Regular Session - March 7, 2005
772
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 7, 2005
11 3:15 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR RAYMOND A. MEIER, Acting President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT MEIER: The
3 Senate will come to order.
4 May I ask everyone present to
5 please rise and join me in the Pledge of
6 Allegiance to the Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT MEIER: The
10 invocation will be offered by the Reverend
11 Peter G. Young.
12 REVEREND YOUNG: Thank you,
13 Senator.
14 Dear Lord, we ask Your presence and
15 Your blessings on this Senate chamber. We
16 have come to express our concern about the
17 welfare of our community and its constituents,
18 to learn from each other, to grow in spirit
19 and in character, to find Your will in our
20 lives and in our neighborhoods.
21 We thank You for the opportunity in
22 this Senate chamber to assemble ourselves at
23 any time and in any place to discuss our
24 concerns as citizens. We are mindful that
25 many in our world do not enjoy such freedom.
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1 Grant us the wisdom to carry out
2 Your decisions within Your will, and bless us
3 to continue to conduct our business with
4 dignity and sensitivity to all.
5 Amen.
6 ACTING PRESIDENT MEIER: Reading
7 of the Journal.
8 THE SECRETARY: In Senate,
9 Friday, March 4, the Senate met pursuant to
10 adjournment. The Journal of Thursday, March
11 3, was read and approved. On motion, Senate
12 adjourned.
13 ACTING PRESIDENT MEIER: Without
14 objection, the Journal stands approved as
15 read.
16 Presentation of petitions.
17 Messages from the Assembly.
18 Senator Schneiderman.
19 SENATOR SCHNEIDERMAN: Mr.
20 President, the Senate received a resolution
21 from the Assembly advising the members of the
22 Senate that the Senate and Assembly will meet
23 at noon tomorrow in the Assembly chamber to
24 elect Regents for the University of the State
25 of New York, pursuant to Section 202 of the
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1 Education Law.
2 ACTING PRESIDENT MEIER: Senator
3 Schneiderman, I'm informed by the Secretary
4 that we have received the communication and it
5 is filed in the Journal Clerk's office.
6 SENATOR SCHNEIDERMAN: Thank you,
7 Mr. President.
8 ACTING PRESIDENT MEIER: Thank
9 you, Senator Schneiderman.
10 Messages from the Governor.
11 Reports of standing committees.
12 Reports of select committees.
13 Communications and reports from
14 state officers.
15 Motions and resolutions.
16 Senator Skelos.
17 SENATOR SKELOS: Mr. President,
18 if we could go to the noncontroversial reading
19 of the calendar.
20 ACTING PRESIDENT MEIER: The
21 Secretary will conduct the noncontroversial
22 reading of the calendar.
23 THE SECRETARY: Calendar Number
24 49, by Senator Marcellino, Senate Print 769,
25 an act to amend the General Business Law, in
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1 relation to renewals.
2 ACTING PRESIDENT MEIER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 60th day.
6 ACTING PRESIDENT MEIER: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 41. Nays,
10 1. Senator Meier recorded in the negative.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 82, by Senator DeFrancisco, Senate Print 2148,
15 an act to amend the General Obligations Law,
16 in relation to the statutory short form.
17 ACTING PRESIDENT MEIER: Read the
18 last section.
19 THE SECRETARY: Section 5. This
20 act shall take effect on the first of January.
21 ACTING PRESIDENT MEIER: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 44.
25 ACTING PRESIDENT MEIER: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 86, by Senator Maziarz, Senate Print 977, an
4 act to amend the Workers' Compensation Law, in
5 relation to the direct deposit.
6 ACTING PRESIDENT MEIER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MEIER: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 44.
14 ACTING PRESIDENT MEIER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 94, by Senator Skelos, Senate Print 479, an
18 act to amend the Penal Law, the Executive Law,
19 and the Correction Law, in relation to
20 prohibiting.
21 ACTING PRESIDENT MEIER: Read the
22 last section.
23 THE SECRETARY: Section 4. This
24 act shall take effect on the first of
25 September.
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1 ACTING PRESIDENT MEIER: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 46.
