am -- I'm
sorry, not on the bill, excuse me.
THE PRESIDENT: You may proceed
to explain your vote, Senator.
SENATOR GOLDEN: Thank you.
It is a quiet bill, and I thank the
conference and the Senators here -- and
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hopefully, God willing, the Assembly will also
pass this bill, and I think they will -- in
getting a responsible elder law here in the
State of New York so that we can codify and
bring all of these laws that pertain to
seniors around this state, the 3 million plus
seniors, that we have one statute to look at
that we can find the elder law throughout all
the different laws.
We have age groups here that are
amazing. We have the Section 536 of the
Executive Law, where the age of a senior is
60. And frail and disabled adults, the
person's age is 60. NORCs Advisory Committee
and Green Thumb, the age is 55. And EPIC is
65 years of age. And looking further afield,
in the Business Law a person is 65. And it
changes throughout.
And hopefully, in the future, we
can come underneath one law that describes
what an elderly person is here in this state.
And I thank my colleagues for
moving this bill and making it possible for us
to create an elder law here in the State of
New York.
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THE PRESIDENT: Senator Golden,
you will be so recorded as voting in the
affirmative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
431, by Senator Marcellino, Senate Print 761A,
an act to amend the Executive Law, in relation
to designating September 11th as "9/11
Remembrance Day."
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
432, by Senator Marcellino, Senate Print 762,
an act to amend the Executive Law, in relation
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to display of the flag on "9/11 Remembrance
Day."
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
708, by Senator Velella, Senate Print 6759, an
act to amend Chapter 831 of the Laws of 1981,
amending the Labor Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
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733, by Senator Rath --
SENATOR SKELOS: Lay it aside for
the day, please, at the request of the
sponsor.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
735, by Senator Morahan, Senate Print 5391, an
act to amend the --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
745, by Senator Kuhl, Senate Print 4907, an
act to amend the Highway Law, in relation to
cooperative agreements.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
THE PRESIDENT: The bill is
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passed.
THE SECRETARY: Calendar Number
758, by Member of the Assembly Cahill,
Assembly Print Number 9935, an act to amend
the Highway Law, in relation to the
designation of the "New York State Troopers
T. Michael Kelly and Kenneth A. Poormon
Memorial Highway."
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
797, by Senator Trunzo, Senate Print 1000, an
act to amend the Education Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the first of August.
THE PRESIDENT: Call the roll.
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(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
801, by Senator Volker, Senate Print 5556 --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
807, by Member of the Assembly DiNapoli,
Assembly Print Number 6065B, an act to amend
Chapter 143 of the Laws of 2002.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
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SENATOR SKELOS: Madam President,
if we could return to motions and resolutions,
there's a resolution at the desk, 4706, by
Senator DeFrancisco. If we could have it read
in its entirety and move for its immediate
adoption.
THE PRESIDENT: Motions and
resolutions.
The Secretary will read.
THE SECRETARY: By Senator
DeFrancisco, Legislative Resolution Number
4706, congratulating the Skaneateles Mite
Hockey Team and Coach John Miller upon the
occasion of winning the 2004 Skaneateles Youth
Hockey Mite Festival Tournament.
"WHEREAS, Excellence and success in
competitive sports can be achieved only
through strenuous practice, team play and team
spirit, nurtured by dedicated coaching and
strategic planning; and
"WHEREAS, Athletic competition
enhances the moral and physical development of
the young people of this state, preparing them
for the future by instilling in them the value
of teamwork, encouraging a standard of healthy
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living, imparting a desire for success and
developing a sense of fair play and
competition; and
"WHEREAS, It is the sense of this
Legislative Body to recognize and pay tribute
to those young people within the State of New
York who, achieving outstanding success in
athletic competition, have inspired and
brought pride to their friends, their family,
and their community; and
"WHEREAS, This Legislative Body is
justly proud to congratulate the Skaneateles
Mite Travel Hockey Team, which consists of 7-,
8-, and 9-year-olds who attend school in
either Skaneateles or Marcellus. Together,
they have captured the 2004 Skaneateles Youth
Hockey Mite Festival Tournament title; and
"WHEREAS, The 2004 tournament,
which was hosted by the Skaneateles Mite
Travel Hockey Team, attracted teams from
throughout Central and Western New York State.
