Regular Session - June 8, 2020
1706
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 8, 2020
11 4:13 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR BRIAN A. BENJAMIN, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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21
22
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24
25
1707
1 P R O C E E D I N G S
2 ACTING PRESIDENT BENJAMIN: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT BENJAMIN: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT BENJAMIN: The
14 reading of the Journal.
15 THE SECRETARY: In Senate, Sunday,
16 June 7, 2020, the Senate met pursuant to
17 adjournment. The Journal of Saturday, June 6,
18 2020, was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT BENJAMIN: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 Messages from the Governor.
25 Reports of standing committees.
1708
1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator Gianaris.
6 SENATOR GIANARIS: Mr. President,
7 there will be an immediate meeting of the
8 Finance Committee in Room 332.
9 ACTING PRESIDENT BENJAMIN: There
10 will be an immediate meeting of the
11 Finance Committee in Room 332.
12 SENATOR GIANARIS: The Senate will
13 stand at ease.
14 ACTING PRESIDENT BENJAMIN: The
15 Senate will stand at ease.
16 (Whereupon, the Senate stood at ease
17 at 4:14 p.m.)
18 (Whereupon, the Senate reconvened at
19 4:32 p.m.)
20 ACTING PRESIDENT BENJAMIN: The
21 Senate will return to order.
22 Senator Gianaris.
23 SENATOR GIANARIS: Mr. President,
24 there will be an immediate meeting of the
25 Rules Committee in Room 332.
1709
1 ACTING PRESIDENT BENJAMIN: There
2 will be an immediate meeting of the
3 Rules Committee in Room 332.
4 SENATOR GIANARIS: The Senate will
5 stand at ease.
6 ACTING PRESIDENT BENJAMIN: The
7 Senate will stand at ease.
8 (Whereupon, the Senate stood at ease
9 at 4:32 p.m.)
10 (Whereupon, the Senate reconvened at
11 5:04 p.m.)
12 ACTING PRESIDENT BENJAMIN: The
13 Senate will return to order.
14 Senator Gianaris.
15 SENATOR GIANARIS: Mr. President,
16 is there a Rules Committee report at the desk?
17 ACTING PRESIDENT BENJAMIN: There
18 is a report of the Rules Committee at the desk.
19 The Secretary will read.
20 THE SECRETARY: Senator
21 Stewart-Cousins, from the Committee on Rules,
22 reports the following bills:
23 Senate Print 59, by Senator Robach,
24 an act to amend the Highway Law;
25 Senate Print 1830C, by Senator
1710
1 Hoylman, an act to amend the Criminal Procedure
2 Law and the Judiciary Law;
3 Senate Print 2574C, by Senator
4 Bailey, an act to amend the Executive Law;
5 Senate Print 2575B, by Senator
6 Bailey, an act to amend the Executive Law;
7 Senate Print 3253A, by Senator
8 Parker, an act to amend the Civil Rights Law;
9 Senate Print 3595C, by Senator
10 Parker, an act to amend the Executive Law, the
11 Public Authorities Law, and Chapter 154 of the
12 Laws of 1921;
13 Senate Print 3856, by Senator Lanza,
14 an act to amend the State Law, the Highway Law
15 and the Administrative Code of the City of
16 New York;
17 Senate Print 3860, by Senator Lanza,
18 an act to amend the Vehicle and Traffic Law;
19 Senate Print 4334B, by Senator
20 Metzger, an act to amend the Highway Law;
21 Senate Print 4701A, by Senator
22 Brooks, an act in relation to permitting
23 Roosevelt Fire District to file an application
24 for a retroactive real property tax exemption;
25 Senate Print 5571, by Senator
1711
1 LaValle, an act in relation to the designation of
2 the East Hampton Volunteer Ocean Rescue and
3 Auxiliary Squad as an emergency rescue and first
4 aid squad;
5 Senate Print 5667B, by Senator
6 Thomas, an act to authorize the assessor of the
7 County of Nassau to accept an application for
8 exemption from real property taxes;
9 Senate Print 5948, by Senator
10 Skoufis, an act authorizing the Commissioner of
11 General Services to transfer and convey certain
12 unappropriated state land to Rockland Recovery
13 Homes, Inc.;
14 Senate Print 5993, by Senator
15 Serino, an act to amend the Highway Law;
16 Senate Print 6224B, by Senator
17 Metzger, an act to amend the General Municipal
18 Law and the Tax Law;
19 Senate Print 6369A, by Senator
20 O'Mara, an act to amend the Village Law and the
21 Public Officers Law;
22 Senate Print 6379, by Senator
23 LaValle, an act to amend the Town Law;
24 Senate Print 6601B, by Senator
25 Bailey, an act to amend the Civil Rights Law;
1712
1 Senate Print 6611, by Senator
2 Brooks, an act relating to authorizing the Town
3 of Hempstead to be able to grant the Roosevelt
4 Fire District of Roosevelt a property tax
5 exemption;
6 Senate Print 6670B, by Senator
7 Benjamin, an act to amend the Penal Law;
8 Senate Print 6768A, by Senator
9 Akshar, an act to amend the Village Law;
10 Senate Print 6823, by Senator
11 Gallivan, an act to amend the Highway Law;
12 Senate Print 6854, by Senator
13 Little, an act to amend the Executive Law;
14 Senate Print 6915, by Senator
15 Flanagan, an act to authorize the Town of
16 Smithtown to extend the boundaries of the
17 St. James Fire District to include the Village of
18 Head of the Harbor;
19 Senate Print 7012, by Senator
20 Ranzenhofer, an act to amend the Highway Law;
21 Senate Print 7069A, by Senator
22 Kaminsky, an act to authorize the assessor of the
23 County of Nassau to accept a retroactive
24 application for exemption from real property
25 taxes from the West Hempstead-Hempstead Garden
1713
1 Water District;
2 Senate Print 7070, by Senator
3 Kaminsky, an act to authorize the assessor of the
4 City of Long Beach in the County of Nassau to
5 accept a retroactive application;
6 Senate Print 7158, by Senator Liu,
7 an act to amend Chapter 667 of the Laws of 1868;
8 Senate Print 7281, by Senator
9 Borrello, an act to amend the Highway Law;