5 ACTING PRESIDENT MEIER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 95, by Senator Skelos, Senate Print 480, an
9 act to amend the Penal Law, in relation to
10 sexual assault against a child.
11 ACTING PRESIDENT MEIER: Read the
12 last section.
13 THE SECRETARY: Section 5. This
14 act shall take effect on the first of
15 November.
16 ACTING PRESIDENT MEIER: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 46.
20 ACTING PRESIDENT MEIER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 98, by Senator Volker, Senate Print 878, an
24 act to amend the Criminal Procedure Law, in
25 relation to police officer statements.
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1 ACTING PRESIDENT MEIER: Read the
2 last section.
3 THE SECRETARY: Section 5. This
4 act --
5 SENATOR SCHNEIDERMAN: Lay it
6 aside.
7 ACTING PRESIDENT MEIER: The bill
8 is laid aside.
9 THE SECRETARY: Calendar Number
10 100, by Senator Balboni, Senate Print 932, an
11 act to amend the Penal Law, in relation to
12 increasing the criminal penalties.
13 ACTING PRESIDENT MEIER: Read the
14 last section.
15 THE SECRETARY: Section 12. This
16 act shall take effect on the first of
17 November.
18 ACTING PRESIDENT MEIER: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 46.
22 ACTING PRESIDENT MEIER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 103, by Senator Skelos, Senate Print 1170, an
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1 act to amend the Criminal Procedure Law, in
2 relation to the period of limitation.
3 ACTING PRESIDENT MEIER: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MEIER: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 48.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 104, by Senator Rath, Senate Print 1513, an
15 act to amend the Penal Law, in relation to
16 endangering the welfare of a child.
17 ACTING PRESIDENT MEIER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the first of
21 November.
22 ACTING PRESIDENT MEIER: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 48.
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1 ACTING PRESIDENT MEIER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 105, by Senator Rath, Senate Print 1517, an
5 act to amend the Penal Law, in relation to
6 establishing the crimes of attempting to lure
7 or entice a child.
8 ACTING PRESIDENT MEIER: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the first of
12 November.
13 ACTING PRESIDENT MEIER: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 48.
17 ACTING PRESIDENT MEIER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 107, by Senator Rath, Senate Print 1521, an
21 act to amend the Penal Law, in relation to
22 assaults committed in the presence of certain
23 children.
24 ACTING PRESIDENT MEIER: Read the
25 last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect on the first of
3 November.
4 ACTING PRESIDENT MEIER: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Those recorded in
8 the negative on Calendar Number 107 are
9 Senators Andrews, Hassell-Thompson, and
10 Montgomery. Ayes, 47. Nays, 3.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 108, by Senator Robach, Senate Print 1619, an
15 act to amend the Penal Law, in relation to
16 consecutive sentences.
17 ACTING PRESIDENT MEIER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the first of
21 November.
22 ACTING PRESIDENT MEIER: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 50.
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1 ACTING PRESIDENT MEIER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 125, by Senator Maziarz, Senate Print 1136, an
5 act to amend the Public Authorities Law, in
6 relation to the allocation of replacement
7 power.
8 ACTING PRESIDENT MEIER: Read the
9 last section.
10 THE SECRETARY: Section 4. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MEIER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MEIER: Senator
16 Maziarz, to explain his vote.
17 SENATOR MAZIARZ: Thank you very
18 much, Mr. President.
19 This is an extremely important bill
20 for economic development in all of Western
21 New York. There are approximately 44
22 companies located in Niagara and Erie counties
23 which employ in excess of 24,000 manufacturing
24 employees.
25 I just want to publicly acknowledge
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1 the work that Senator Volker, Senator Rath, my
2 colleagues from Western New York -- Senator
3 Stachowski -- have done on this bill.
4 But I especially want to thank the
5 chairman of the Senate Energy Committee, who
6 did an excellent job in shepherding this bill
7 through the Energy Committee and educating us
8 a whole lot about the replacement power
9 process. And it could not have been done
10 without the good work of Senator Wright.