The tournament was held on the weekend of
March 6-7, 2004; and
"WHEREAS, As the result of team
seeding, the Skaneateles Mite Travel Hockey
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Team drew an especially challenging tournament
schedule. To qualify for the championship
round, Skaneateles had to defeat talented
teams from Lysander, Rochester and Amherst.
Skaneateles proved that they were able to rise
to that challenge; and
"WHEREAS, Once having qualified for
the championship game, Skaneateles then took
to the ice against Valley, a team from
Syracuse that had earned a reputation for
playing a fast and physical game; and
"WHEREAS, The first period ended in
a scoreless tie, the result of outstanding
saves by goal tender Danny Sakal of the
Skaneateles Mite Travel Hockey Team; and
"WHEREAS, In the second period,
Team Captain Tyler Stanton put the puck in the
net for the first Skaneateles score. An
unassisted goal by the Valley meant the second
period ended in a 1-1 tie; and
"WHEREAS, When the third period got
underway and the end of regulation time was in
sight, the Skaneateles Mite Travel Hockey Team
rallied and clearly became the dominant team.
A goal was scored by Tyler Stanton with an
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assist from Justin Miller, another goal was
scored by Jake Lilly with assists from Tyler
Stanton and Justin Miller, and a third goal
from Ty Strods was more than Valley could
overcome. Skaneateles emerged with a victory
and a final score of 4-2; and
"WHEREAS, While the above-named
skaters were those who scored, hockey is a
team sport, and no team can achieve success
without every member doing their best; and
"WHEREAS, Other team members all
contributed and excelled throughout the
season, as well as during the tournament, and
they include Thomas Bronk, who proved his
worth as a utility player on offense, on
defense, and in the goal; Tyler Haberstock,
known as 'The Missile,' for the speed at which
he accomplished transitions from offense to
defense; Connor Hill, who forced opponent
turnovers throughout the season; defenseman
Connor O'Hara, who developed a keen sense of
reading and reacting to the opponents'
offense; Erik Pola, who earned a reputation
for error-free play on defense; Alex Weiss,
who will be remembered for the key goals he
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scored during the tournament against Rochester
and Amherst; and Max Weiss, who developed into
an important anchor for the team's defense;
and
"WHEREAS, Upon completion of the
tournament, the Skaneateles Mite Travel Hockey
Team can rightfully and proudly boast a season
record of 30 victories, just nine losses, and
four ties; and
"WHEREAS, The athletic talent
displayed by this team is due in great part to
the efforts of Coach John Miller and his
assistant coaches -- Jeff Bronk, Bob Stanton,
and Rich Stanton -- who together are skilled
and inspirational tutors, respected for their
ability to develop potential into excellence;
and
"WHEREAS, The many successes
realized this year by the Skaneateles Mite
Travel Hockey Team would not have been
possible without the never-ending
encouragement and support of parents, friends,
family, and the community at large; and
"WHEREAS, In addition to their
excellence on the ice, members of the 2004
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Skaneateles Mite Travel Hockey Team are known
off the ice for being responsible members of
their community, for their studies, and for
their sense of good sportsmanship, thereby
demonstrating to themselves and to others that
they have an enviable combination of talent
and character which reflects favorably upon
them, their families and their communities;
now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to
congratulate the Skaneateles Mite Travel
Hockey Team on their successful season,
overall team record, and capture of the
Skaneateles Youth Hockey Mite Festival
Tournament; and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to the members of the Skaneateles Youth Hockey
Mite Travel Team and Coach John Miller."
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Thank you,
Madam President. I rise to congratulate the
Skaneateles Mite Hockey Team, who got here
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just in time, just in time for this
resolution. And they're standing up now.
I just want to tell them very
briefly that the people you're playing with
now are going to be your friends forever.
You're going to remember this event, I'm sure,
for a long time. And the most important thing
not only is your athletic endeavors, but one
of the clauses in the resolution that talks
about how well you're doing as far as your
studies and your leadership in the
community -- as much leadership as you can
give as 7-, 8-, and 9-year-olds.