10 Senate Print 7282A, by Senator
11 Borrello, an act to amend the Highway Law;
12 Senate Print 7295, by Senator
13 Addabbo, an act to amend the Environmental
14 Conservation Law;
15 Senate Print 7359, by Senator
16 Stewart-Cousins, an act authorizing Beth El
17 Synagogue Center to file an application for
18 retroactive real property tax exemption;
19 Senate Print 7360, by Senator
20 Breslin, an act in relation to authorizing the
21 assessor of the City of Albany to accept from the
22 Koinonia Primary Care, Inc., an application for
23 exemption from real property taxes;
24 Senate Print 7538, by Senator
25 Borrello, an act to amend the General City Law;
1714
1 Senate Print 7574, by Senator
2 Martinez, an act in relation to creating the
3 Davis Park Fire Department Benevolent
4 Association;
5 Senate Print 7579, by Senator
6 Borrello, an act to authorize the Towns of Mina
7 and French Creek in Chautauqua County to elect a
8 single town justice to preside in the town courts
9 of such towns;
10 Senate Print 7586A, by Senator
11 Thomas, an act in relation to permitting
12 Uniondale Land Trust to file an application for
13 certain real property tax exemptions;
14 Senate Print 7714, by Senator
15 Seward, an act relating to the dissolution of the
16 Village of Groton Industrial Development Agency
17 and the disposition of the assets thereof;
18 Senate Print 7729, by Senator
19 Borrello, an act to amend the Town Law and the
20 Public Officers Law;
21 Senate Print 7749, by Senator
22 Akshar, an act to authorize the Town of Union in
23 the County of Broome to convey to New York State
24 Electric & Gas an easement;
25 Senate Print 7750, by Senator
1715
1 Jacobs, an act to amend the Town Law;
2 Senate Print 7790, by Senator
3 Amedore, an act to amend the Public Officers Law;
4 Senate Print 7794, by Senator
5 Harckham, an act to amend the Village Law;
6 Senate Print 7857, by Senator
7 Gaughran, an act to amend the Vehicle and Traffic
8 Law;
9 Senate Print 7867, by Senator
10 Metzger, an act to amend Chapter 262 of the Laws
11 of 2005;
12 Senate Print 7880B, by Senator
13 Breslin, an act prohibiting the incineration of
14 aqueous film-forming foam;
15 Senate Print 7897B, by Senator
16 Metzger, an act to amend the Highway Law;
17 Senate Print 7901B, by Senator
18 Martinez, an act in relation to authorizing the
19 Village of Patchogue to file an application for
20 exemption from real property taxes for certain
21 assessment rolls;
22 Senate Print 7923, by Senator
23 Serino, an act to amend the Highway Law;
24 Senate Print 7953, by Senator
25 Thomas, an act in relation to authorizing the
1716
1 Town of Hempstead to grant Southern Tier
2 Environments for Living Inc. a property tax
3 exemption;
4 Senate Print 7973, by Senator
5 LaValle, an act to amend Chapter 238 of the Laws
6 of 1963;
7 Senate Print 7999, by Senator May,
8 an act to amend the Judiciary Law;
9 Senate Print 8019, by Senator Boyle,
10 an act in relation to authorizing the
11 Good Samaritan Hospital Medical Center to file an
12 application for a real property tax exemption;
13 Senate Print 8027A, by Senator
14 Kaminsky, an act to authorize the assessor of the
15 Town of Hempstead, County of Nassau, to accept
16 from Mercy Medical Center an application for
17 exemption from real property taxes;
18 Senate Print 8054, by Senator
19 Persaud, an act to amend the Highway Law;
20 Senate Print 8068B, by Senator
21 Kaminsky, an act to authorize the assessor of the
22 County of Nassau to accept a retroactive
23 application for exemption from real property
24 taxes;
25 Senate Print 8075, by Senator
1717
1 Harckham, an act to amend the Real Property Tax
2 Law;
3 Senate Print 8087B, by Senator
4 Helming, an act to amend the Alcoholic Beverage
5 Control Law;
6 Senate Print 8093, by Senator
7 Martinez, an act to amend the Town Law;
8 Senate Print 8136, by Senator
9 Gaughran, an act in relation to authorizing the
10 assessor of the Town of Huntington, County of
11 Suffolk, to accept from Chabad Lubavitch Chai
12 Center, Inc., an application for exemption from
13 real property taxes;
14 Senate Print 8158, by Senator
15 Kennedy, an act to amend the Public Authorities
16 Law, the Highway Law, the Transportation Law and
17 the Vehicle and Traffic Law;
18 Senate Print 8204, by Senator
19 Harckham, an act to amend the Real Property Tax
20 Law;
21 Senate Print 8225, by Senator
22 Montgomery, an act to amend the Alcoholic
23 Beverage Control Law;
24 Senate Print 8285, by Senator
25 Brooks, an act to amend the Nassau County Civil
1718
1 Divisions Act;
2 Senate Print 8299, by Senator
3 Jordan, an act to amend the Public Officers Law;
4 Senate Print 8344A, by Senator
5 O'Mara, an act authorizing the alienation of
6 certain reforested lands in the County of Yates;
7 Senate Print 8350B, by Senator
8 Thomas, an act in relation to authorizing the
9 Nassau County assessor to accept an application
10 from NGIP, Inc., for a real property tax
11 exemption;
12 Senate Print 8378, by Senator
13 Jacobs, an act to amend the General City Law;
14 Senate Print 8409A, by Senator
15 Little, an act to authorize certain healthcare
16 professionals licensed to practice in other
17 jurisdictions to practice in this state in
18 connection with an event sanctioned by the World
19 Triathlon Corporation;
20 Senate Print 8484, by Senator
21 Metzger, an act to amend the Alcoholic Beverage
22 Control Law;
23 Senate Print 8485, by Senator
24 Montgomery, an act authorizing the Commissioner
25 of General Services to sell certain land to TCH
1719
1 Holdings, LLC;
2 Senate Print 8489, by Senator
3 Kaminsky, an act in relation to authorizing the
4 assessor of the County of Nassau to accept from
5 the Eglise Baptiste Etolie Du Matin an
6 application for exemption from real property
7 taxes;