11 And Senator Spano, from Westchester
12 County, played a very important role in making
13 sure that this bill got to the floor today
14 too.
15 Thank you, Mr. President. I vote
16 aye.
17 ACTING PRESIDENT MEIER: Senator
18 Maziarz will be recorded in the affirmative.
19 Senator Rath, to explain her vote.
20 SENATOR RATH: To explain my
21 vote.
22 For those who might wonder what
23 replacement power is, if you can imagine a
24 powerhouse of a power project sliding down
25 into the Niagara Gorge a number of years ago,
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1 and the power that was lost to the companies
2 that used that in order to be competitive.
3 Because, after all, they were right there at
4 the seat and the heart of where power was
5 generated in New York State in those days.
6 And so replacement power became an
7 item that was given to the companies who had
8 power when the Schoellkopf plant slipped into
9 the Niagara Gorge. And so that has been an
10 extraordinarily important part of the business
11 plan of many companies in Western New York.
12 And thanks to everyone who made
13 this a reality and made it happen, because
14 there are a lot of people who will continue to
15 work because companies will make decisions to
16 expand, they will make decisions to move on
17 and do more with their business plans as a
18 result of maintaining this replacement power,
19 which they've had almost since time
20 immemorial, since that first Schoellkopf plant
21 was built.
22 And the rates have gone up, but
23 they have always been favorable to the
24 companies who were the first companies on the
25 Niagara Frontier who believed in this new
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1 gimmick called electricity and put it into
2 their buildings.
3 Thank you.
4 ACTING PRESIDENT MEIER: Senator
5 Rath will be recorded in the affirmative.
6 Senator Volker, to explain his
7 vote.
8 SENATOR VOLKER: Briefly, Mr.
9 President.
10 I took a pretty severe beating on
11 this bill at one point. And I want to thank
12 Senator Maziarz, who did an excellent job with
13 this bill. And I want to also thank Senator
14 Wright, who worked very hard to make this a
15 reality.
16 And also, in an attempt -- and by
17 the way, this has always been the law. It is
18 under the federal charter. It dates back
19 to -- John Daly and myself worked on this
20 many, many years ago, the late Senator John
21 Daly.
22 The problem back in Buffalo was
23 that they didn't really understand what this
24 was completely all about. And they also
25 didn't realize that there's another 146
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1 megawatts of power that has disappeared from
2 Western New York because a number of plants
3 have left the area.
4 They all, by the way, left in
5 the -- before the last ten years, contrary to
6 people's feeling lately. We haven't been
7 losing plants, thank God.
8 But I want to thank Senator Maziarz
9 and Senator Wright for what they have done.
10 And we still hope -- this bill we expect to
11 pass the Assembly, and we also expect the next
12 bill that was sponsored by Senator Wright,
13 relating to the North Country, to also pass
14 the Assembly.
15 I vote aye.
16 ACTING PRESIDENT MEIER: Senator
17 Volker will be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: Ayes, 54.
20 ACTING PRESIDENT MEIER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 126, by Senator Wright, Senate Print 1393, an
24 act to amend the Public Authorities Law, in
25 relation to the allocation of preservation
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1 power.
2 ACTING PRESIDENT MEIER: Read the
3 last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MEIER: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 55.
10 ACTING PRESIDENT MEIER: The bill
11 is passed.
12 Senator Skelos, that completes the
13 noncontroversial -- oh, I'm sorry.
14 Senator Wright.
15 SENATOR WRIGHT: To explain my
16 vote on the bill we just passed.
17 ACTING PRESIDENT MEIER: Without
18 objection. Senator Wright, to explain his
19 vote.
20 SENATOR WRIGHT: Let me first say
21 that I'm very pleased that we were able to
22 pass both pieces of legislation this
23 afternoon.
24 As you all recognize, it was last
25 session that we passed a combined bill that
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1 had both provisions for Western and Northern
2 New York together. And that, unfortunately,
3 was not taken up by the Assembly. And they
4 said to us: We want separate bills.