So congratulations, best of luck in
the future, and I hope you have a great day
here in Albany.
THE PRESIDENT: Senator Nozzolio.
SENATOR NOZZOLIO: Thank you,
Madam President.
I rise to congratulate the
Skaneateles hockey team and thank Senator
DeFrancisco for his leadership in recognizing
such a wonderful group of young people.
Next to them in the gallery are
neighbors in the gallery but also neighbors
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just down the road from them in Auburn, the
St. Peter and Paul School in Auburn. They're
students, administrators, faculty and parents
are here today. And I'm very pleased that
they were able to see firsthand the success of
their neighbors.
And I'm sure we can arrange a
hockey game just for -- maybe even Senator
DeFrancisco and I could witness and wager on
such a performance.
But we're glad that they're here,
and I'm very pleased that this great group of
young people could be with us today. And
congratulations again to the wonderful
performance of Skaneateles's hockey team.
Thank you, Madam President.
THE PRESIDENT: All in favor of
the resolution please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Congratulations.
Senator Skelos.
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SENATOR SKELOS: Madam President,
if we could go to the controversial reading of
the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
735, by Senator Morahan, Senate Print 5391, an
act to amend the Penal Law, in relation to
penalties for assault and manslaughter.
SENATOR SCHNEIDERMAN:
Explanation.
THE PRESIDENT: Senator Morahan,
Senator Schneiderman has requested an
explanation.
SENATOR MORAHAN: I'll be very
happy to give him one.
This bill amends the Penal Law,
which really enacts Mathis' Law. As proposed,
this bill would add a new crime of aggravated
assault, Section 120.02, to the Penal Law.
The person guilty of aggravated assault with
intent to cause physical injury to another
person, if he or she causes serious physical
injury to such a person or a third person, the
aggravated assault will be a Class E felony
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punished by up to four years in prison.
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. I'd like to thank the
sponsor for his explanation.
I believe there is an amendment at
the desk, and I'd like to waive its reading
and ask to be heard on the amendment.
THE PRESIDENT: The reading is
waived, and you may proceed on the amendment,
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you.
Senator Morahan's bill addresses
what is essentially a loophole in the current
criminal law. And it addresses a loophole
that has existed for some time. I intend to
support the bill.
But the purpose of the bill is to
deal with the fact that many times in the
state of New York people intend to cause
injury but in fact cause far more serious
injury than they intend. And there's no
additional punishment in the current Penal
Law.
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This amendment would add to the
bill that Senator Morahan is proposing today a
requirement that we take away the primary
vehicle by which physical injury becomes
serious physical injury, and that is the
plethora of guns that are not safely stored
throughout the state of New York. This would
add the "Safe Guns Storage Bill" to Senator
Morahan's legislation.
It is absolutely undisputed that
the failure to safely store guns results in
thousands of serious injuries and deaths every
year, that what could be a fistfight can turn
into a very serious assault, precisely the
type of thing Senator Morahan is seeking to
address in this legislation.
We need to have a requirement in
New York that guns are safely stored, that
guns are locked up, that they're kept away
from children, that they're kept away from
people who in a moment of anger can turn a
small assault into a deadly situation.
And this is a piece of legislation
that I talk about a lot because it's passed
the Assembly 11 years in a row. And I'm very,
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very sorry is that our house is the barrier to
a very common-sense bill that has overwhelming
support throughout the state of New York that
is the law in many other states.
Let's pass Senator Morahan's bill.
Let's see that crimes of violence are punished
appropriately. But let's also pass the safe
storage bill. And this bill, I think everyone
here has to acknowledge, will reduce the
number of incidents in which someone is
seriously injured in what could otherwise be a
minor altercation.
I urge that we accept this
amendment. I urge that before this session is
out, we pass the safe storage bill. And I
would encourage everyone to vote for this and
to vote for Senator Morahan's bill as well.
Thank you, Madam President.
THE PRESIDENT: Those Senators in
agreement with the amendment please signify by
raising your hands.