8 Senate Print 8491, by Senator
9 Bailey, an act to amend the Highway Law;
10 Senate Print 8492, by Senator
11 Parker, an act to amend the Civil Rights Law;
12 Senate Print 8493, by Senator
13 Parker, an act to amend the Executive Law;
14 Senate Print 8495, by Senator
15 Benjamin, an act to amend the Executive Law;
16 Senate Print 8496, by Senator
17 Bailey, an act to amend the Civil Rights Law and
18 the Public Officers Law; and
19 Senate Print 8522, by Senator
20 Helming, an act to amend the Environmental
21 Conservation Law.
22 All bills reported direct to third
23 reading.
24 SENATOR GIANARIS: Move to accept
25 the report of the Rules Committee.
1720
1 ACTING PRESIDENT BENJAMIN: All in
2 favor of accepting the Committee on Rules report
3 signify by saying aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT BENJAMIN:
6 Opposed, nay?
7 (No response.)
8 ACTING PRESIDENT BENJAMIN: The
9 record is accepted and before the house.
10 SENATOR GIANARIS: Please take up
11 the supplemental calendar at this time.
12 ACTING PRESIDENT BENJAMIN: There's
13 a substitution at the desk.
14 The Secretary will read.
15 THE SECRETARY: Senator Hoylman
16 moves to discharge, from the Committee on Rules,
17 Assembly Bill Number 10609 and substitute it for
18 the identical Senate Bill 1830C, Third Reading
19 Calendar 675.
20 ACTING PRESIDENT BENJAMIN: The
21 substitution is so ordered.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 675, Assembly Bill Number 10609, by the Assembly
25 Committee on Rules, an act to amend the Criminal
1721
1 Procedure Law.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect on the 180th day after it
6 shall have become a law.
7 ACTING PRESIDENT BENJAMIN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BENJAMIN: Senator
11 Carlucci to explain his vote.
12 SENATOR CARLUCCI: Thank you.
13 I rise to support this legislation
14 and the entire legislative package that we'll be
15 voting on this week.
16 I want to thank my colleagues in the
17 Senate and in the Assembly who have waged a fight
18 for justice for far too long and for raising
19 my -- for persisting in raising my consciousness
20 and the consciousness of this legislative body.
21 I want to honor the hundreds of
22 thousands of New Yorkers who have left the
23 comfort of their homes in a time of physical
24 illness, of mental distress and economic loss, to
25 go to the streets to ring liberty's bell, to
1722
1 demand change and to demand action. I want to
2 thank all of the New Yorkers that risk their own
3 physical health to fight to protect the soul of
4 our state and the soul of our nation.
5 We must continue to act with
6 empathy, not anger. We have to act with love,
7 not hate. And we have to act with urgency. I
8 want to thank my colleagues in this chamber and
9 in the Assembly for coming together to pass this
10 legislative package of reform so that we can
11 continue to walk the walk of fighting injustice
12 and rooting out racism wherever it exists in this
13 nation.
14 Mr. President, I'll be supporting
15 this legislation and the entire legislative
16 package. Thank you.
17 ACTING PRESIDENT BENJAMIN: Senator
18 Carlucci to be recorded in the affirmative.
19 Senator Hoylman to explain his vote.
20 SENATOR HOYLMAN: Thank you,
21 Mr. President.
22 I rise to echo the important message
23 that Black Lives Matter today on this
24 history-making day in the State Senate, in
25 humility and deference and as an ally to my black
1723
1 and brown legislative colleagues -- and
2 especially Senate Leader Andrea Stewart-Cousins,
3 the first woman, the first black woman ever to
4 lead a legislative chamber in New York.
5 The bill we're voting on is the
6 Police Statistics and Transparency Act, also
7 known as the Police STAT Act.
8 We've all seen the horrific videos
9 of black Americans killed through police
10 brutality. But what happens, Mr. President, when
11 the cameras aren't rolling? How many other
12 George Floyds or Eric Garners have there been?
13 How many other black and brown New Yorkers have
14 been brutalized at the hands of law enforcement?
15 How many other black and brown New Yorkers have
16 been murdered by the police? We can't say their
17 names, Mr. President, because we don't even know
18 who they are.
19 The Police STAT act will finally
20 lift the veil on this secrecy and create new
21 transparency around misdemeanor arrests and
22 violations and deaths in police custody.
23 If we're going to root out the
24 systematic and discriminatory policing practices
25 used to target black and brown New Yorkers, we're
1724
1 going to need more data and transparency than
2 currently availability. The Police STAT Act is
3 going to give us this much-needed information.
4 I'm honored that this legislation is
5 passing today, thanks to Leader Stewart-Cousins,
6 to the Senate staff, to Codes Chairman Jamaal
7 Bailey, the original Senate sponsor Daniel
8 Squadron, and Gwen Carr, the mother of Eric
9 Garner, who personally came to Albany to campaign
10 for this bill.
11 It's also Pride, Mr. President, so I
12 pay homage to three important figures I'm
13 thinking about as we pass these bills today:
14 Marsha P. Johnson, a black transgender woman who
15 helped found the LGBTQ human rights movement,
16 through leading an uprising at the Stonewall Inn
17 51 years ago this month in my Senate district;
18 Judge Deborah Batts, who died earlier this year,
19 a black woman and the first openly LGBTQ federal
20 judge, who served a quarter-century on the United
21 States District Court for the Southern District
22 of New York; and Bayard Rustin, a gay black man
23 who lived in Chelsea, in my district, who was one
24 of Dr. King's top lieutenants and the organizer
25 of the 1963 March on Washington.