5 So we have worked cooperatively
6 with Senator Volker, Senator Maziarz,
7 Senator Spano, and of course Senator Bruno,
8 who shepherded both bills through this house
9 so that we are in a position to deliver what
10 the Assembly indicated they were seeking, and
11 that was to provide parity, fairness and
12 equity to both Western and Northern New York,
13 which are homes to the largest generating
14 hydrofacilities in the state.
15 They have paid the cost over the
16 years in terms of lost property, lost taxes.
17 And they're entitled to the energy, they're
18 entitled to the jobs that you have put in
19 statute.
20 Thank you very much.
21 ACTING PRESIDENT MEIER: Senator
22 Wright is recorded in the affirmative, and the
23 bill is passed.
24 Senator Schneiderman.
25 SENATOR SCHNEIDERMAN: To explain
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1 my vote.
2 ACTING PRESIDENT MEIER: Without
3 objection. Senator Schneiderman, to explain
4 his vote.
5 SENATOR SCHNEIDERMAN: Thank you,
6 Mr. President.
7 I appreciate the effort that has
8 gone into these bills. I would like to note
9 that energy costs are a major impediment to
10 economic growth throughout New York State and
11 that the Governor's proposed budget allocates
12 only $75 million for a one-year extension of
13 the Power for Jobs program.
14 I hope that we will -- and there
15 have been meetings and proposed legislation in
16 the past in this house and in the Assembly.
17 But I hope this year we will take the
18 opportunity to provide something other than
19 uncertain one-year funding for piecemeal
20 programs, and not simply limit our energy cost
21 reduction efforts to certain geographic areas.
22 I think that the effort that has
23 gone into these bills demonstrates how
24 difficult it is even to operate on a piecemeal
25 basis. But throughout Central New York,
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1 throughout the suburbs of New York City there
2 is a need for low-cost power. And the best
3 way to address that is with a comprehensive
4 set of programs particularly focusing on the
5 Power for Jobs program.
6 I hope we will be able to do better
7 than the Governor's proposal for a $75 million
8 one-year shot in that critical program in this
9 year's budget.
10 Thank you, Mr. President. I vote
11 in the affirmative. And I hope we will have
12 more bills like this to deal with as the
13 session comes along.
14 ACTING PRESIDENT MEIER: Senator
15 Schneiderman votes in the affirmative, and the
16 bill is passed.
17 Senator Skelos, that completes the
18 noncontroversial reading of the calendar.
19 SENATOR SKELOS: Thank you,
20 Mr. President. If we could go to the
21 controversial reading at this time.
22 ACTING PRESIDENT MEIER: The
23 Secretary will conduct the controversial
24 reading of the calendar.
25 THE SECRETARY: Calendar Number
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1 98, by Senator Volker, Senate Print 878, an
2 act to amend the Criminal Procedure Law.
3 SENATOR SCHNEIDERMAN:
4 Explanation.
5 ACTING PRESIDENT MEIER: Senator
6 Volker, an explanation has been requested.
7 SENATOR VOLKER: Mr. President,
8 this is a bill that passed last year and
9 received some questioning.
10 What this bill does, very quickly,
11 is to allow the testimony of a police officer
12 which was taken under oath to be admitted in a
13 grand jury proceeding as long as there is an
14 affidavit in relation to it.
15 And I might add that there are
16 certain restrictions. If there was an
17 adversarial examination of such officer
18 previously conducted in regard to this
19 offense, a transcript of that examination must
20 be submitted.
21 And I pointed out last year that if
22 the -- in the interests of justice, of course,
23 any judge can order a person brought before
24 the grand jury. The idea of this is to try to
25 avoid unnecessary expense.
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1 The second thing is, and probably
2 the most important -- because I think most of
3 the time the law enforcement officer will
4 probably testify before the grand jury
5 anyways -- is in relation to business records.
6 And that's where the big savings is.
7 A lot of law enforcement officers
8 are asked to come in and confirm business
9 records. And I did that myself many years
10 ago. You bring in a -- for instance, a -- I'm
11 trying to think of something you bring in. A
12 copy of an accident report. Or there's a
13 whole series of things that you might bring
14 in.