THE SECRETARY: Those recorded in
agreement are Senators Andrews, Breslin,
Connor, Diaz, Dilán, Duane, Hassell-Thompson,
L. Krueger, Montgomery, Onorato, Oppenheimer,
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Parker, Paterson, Sabini, Sampson,
Schneiderman, A. Smith, Stavisky.
THE PRESIDENT: The amendment is
lost.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55. Nays,
2. Senators Duane and Montgomery recorded in
the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
801, by Senator Volker, Senate Print 5556, an
act to amend the Mental Hygiene Law, the
Correction Law, and the Criminal Procedure
Law, in relation to civil commitment.
THE PRESIDENT: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President. I don't request an explanation,
but I would ask if the sponsor would yield for
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a question.
Oh, he's not here.
THE PRESIDENT: Senator Skelos,
we've been asked for an explanation or a --
you'd just like a question?
SENATOR MONTGOMERY: I'll just
speak on the bill.
THE PRESIDENT: All right,
Senator Montgomery, you may proceed on the
bill.
SENATOR MONTGOMERY: All right,
Madam President. I would have asked if there
were any changes in this legislation. I don't
believe there are. So I'll just say what my
concern is, continues to be about this
legislation.
We do not have a protocol that
specifically defines what is -- when a person
has been, so-called, cured of their problem.
It's a mental illness, I believe. And so we
treat them for the criminal aspect of it, but
we really do not have in the Corrections
Department the facility to treat people
whoever the mental illness of inappropriate
sexual behavior.
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So I think that to say that we're
now going to just lock them up for the rest of
their lives, without having a program which
specifically treats them as mentally ill
individuals in addition to the criminal
aspect, means that we're really giving a
lifetime sentence to people in this particular
category.
I think that this bill is
premature, as I have said in the past. I
think that we need to consider much more
carefully and thoroughly and completely what
it is that is involved with a person who
exhibits this behavior that we call sexual
predatory activity, and when that person may
or may not be cured. It may be not possible
to address it, but there is no way of doing
that right now.
So I'm going to vote no on this
legislation. I think that we should not be
giving a lifetime sentence to people when we
in fact don't really know how to treat them,
and so we're not really making a judgment that
is an educated judgment.
I'm voting no. Thank you.
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THE PRESIDENT: Senator
Fuschillo.
SENATOR FUSCHILLO: On the bill,
Madam President.
THE PRESIDENT: You may proceed.
SENATOR FUSCHILLO: I will
obviously be voting in favor of this. I want
to thank Senator Volker and Senator Hoffmann
for their leadership with this issue.
I recall back earlier this year
when America was watching CNN and C-SPAN and
they saw this angel, this little girl, this
Carlie Brucia, 11 years old, down in Florida,
who was lured away at a car wash. And they
had a video camera, and we saw the tape on TV.
And I look at this case, and I look
at this coward of a man -- I hate to even say
human being -- who preyed on this little girl,
who was arrested so many times prior, brutally
raped and murdered the girl.
And today we're joined in the
chambers by her father, Joe Brucia, and her
grandfather, Joe Brucia as well, who came
today to voice their support for this.
How many chances are we going to
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give people? We're too forgiving. Here's an
11-year-old girl I characterize as an angel.
Her face, beautiful. Her life was taken away
from her, a life so promising. And the
father's flying down to Florida, where she
lived with her mother, tomorrow to dedicate an
area at her elementary school in memory of
her, with a picture and one of her poems.
Look at what we're talking about:
A kid that was brutally raped and murdered. I
can't ever properly state my support more than
I do now as a member of this esteemed body,
and I ask all my colleagues to do so. You
know, Carlie can't speak anymore, but we can
do something very powerful today.
And the only question I have is why
not pass something like this, which is so
simplistic in nature, to protect the public.
I look at the eyes of the children above me
here. And we all want our kids to live long
and healthy lives. But we do have a
responsibility to protect them in this state,
to protect them throughout the nation. And
their Congresswoman who represents them where
Carlie lived is proposing this on a federal
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level.
I just don't understand the
forgiveness we give to criminals who prey on
little children, so cowardly. Lure them away.
Wow, big deal. Take somebody on your own size
and see what the results would be.