1725
1 I can imagine, Mr. President, that
2 they're all looking down on us today, proud of
3 the votes we're taking but urging us to continue
4 the fight for racial equality and justice.
5 I vote aye, Mr. President.
6 ACTING PRESIDENT BENJAMIN: Senator
7 Hoylman to be recorded in the affirmative.
8 Announce the results.
9 THE SECRETARY: In relation to
10 Calendar Number 675, those Senators voting in the
11 negative are Senators Funke and Helming.
12 Ayes, 60. Nays, 2.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 Senator Gianaris.
16 SENATOR GIANARIS: Mr. President,
17 can we please just take the next bill up out of
18 order and move to Calendar 678 next.
19 ACTING PRESIDENT BENJAMIN: The
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 678, Senate Print 3253A, by Senator Parker, an
23 act to amend the Civil Rights Law.
24 ACTING PRESIDENT BENJAMIN: Read
25 the last section.
1726
1 THE SECRETARY: Section 4. This
2 act shall take effect on the 30th day after it
3 shall have become a law.
4 ACTING PRESIDENT BENJAMIN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BENJAMIN:
8 Announce the results.
9 THE SECRETARY: In relation to
10 Calendar Number 678, those Senators voting in the
11 negative are Senators Helming and Seward.
12 Ayes, 60. Nays, 2.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 SENATOR GIANARIS: Mr. President,
16 can we now continue with Calendar 677 and then
17 take the other two bills in order from there.
18 Thank you.
19 ACTING PRESIDENT BENJAMIN: There's
20 a substitution at the desk.
21 The Secretary will read.
22 THE SECRETARY: Senator Bailey
23 moves to discharge, from the Committee on Rules,
24 Assembly Bill Number 10608 and substitute it for
25 the identical Senate Bill 2575B, Third Reading
1727
1 Calendar 677.
2 ACTING PRESIDENT BENJAMIN: The
3 substitution is so ordered.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 677, Assembly Bill Number 10608, by the
7 Assembly Committee on Rules, an act to amend the
8 Executive Law.
9 ACTING PRESIDENT BENJAMIN: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 90th day after it
13 shall have become a law.
14 ACTING PRESIDENT BENJAMIN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BENJAMIN:
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar Number 677, those Senators voting in the
21 negative are Senators Funke, Helming and Seward.
22 Ayes, 59. Nays, 3.
23 ACTING PRESIDENT BENJAMIN: The
24 bill is passed.
25 There is a substitution at the desk.
1728
1 The Secretary will read.
2 THE SECRETARY: Senator Benjamin
3 moves to discharge, from the Committee on Rules,
4 Assembly Bill Number 6144B and substitute it for
5 the identical Senate Bill Number 6670B, Third
6 Reading Calendar 693.
7 ACTING PRESIDENT BENJAMIN: The
8 substitution is so ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 693, Assembly Print Number 6144B, by the
12 Assembly Committee on Rules, an act to amend the
13 Penal Law.
14 SENATOR GALLIVAN: Lay it aside.
15 ACTING PRESIDENT BENJAMIN: Lay it
16 aside.
17 There is a substitution at the desk.
18 The Secretary will read.
19 THE SECRETARY: Senator Parker
20 moves to discharge, from the Committee on Rules,
21 Assembly Bill Number 1531B and substitute it for
22 the identical Senate Bill 8492, Third Reading
23 Calendar 748.
24 ACTING PRESIDENT BENJAMIN: The
25 substitution is so ordered.
1729
1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 748, Assembly Print Number 1531B, by the Assembly
4 Committee on Rules, an act to amend the Civil
5 Rights Law.
6 ACTING PRESIDENT BENJAMIN: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT BENJAMIN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BENJAMIN:
14 Announce the results.
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT BENJAMIN: The
17 bill is passed.
18 ACTING PRESIDENT MAYER: Senator
19 Gianaris, that completes the reading of today's
20 supplemental calendar.
21 SENATOR GIANARIS: Thank you,
22 Madam President. Can we now take up the
23 controversial calendar, please.
24 ACTING PRESIDENT MAYER: The
25 Secretary will ring the bell.
1730
1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 693, Assembly Print Number 6144B, by the
4 Assembly Committee on Rules, an act to amend the
5 Penal Law.
6 ACTING PRESIDENT MAYER:
7 Senator Akshar.
8 SENATOR AKSHAR: Madam President,
9 thank you. Through you, if the sponsor would
10 yield to a few questions.
11 SENATOR BENJAMIN: Yes, I will.
12 ACTING PRESIDENT MAYER: The
13 Senator will yield.
14 SENATOR AKSHAR: Thank you,
15 Madam President.
16 Through you, would the sponsor --
17 can the sponsor define what exactly a chokehold
18 is, or point me in the direction where I find the
19 definition of a chokehold?
20 SENATOR BENJAMIN: The definition
21 of the chokehold is in the Executive Law,
22 Section 837-T. It's actually in the bill 6607B,
23 where -- and it's defined as an act where there
24 is a criminal obstruction of breathing or blood
25 circulation, and it's defined in that manner.
1731
1 SENATOR AKSHAR: Madam President,
2 through you, if the sponsor would continue to
3 yield.
4 SENATOR BENJAMIN: The sponsor
5 yields, yes.
6 ACTING PRESIDENT MAYER: The
7 sponsor yields.
8 SENATOR AKSHAR: Thank you,
9 Madam President. Through you.
10 I want to talk specifically to the
11 sponsor -- and we spoke about this earlier in a
12 committee meeting, about the defense of
13 justification. As I said in the committee
14 meeting earlier, my concern with this particular
15 piece of legislation is that I would want to be
16 assured that if a member of law enforcement found
17 themselves in a position in which this was a life
18 or death situation and the only thing that member
19 of law enforcement could do was to apply a
20 chokehold to save his or her life or the life of
21 another, would that member of law enforcement
22 have the defense of justification?