15 In this case, instead of doing
16 that, you can give an affidavit, a sworn
17 affidavit, relating to your connection with
18 whatever that document is and whatever that
19 accident report or whatever it is.
20 Savings on this could be very
21 substantial.
22 ACTING PRESIDENT MEIER: Senator
23 Schneiderman.
24 SENATOR SCHNEIDERMAN: Thank you,
25 Mr. President.
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1 Would the sponsor yield for one
2 brief question.
3 SENATOR VOLKER: Certainly.
4 ACTING PRESIDENT MEIER: Senator
5 Volker, do you yield?
6 The Senator yields.
7 SENATOR SCHNEIDERMAN: What is
8 the estimated cost saving from the portion of
9 this bill that would eliminate the need in, as
10 you pointed out, in some cases for police
11 officers to testify as live witnesses in a
12 grand jury?
13 SENATOR VOLKER: The State Police
14 estimates $150,000.
15 I think they're awfully
16 conservative. I would probably say close to a
17 million dollars in total. Because this is not
18 just State Police officers, this is for law
19 enforcement officers.
20 I would have to say that the
21 overtime amounts -- and some police officers,
22 by the way, are not particularly happy with
23 this legislation, because obviously they make
24 quite a bit of money in overtime costs and so
25 forth.
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1 And in some of the cities, two
2 cities in particular that I'm aware of, this
3 could save two cities in particular a lot of
4 money. Because the grand jury proceedings are
5 blocked up a lot by law enforcement officers
6 that are brought in to testify.
7 SENATOR SCHNEIDERMAN: Thank you.
8 Through you, Mr. President, on the
9 bill.
10 I agree with Senator Volker's point
11 about the business records issue. I do think
12 that it is something that really is a pro
13 forma part of testimony in front of a grand
14 jury or at a full trial. That's a commonsense
15 proposal that would save money in the state.
16 However, I cannot bring myself to
17 vote for this bill because of the second
18 provision. And this was discussed in the
19 debate last year, and I think this is
20 tremendously important.
21 It is not -- we should be very,
22 very cautious about proposals to save
23 relatively small amounts of money in the
24 context of the state budget by reducing the
25 due process protections for the citizens of
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1 this state.
2 And I think that the grand juries
3 are the creatures of prosecutors already. You
4 know, the expression that you can get a grand
5 jury to indict a ham sandwich if you want to
6 is not that far off. I've been a witness in
7 grand jury proceedings, and it is something
8 where the prosecutor controls the flow. They
9 move it along very quickly, usually.
10 The one thing that in my mind is
11 the most critical thing that the grand jurors
12 actually bring to the process is their ability
13 to evaluate the credibility of witnesses.
14 Grand jurors do have the power to ask
15 questions of witnesses or to discuss the
16 testimony of witnesses.
17 And I think that for us to have a
18 one-sided fix with the goal of saving $150,000
19 or $250,000 or $300,000 in a $105 billion
20 state budget I think is tremendously
21 shortsighted. In a democracy that provides
22 for due process of law, we should be very
23 cautious about trying to save money by
24 reducing the ability of grand jurors to assess
25 the credibility of a witness.
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1 If a police officer wants to come
2 in in a controversial case seeking an
3 indictment of a defendant, one of the things
4 that in my mind is most critical is to allow a
5 jury and allow a grand jury to assess the
6 credibility of that witness.
7 This would allow a prosecutor to
8 make a determination: You know, I don't think
9 that police officer makes a very good witness.
10 He looks like he's nervous, he's lying. I'm
11 going to try and cross every T and dot every I
12 under this provision to keep him out. But if
13 I do have a police officer as a witness I
14 think is going to make a good witness, I'm
15 going to use him.
16 It puts too much power in the hands
17 of prosecutors. It is too quick a fix of a
18 problem that I don't think is really an
19 enormous problem. We're going to be debating
20 on Wednesday a death penalty statute that
21 costs hundreds of millions of dollars for us
22 to try to move forward a procedure that has
23 resulted thus far in massive expense and
24 actually no executions of anyone.