Mr. Brucia, I thank you from the
bottom of my heart on behalf of my children
for making the journey up here -- Mr. Brucia
is from my district -- getting up at 5:00 in
the morning and coming up here to hear the
discussion, lend your support for this.
And we do this in memory of Carlie.
And we hope that someday we will have a law
like this on the books where we will throw
away the key. Because they don't have a right
to walk out in society, because it's going to
happen again. And the history has shown that,
that it will happen again if we keep letting
them out of the jails.
Madam President, I will be voting
aye on this.
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Thank you,
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Madam President.
Just a couple of days ago, in
Syracuse, on the north side of the city in my
district, a young 5-year-old girl, Brittany
Fish, was abducted. Everyone responded, from
the neighbors to 911 to the police
departments. Every individual who could
possibly help helped in that situation.
And miraculously, within 24 hours,
she was found -- unfortunately, not unharmed.
All of the details aren't out yet, but we've
got a feeling that she was not treated
humanely during that period of time and there
may have been some type of sexual violence.
There are certain parts of this
bill that give me concern. But on the other
hand, there are sufficient safeguards, I
believe, in the bill for an individual who
would face this civil commitment to protect
that individual.
But the greater protection, as
Senator Fuschillo so eloquently mentioned, has
got to be for our children. And I feel very
strongly that this bill, despite some
technical issues I may have with it, its time
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has long come to be here at this point in
time -- not only to pass the Senate, but also
to pass the Assembly.
So I do support this bill, and in
the name of Brittany, in the name of
Mr. Brucia's daughter and every other victim
that hasn't had the benefit of keeping these
people off the street and protecting our kids.
Thank you, Madam President.
THE PRESIDENT: Senator Hoffmann.
SENATOR HOFFMANN: Thank you,
Madam President.
I rise in support of this bill.
And I would just like to offer, to some of my
colleagues who may be wondering about its
history, a little bit of background on what we
have done in recent years in this area and why
this is really the cornerstone of what needs
yet to be done to make New York State a safe
place.
It was many years ago when I asked
a Commissioner of Corrections what was
happening with the growing number of sex
offenders who were being sentenced under
New York law. At that time I had seen
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statistics that showed that we had increased
activities for treatment of offenders
sentenced on drug charges, but sex offenders
were also a growing category of inmates in our
criminal justice system and yet there appeared
to be no real awareness that they were somehow
different from the rest of the inmate
population.
And that began, for me, a many-year
study of what is happening not just in
New York -- or what was not happening in
New York -- but what other states were doing
to address the issue of sex offenders.
Sex offenders fall into several
different categories. There is no simple
explanation for why an individual becomes a
sex offender. And it is often very difficult
to ascertain how dangerous a sex offender
could ultimately become. We needed
information about what the history was on sex
offenders, whether there were treatment
options that could in fact provide some
behavior modification, and what type of
follow-up needed to be done upon release.
There's another very important
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element when one is talking about sex
offenders, and that's the fact that for the
child molester it is often very difficult to
have a criminal charge fit the crime, because
it is difficult for the children to
participate in the prosecution. And many
times, out of respect for the child's youth or
the trauma they've already experienced or for
the family's suffering, plea bargains are made
and sex offenders are sentenced to much lesser
charges than they should have received because
it would be too difficult or too painful for
that child to endure a retelling of the story
over and over again.
So what we have is a category of
individuals. The large category is called sex
offenders, but there are many different
subgroups within that. And some of them have
never been properly assessed for their true
mental state of mind and their potential,
because of abnormalities in their minds, to
create more and more crimes.
The only way that we can really
ensure that we have a safe society when it
comes to sex offenders is on a multipronged
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approach. First, they need to all be
sentenced as early as possible to a program
that requires treatment. Some of them, upon
treatment, will sometimes, with the use of
therapeutic drugs, some of them can become
relatively -- and I use the word
"relatively" -- safe to society upon release.
There has to be very careful
follow-up by the Department of Parole so that,
upon release, if continued treatment and
extremely close supervision takes place, we
have a higher level of comfort that they're
not going commit additional crimes.
This has required in New York State
dedicated caseloads for our parole officers,
advanced training for our parole officers, new
electronic information to be able to track
their activities.