23 SENATOR BENJAMIN: I apologize, can
24 you repeat that?
25 SENATOR AKSHAR: Would that member
1732
1 who applied the chokehold have the defense of
2 justification?
3 SENATOR BENJAMIN: Yes. Under
4 section 35.30 of the Penal Law, it is very clear
5 that a police officer will have that
6 justification, yes.
7 SENATOR AKSHAR: Madam President,
8 through you, if the sponsor would continue to
9 yield.
10 ACTING PRESIDENT MAYER: Does the
11 sponsor yield?
12 SENATOR BENJAMIN: Yes.
13 SENATOR AKSHAR: I draw your
14 attention to section -- I just want to talk a
15 little bit about the language in the bill that
16 talks about the affirmative defense where the
17 defendant performed the conduct for a valid
18 medical reason or a dental purpose. That -- how
19 does that -- what would happen in that situation
20 regarding that affirmative defense?
21 SENATOR BENJAMIN: -- aware that
22 the law enforcer is putting pressure on that
23 person's neck, it defines where that's allowed.
24 SENATOR AKSHAR: I'm sorry,
25 Madam President, if the medical professional or
1733
1 the dental professional was applying pressure to
2 one's neck, they would have the defense?
3 SENATOR BENJAMIN: No, the police
4 officer. Yes, if the police officer was applying
5 the pressure on someone's neck.
6 SENATOR AKSHAR: We will be --
7 Madam President, through you, if the sponsor
8 would continue to yield.
9 ACTING PRESIDENT MAYER: Will the
10 sponsor yield?
11 SENATOR BENJAMIN: Yes.
12 ACTING PRESIDENT MAYER: The
13 sponsor yields.
14 SENATOR AKSHAR: So it's the
15 sponsor's position that in the event a member of
16 law enforcement found themselves in a situation
17 in which he or she had to apply this chokehold --
18 which by the way, I think we both know
19 specifically around the Division of Criminal
20 Justice Services, in their training curriculum,
21 they no longer promote the chokehold. I think
22 that that was stopped in the training curriculum
23 several years ago. Many police departments
24 throughout this great state have banned the use
25 of a chokehold.
1734
1 But for my own mind, let me use the
2 example of the Brooklyn cop, just a few days ago,
3 that was stabbed in the neck. If he found
4 himself not being able to -- the only way that he
5 could have responded to that attack was to grab
6 that person around the neck or apply a chokehold
7 to stop him from stabbing him or stabbing his
8 partner, that particular member of law
9 enforcement would have had the defense of
10 justification?
11 SENATOR BENJAMIN: That is correct.
12 But let me also add that the
13 chokehold has been banned by police departments
14 all over the state. However, it still has been
15 used. And in the case of Eric Garner, that
16 chokehold did not lead to an arrest. As a matter
17 of fact, it took about six years for Officer
18 Pantaleo to only lose his job.
19 And so one of the things we wanted
20 to make sure that we did with this bill was that
21 we took out any discretion as it relates to the
22 chokehold. We wanted to specifically criminalize
23 it and to have a penalty particularly attached to
24 it as it relates to police officers in the line
25 of duty.
1735
1 And so that is something I want to
2 make sure that is part of this conversation,
3 because it has been banned but there isn't -- it
4 isn't sort of criminally specifically defined, we
5 have to do that here in order to make sure that
6 there's accountability with police departments
7 around the state.
8 SENATOR AKSHAR: Madam President,
9 through you, if the sponsor would continue to
10 yield.
11 SENATOR BENJAMIN: Yes.
12 ACTING PRESIDENT MAYER: Does the
13 sponsor yield? The sponsor yields.
14 SENATOR AKSHAR: How would the
15 crime of strangulation -- how would a regular
16 citizen be affected by the crime of strangulation
17 who found themselves in a similar situation in
18 which that citizen of this great state was
19 authorized to use deadly physical force, and
20 that's what that citizen employed to save his
21 life, his or her life?
22 SENATOR BENJAMIN: So self-defense
23 applies to any individual in that -- in that --
24 in that case. And if in the situation where a
25 citizen actually used strangulation in a way
1736
1 that -- where self defense didn't apply, it
2 actually will be -- you actually would be charged
3 on the strangulation, which is what, 121.13.
4 So this is just creating a level of
5 aggravated strangulation, which would
6 specifically deal with police officer activity in
7 this manner.
8 SENATOR AKSHAR: Madam President,
9 through you, if the sponsor would continue to
10 yield.
11 ACTING PRESIDENT MAYER: Does the
12 sponsor yield?
13 SENATOR BENJAMIN: Yes.
14 ACTING PRESIDENT MAYER: The
15 sponsor yields.
16 SENATOR AKSHAR: And what level
17 crime is that for an average citizen.
18 SENATOR BENJAMIN: Class C, a Class
19 C violent felony.
20 SENATOR AKSHAR: So both these
21 crimes, aggravated strangulation and
22 strangulation in the first degree, are both
23 violent C felonies.
24 SENATOR BENJAMIN: Correct.
25 SENATOR AKSHAR: Madam President,
1737
1 through you, if the sponsor would continue to
2 yield.
3 ACTING PRESIDENT MAYER: Would the
4 sponsor yield?
5 SENATOR BENJAMIN: Yes.
6 ACTING PRESIDENT MAYER: The
7 sponsor yields.
8 SENATOR AKSHAR: I just want to
9 talk about --
10 SENATOR BENJAMIN: I'm sorry, if I
11 could add --
12 SENATOR AKSHAR: Of course.
13 SENATOR BENJAMIN: -- one
14 provision, which is that with strangulation, the
15 result is serious physical injury, whereas with
16 aggravated strangulation, the result is either
17 serious physical injury or murder.
18 So I just wanted to -- that's the
19 one little nuance, but I just want to add that.
20 SENATOR AKSHAR: Will you still
21 yield?