25 To save $150,000, $200,000,
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1 $250,000, even a million dollars by removing
2 the due process protection of allowing grand
3 jurors to assess the credibility of a police
4 witness I think is a mistake.
5 I'm going to vote no, and I
6 encourage everyone to vote no. I hope we can
7 separate out the first portion of this bill,
8 because I do think that's something that would
9 have substantial support everywhere, in this
10 house and in the other house. But until we do
11 that, Mr. President, I will be voting no.
12 Thank you.
13 ACTING PRESIDENT MEIER: Any
14 other Senator wish to be heard?
15 Debate is closed, then.
16 The Secretary will sound the bells,
17 please.
18 (Pause in proceedings.)
19 ACTING PRESIDENT MEIER: Read the
20 last section.
21 THE SECRETARY: Section 5. This
22 act shall take effect on the first of
23 November.
24 ACTING PRESIDENT MEIER: Call the
25 roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT MEIER: Senator
3 DeFrancisco, to explain his vote.
4 SENATOR DeFRANCISCO: I'm going
5 to vote no on this bill, largely for the
6 reasons that Senator Schneiderman mentioned.
7 It's one thing to put in business
8 records, but it's another thing, especially --
9 any witness, whether it's a police officer or
10 not, when in restricting the time that an
11 affidavit could be presented to when the
12 officer actually knows these things from
13 personal knowledge or witnessed the
14 occurrence. What more important witness would
15 there be?
16 And I just think that if this is
17 allowed, then there's really no purpose for
18 the grand jury. And maybe we should, if we
19 want to save money, start thinking about
20 abolishing the grand jury, because otherwise
21 it will have no real purpose if we start
22 allowing witnesses to testify, in quotes, by
23 affidavit.
24 I vote no.
25 ACTING PRESIDENT MEIER: Senator
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1 DeFrancisco will be recorded in the negative.
2 Announce the results.
3 THE SECRETARY: Those recorded in
4 the negative on Calendar Number 98 are
5 Senators Andrews, Breslin, DeFrancisco, Diaz,
6 Gonzalez, Hassell-Thompson, L. Krueger,
7 Montgomery, Paterson, Savino, Schneiderman,
8 and A. Smith.
9 Ayes, 43. Nays, 12.
10 ACTING PRESIDENT MEIER: The bill
11 is passed.
12 Senator Skelos.
13 SENATOR SKELOS: Mr. President,
14 is there any housekeeping at the desk?
15 ACTING PRESIDENT MEIER: Yes, we
16 do have a motion, Senator.
17 Senator Fuschillo.
18 SENATOR FUSCHILLO: On behalf of
19 Senator Saland --
20 ACTING PRESIDENT MEIER: Just a
21 second, Senator.
22 Can we have some order in the
23 chamber.
24 Senator Fuschillo.
25 SENATOR FUSCHILLO: Thank you,
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1 Mr. President.
2 On behalf of Senator Saland, on
3 page number 16 I offer the following
4 amendments to Calendar Number 133, Senate
5 Print Number 478, and ask that said bill
6 retain its place on Third Reading Calendar.
7 ACTING PRESIDENT MEIER: The
8 amendments are received and adopted, and the
9 bill will retain its place on the order of
10 third reading.
11 Senator Montgomery.
12 SENATOR MONTGOMERY: Yes, Mr.
13 President. Had I been in the chamber when the
14 Calendar Number 96 was voted by this body, I
15 would have voted no. I believe it was voted
16 on Wednesday.
17 ACTING PRESIDENT MEIER: The
18 record will so reflect, Senator.
19 SENATOR MONTGOMERY: Thank you.
20 ACTING PRESIDENT MEIER: Senator
21 Skelos.
22 SENATOR SKELOS: Mr. President,
23 there being no further business to come before
24 the Senate, I move we stand adjourned until
25 Tuesday, March 8th, at 3:00 p.m.
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1 ACTING PRESIDENT MEIER: On
2 motion, the Senate stands adjourned until
3 Tuesday, March the 8th, at 3:00 p.m.
4 (Whereupon, at 3:43 p.m., the
5 Senate adjourned.)
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