But there is a category of sex
offender that defies any kind of supervision,
any kind of adequate parole structure, any
kind of therapeutic pharmaceutical help.
There is a category of sex offender that is
going to be clinically deemed to be so
dangerous to society -- the term is presenting
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a clear and present danger -- that this person
needs to be committed civilly upon completion
of the criminal sentence.
Now, the person is simply not
warehoused. I understand some of the concerns
raised by Senator Montgomery. And I caution
Senator Montgomery that within this very, very
complex piece of legislation, which, with our
fine print, reads 14½ pages, within this piece
of legislation there are many details spelled
out about the process by which the person is
deemed to be civilly committed and what
happens with that sex offender upon civil
commitment.
The person is going to be
reevaluated repeatedly. And should there be a
marked change in the risk the person poses to
society, there is the potential that the
individual could ultimately be released with
many conditions.
But it's very likely that in New
York State, if we pass this law that we have
been trying to pass in the Senate for years
and years, if we pass this law, every year
there will be a handful of individuals who
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will be subject to the civil commitment law,
just as there have been in the other states
where the law has been enacted.
And it is not an infringement on
the civil liberties of those individuals who
are committed. It is clearly defined how they
will be treated and monitored for any change
in their mental abnormalities. But the
important message that we have to send to the
people of this state is that we will hold them
indefinitely if they are going to present that
danger to the young children of this state.
It is high time that the Assembly
joined with us and passed this measure. The
Governor is prepared to sign it into law. We
are way behind the curve. I started
introducing this legislation in 1990. Eight
other states have now passed this law. There
is no reason why New York should be lagging
behind.
And I too want to thank the Brucia
family for their brave determination to turn
Carlie Brucia's life into an important legacy
of proper legal access. The right response
for all of us has to be today to pass this law
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in New York State.
Thank you, Madam President.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 12. This
act shall take effect on the first of January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator
Montgomery, to explain your vote.
SENATOR MONTGOMERY: Yes, Madam
President, I just would like to briefly
explain my vote.
I certainly agree with Senator
Hoffmann, and I think we share the same view
on this issue, how absolutely complex it is.
And certainly I think that this needs a lot
more study and understanding.
But the other part of what we can't
really deal with is the environment that
people have to live in, where water and
toothpaste and cars and furniture, everything
is sold with sex. And, you know, if anyone
has ever seen a Calvin Klein ad, you
understand how difficult it is to say to young
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people you should not care -- you should not
be sexual, sex is bad, when everything that we
encounter -- try getting on your computer and
not having a sex ad pop up in your face. And
this is available to children as well as
adults.
But we can't control that. What we
can do is be very, very careful and very clear
about what it is we're dealing with. This is
a very complex disease. And certainly I think
we should not vote to commit people for a
lifetime. It's going to overcrowd our
prisons, and we have no way of dealing with
it.
So I'm voting no not because I
don't care about criminals who are also sexual
predators, but I certainly do care about the
fact that we have a major problem in just
defining when does sex go from the normal
category into the abnormal and what do we do
about it.
Madam President, I will continue to
vote no. Thank you.
THE PRESIDENT: You will be so
recorded, Senator.
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The Secretary will announce the
results.
THE SECRETARY: Ayes, 58. Nays,
2. Senators Duane and Montgomery recorded in
the negative.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
controversial reading of the calendar.
SENATOR SKELOS: Thank you, Madam
President. Is there any housekeeping at the
desk?
THE PRESIDENT: Yes, there is,
Senator.
Senator McGee.
SENATOR McGEE: Madam Chairman,
on behalf of Senator Rath, on page number 48 I
offer the following amendments to Calendar
Number 733, Senate Print Number 3845, and ask
that said bill retain its place on Third
Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar, Senator
McGee.
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SENATOR McGEE: Thank you, Madam
President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
there being no further business to come before
the Senate, I move we stand adjourned until
Monday, May 3rd, at 3:00 p.m., intervening
days being legislative days.
THE PRESIDENT: On motion, the
Senate now stands adjourned until Monday,
May 3rd, 3:00 p.m., intervening days being
legislative days.
(Whereupon, at 11:46 a.m., the
Senate adjourned.)