22 SENATOR BENJAMIN: Of course.
23 SENATOR AKSHAR: Thank you.
24 You spoke about the Eric Garner case
25 in New York City. I read the sponsor's memo.
1738
1 Between 2009 and 2013, there were nine complaints
2 by the Civilian Complaint Review Board against
3 the NYPD specific to chokeholds. Is the sponsor
4 aware of how many complaints regarding chokeholds
5 were filed between that -- between 2009 and 2013?
6 SENATOR BENJAMIN: No, I'm not
7 aware.
8 SENATOR AKSHAR: Okay. Through
9 you, Madam President, if the sponsor will
10 continue to yield.
11 ACTING PRESIDENT MAYER: Will the
12 sponsor yield?
13 SENATOR BENJAMIN: Yes.
14 ACTING PRESIDENT MAYER: The
15 sponsor yields.
16 SENATOR AKSHAR: This question or
17 this line of questioning is I guess somewhat
18 hypothetical. However, I know that -- I know the
19 direction that this house and the Assembly are
20 moving in throughout the balance of the week.
21 I want to specifically ask a
22 question about process post-case or post when
23 somebody deployed a chokehold, specifically
24 around what would happen to the police officer in
25 the event that he or she used a chokehold and
1739
1 that resulted in the death of either an armed or
2 unarmed civilian.
3 SENATOR BENJAMIN: The person would
4 be charged by the district attorney, and in that
5 case they would have access to this defense.
6 SENATOR AKSHAR: Madam President,
7 through you, if the sponsor would continue to
8 yield.
9 ACTING PRESIDENT MAYER: Will the
10 sponsor yield?
11 SENATOR BENJAMIN: Yes.
12 ACTING PRESIDENT MAYER: Yes, the
13 sponsor yields.
14 SENATOR AKSHAR: Under the current
15 statutory framework, the district attorney would
16 make that determination.
17 SENATOR BENJAMIN: Right.
18 SENATOR AKSHAR: But we are going
19 in such a direction in which these houses, both
20 houses in the State Legislature will pass a bill
21 that would automatically require the Attorney
22 General to investigate those complaints.
23 And really, I'll just -- I think
24 I'll cut to the chase in terms of the question.
25 Would the Attorney General in this particular
1740
1 case automatically charge someone? Or would the
2 Attorney General have the ability to make a
3 determination, after reviewing the facts of the
4 case, whether or not that member of law
5 enforcement in fact should be charged with the
6 crime of aggravated strangulation?
7 SENATOR BENJAMIN: The Attorney
8 General, like any current DA, could do their own
9 investigation and make their own determination on
10 the matter. So it would not be automatic.
11 SENATOR AKSHAR: Okay. I'm on the
12 bill, Madam President.
13 ACTING PRESIDENT MAYER: Senator
14 Akshar on the bill.
15 SENATOR AKSHAR: You know, I
16 struggle with this bill because, you know, at the
17 end of the day the men and women of law
18 enforcement I think to some degree are kind of
19 taking the brunt of the fire right now because of
20 everything that's going on throughout the nation.
21 And with this particular bill that
22 we're discussing today, you know, I take some
23 solace in the fact that DCJS no longer has this
24 particular chokehold in their training curriculum
25 or many police departments throughout this great
1741
1 state have banned its use.
2 The most important thing for me
3 really on this bill -- and as I walked into this
4 chamber, I was a hard no on this bill. And the
5 more I get to talk to the sponsor, I feel as
6 though you have reassured me that this will be no
7 different than any other case in which a member
8 of law enforcement in fact uses deadly physical
9 force, and it will be no different as a regular
10 district attorney making a determination whether
11 that use of force was justified or it was not.
12 I think the root cause of -- the
13 root cause and the reasons why we are all here --
14 my fear, of course, Madam President, is that
15 we're not going to legislate our way out of
16 systemic racism and systemic problems in this
17 nation. But again, I think that this is a
18 particular piece of legislation that I know is
19 incredibly important to the sponsor, it's
20 important to the Garner family. And I feel -- I
21 feel confident enough knowing that if in fact a
22 member of law enforcement needed to use this
23 technique to save his or her life, that they
24 would in fact be justified in doing so.
25 So when it comes time, I'll be
1742
1 voting in the affirmative.
2 ACTING PRESIDENT MAYER: Are there
3 any other Senators wishing to be heard?
4 Seeing and hearing none, debate is
5 closed. The Secretary will ring the bell.
6 Read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER:
13 Senator Bailey to explain his vote.
14 SENATOR BAILEY: Thank you,
15 Madam President.
16 I just wanted to briefly explain my
17 vote about why I believe this is such a critical
18 piece of legislation. I want to thank Leader
19 Stewart-Cousins for allowing this entire package
20 and this bill to come to the floor.
21 I want to thank Senator Benjamin for
22 living by the adage of God gave us two ears and
23 one mouth, to listen more than you talk. Senator
24 Benjamin, thank you for listening to the mothers
25 in the movement and understanding how critical
1743
1 this bill was and is to Sister Gwen Carr.
2 When I think about what happened in
3 Staten Island, I -- I get emotional because I'm a
4 parent and I couldn't imagine having to relive
5 the tragic death of my child over and over again
6 on television. But Gwen Carr, she turned that
7 tragedy to triumph, and she's taken that energy
8 and she's channeled it into activism.
9 I really want to let you know,
10 Ms. Carr, we appreciate what you've done and what
11 you do, and I appreciate this legislative body
12 for understanding the significance and importance
13 of a time in society when -- which is, quite
14 frankly, never -- we've never experienced
15 something like that in my 37 years.
16 So I just wanted to express my deep
17 appreciation once again for the sponsor of this
18 legislation and for this great body and for the
19 families. I vote aye.
20 ACTING PRESIDENT MAYER:
21 Senator Bailey to be recorded in the affirmative.
22 Senator Savino to explain her vote.
23 SENATOR SAVINO: Thank you,
24 Madam President.
25 I rise also, I want to thank Senator
1744
1 Benjamin for bringing forth this bill and for his
2 thoughtful approach to it. I want to thank
3 Senator Akshar for the debate on it and
4 clarifying what this bill actually does.
5 And I want to echo the comments of
6 Senator Bailey about Gwen Carr. So Eric Garner
7 was not just a Staten Islander, he was a
8 constituent of my district. His mother is one of
9 my constituents, his family was. And I've been
10 playing telephone tag with her today because she
11 knew this day is monumental.
12 It's something that she's been
13 working on, bringing to light reforms that will
14 make a profound difference in police-community
15 relations, and a real legacy for her son. And we
16 keep missing each other, because she's all over
17 the country. She's dedicated her life to trying
18 to find ways to improve those types of
19 relationships and better outcomes for everyone.
20 So we didn't actually get a chance to talk.
21 But Senator Bailey, you hit the nail
22 on the head. This is as much about the mothers
23 of the movement as it is anyone else -- women who
24 have decided to take a tragedy in their life and
25 turn it into creating better public policy that
1745
1 works for everyone. Not just being angry and
2 bitter about their loss, but making good public
3 policy changes that will improve conditions for
4 everyone -- for the community, for policing, for
5 their children, mostly for their children.
6 So I want to thank Senator Benjamin
7 and I want to thank Senator Stewart-Cousins for
8 bringing this bill to the floor today. The bill
9 is aptly named for Eric Garner, but this is
10 really for his mother, Gwen Carr, who is a
11 tireless advocate for police accountability and
12 reform. And this bill is one of those efforts
13 that she's responsible for.
14 Thank you, Madam President.
15 ACTING PRESIDENT MAYER: Senator
16 Savino to be recorded in the affirmative.
17 Senator Sepúlveda to explain his
18 vote.
19 SENATOR SEPÚLVEDA: Thank you,
20 Madam President, for allowing me to express --
21 explain my vote.
22 First of all, I want to express much
23 hope to Gwen Carr and the Garner family. I want
24 to thank the sponsor, Senator Benjamin. And I
25 also want to thank Senator Akshar for the debate,
1746
1 because Senator Akshar comes from a different
2 perspective than I do, he's a former law
3 enforcement -- formerly in law enforcement, and
4 sometimes in our deliberations and discussions he
5 helps me understand things from a different
6 perspective, and so I'm always grateful, always
7 grateful for that.
8 Today's vote on this bill, on the
9 Garner bill, is really a vote that explains the
10 missed opportunities that this state and this
11 country has had when it comes to police-civilian
12 relationships. We see now, with all the outrage
13 about the George Floyd death -- and I remember
14 incidents like these are where civilians,
15 innocent civilians, unarmed civilians have been
16 killed by members of the police department and
17 essentially nothing came of it. Perhaps rallies
18 and protests, but nothing substantive,
19 legislative, occurred.
20 And I believe this week we have
21 taken a new perspective. We've admitted that
22 there's a major divide, major issues between
23 communities of color, poor communities, and law
24 enforcement. And by no stretch of the
25 imagination do I believe that police officers are
1747
1 inherently evil. In fact, I think the majority
2 of them do great work and sacrifice their lives
3 every single day.
4 But unfortunately, there is a
5 significant number of incidents that have led to
6 not only the death of black and brown men and
7 women, but the utter humiliation, utter
8 humiliation of many of us.
9 I can speak with you from personal
10 experience. When I was 18 years old, I was
11 arrested because a police officer didn't like the
12 way I looked at him. I spent the night in
13 prison. Could have ruined my entire career. I
14 have a brother who was beaten up by a police
15 officer because he responded in a way that the
16 police officer didn't like.
17 My brother and I, when we became
18 grown men, we remember this. That is part of our
19 history. That is part of what teaches us and
20 drives us -- certainly me, the perspective I have
21 when I vote on bills like this, when I vote on
22 bills that will impact the relationship between
23 the community and the police department.
24 Now, we've been hearing a lot in the
25 last few days from some segments of society that
1748
1 these bills are anti-police bills. And I can't
2 think of anything that's further from the truth.
3 These are pro-police bills that will
4 certainly enhance and will focus on what we think
5 we should be focusing on when we talk about the
6 policemen and law enforcement, and that is to
7 focus on what is good about what they do, to
8 focus on the acts of kindness that you see, to
9 focus on the fact that they are here to protect
10 and serve and not to subjugate and humiliate.
11 And many of us in black and brown communities
12 have lived with that experience.
13 And so I am extremely proud that I
14 am here today, that I can vote on these package
15 of bills, on this particular bill, that I'm able
16 to vote on behalf of my community that has
17 suffered for many, many years of treatment from
18 police officers that should never happen in our
19 society.
20 And so with that, I proudly vote in
21 the affirmative and look forward to voting for
22 the rest of the packages that are coming this
23 week.
24 Thank you.
25 ACTING PRESIDENT MAYER: Senator
1749
1 Sepúlveda to be recorded in the affirmative.
2 Senator Liu to explain his vote.
3 SENATOR LIU: Thank you,
4 Madam President.
5 I just wanted to take a brief moment
6 to say how proud I am that this bill has finally
7 reached the Legislature.
8 Like Senator Savino, I do want to
9 thank Gwen Carr, the mother of the late Eric
10 Garner, for her unwavering dedication and
11 advocacy for this and other bills. I've often
12 said that if the officers that were responsible
13 for Eric Garner's death had faced some kind of
14 accountability, then maybe Derek Chauvin and his
15 colleagues might have had second thoughts about
16 what they did to George Floyd.
17 We need to make sure that there's
18 accountability for people who do the wrong thing,
19 and that includes police officers. And choking
20 another human being to death is just not the
21 right thing to do in any circumstance.
22 I proudly vote yes on this bill and
23 thank Senator Bailey for his leadership in this.
24 Thank you.
25 ACTING PRESIDENT MAYER: Senator
1750
1 Liu to be recorded in the affirmative.
2 Senator Bailey to explain his --
3 Benjamin to explain his vote.
4 SENATOR BENJAMIN: I'll happily
5 hear from Senator Bailey again if that was the
6 desire of the president.
7 (Laughter.)
8 ACTING PRESIDENT MAYER: My
9 apologies.
10 SENATOR BENJAMIN: No problem. No
11 problem. Happy to get my chance to say a few
12 words.
13 First, I want to say I actually
14 spoke earlier with Gwen Carr, so when Diane was
15 calling her, she probably was on the phone with
16 me. So I apologize for that, Diane.
17 But I spoke to Gwen Carr because I
18 wanted her to know, on this important day in the
19 New York State Legislature, that she was finally
20 getting a piece, a piece -- not what she
21 deserves, but a piece of justice for Eric Garner.
22 This bill is proudly known as the
23 Eric Garner Anti-Chokehold Bill. And she
24 actually shared with me a few words that I want
25 to share on her behalf. She is presently in
1751
1 Houston for the funeral of George Floyd, who also
2 was killed through application of pressure to his
3 neck. And so she made the following comments.
4 She said: "I am very appreciative
5 of the Eric Garner Anti-Chokehold Bill passing in
6 the chamber today. It is a good start.
7 "However, I'm concerned about a
8 police officer complaining that he feared for his
9 life in order to use the chokehold. I would like
10 for us to follow up on this with more
11 stipulations on the use of the fear-for-your-life
12 defense. A lot of cops see fear when they
13 approach a black man, and I don't want that
14 defense to be used so freely."
15 Those are the words of Gwen Carr.
16 Let me start by saying
17 Senator Akshar made a comment that we cannot
18 legislate our way out of systemic racism. I
19 agree with him on that. We cannot legislate our
20 way out of systemic racism. What we have to do
21 are a few things -- make sure there's
22 accountability across the board for everyone with
23 discretionary power.
24 And what is clear is that we give
25 our police officers enormous power. They have
1752
1 the power to take life in order to protect the
2 general public. This power cannot be taken
3 lightly, because if systemic racism is embedded
4 throughout our society, then it is without
5 question also embedded within the police
6 department. And it is hard to expect police to
7 police themselves; that is why we have laws.
8 And so one of the things that this
9 bill actually does is says the NYPD, for
10 example -- that's the -- that's my local police
11 department -- you've banned the chokehold.
12 However, because it's not criminalized, there's
13 some sense that discretion is possible, that
14 people can use it for a range of reasons.
15 Because while you've banned it, you know that
16 you're not ever going to really get charged
17 because, you know, the head of -- the police
18 chief will never send you to the district
19 attorney. There will be some sort of way in
20 which it will get sort of swept under the rug
21 somehow.
22 That is the sentiment of the general
23 public. And when they see case after case where
24 these things happen, most notably Eric Garner, it
25 creates more tension. And so what we want to do
1753
1 is make sure that there is accountability, that
2 it's very clear, it's not confusing.
3 If you use the chokehold in a way
4 that does not protect your life, right -- we have
5 all the defenses satisfied -- you have committed
6 a serious physical injury to someone or you've
7 killed them, that is a Class C violent felony
8 subject up to 15 years in jail, period. No
9 ambiguity. No, well, let's see what various
10 people have to say about it. It is in the law.
11 That is what we're doing here today.
12 And I cannot be prouder of my
13 colleagues for standing up and saying: Let's do
14 this. This entire package of bills is all about
15 police accountability. When we talk about other
16 issues, we'll talk about other issues.
17 I'm glad that we talked about
18 systemic racism, because that needs to be
19 addressed in our housing policy, that needs to be
20 addressed in our education policy, it needs to be
21 addressed in our health policy, it needs to be
22 addressed across the board. And I look forward
23 to working with everyone in doing that.
24 Let's -- let's -- let's accept that
25 systemic racism must be rooted out and we have
1754
1 to, as a body, look at all the different places
2 where systemic racism rears its ugly head and
3 make the tough decisions to come out of our own
4 skin and make the tough real decisions that makes
5 New York State a place that we can all be proud
6 of.
7 We don't want to have protests and
8 looting and rioting in our cities across this
9 country. But if we are not doing the right thing
10 as legislators and leaders, then we're part of
11 the blame. And so I'm glad that we here today
12 are saying, You know what, we're going to do some
13 things that make our society safer. And part of
14 that is by giving the community hopefully just
15 some more trust in the system that is set up to
16 keep us safe.
17 And that's what this bill does, and
18 I am honored to carry this bill. And I will
19 continue to do everything I can to represent the
20 district that I serve and the people that I
21 serve. I'm a proud black man. I'm glad that my
22 mom had the -- had the idea of having me. And I
23 am so honored to serve in my skin. I know many
24 of us are so happy to serve in our skin. And we
25 should do that. We should all be proud of who we
1755
1 are. Whatever race we are, we should be proud of
2 it.
3 But we have to make sure that we are
4 providing safety for everyone. And we
5 unfortunately have not been providing safety for
6 African-Americans in this country, period. And
7 what this bill does, along with other bills that
8 we're doing, thanks to Senator Jamaal Bailey --
9 what this bill does, it says you know what, we're
10 going to try to move closer to a system where
11 everyone feels safe in this country.
12 Thank you.
13 ACTING PRESIDENT MAYER: Senator
14 Benjamin to be recorded in the affirmative.
15 Announce the results.
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 Senator Gianaris, that completes the
20 reading of the controversial calendar.
21 SENATOR GIANARIS: Is there any
22 further business at the desk, Madam President?
23 ACTING PRESIDENT MAYER: There is
24 no further business at the desk.
25 SENATOR GIANARIS: I move to
1756
1 adjourn until tomorrow, June 9th, at
2 11:00 a.m.
3 ACTING PRESIDENT MAYER: On motion,
4 the Senate stands adjourned until tomorrow at
5 11:00 a.m.
6 (Whereupon, at 5:53 p.m., the Senate
7 adjourned.)
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