Regular Session - June 14, 2018

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		                                                               3845

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    June 14, 2018

11                     11:59 a.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23

24

25


                                                               3846

 1                P R O C E E D I N G S

 2                ACTING PRESIDENT GRIFFO:   Session 

 3   will come to order.

 4                I ask all present to please rise 

 5   and, on this Flag Day, join with me as we recite 

 6   the Pledge of Allegiance to our Flag.  

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   In the 

10   absence of clergy, I ask all present to please 

11   bow your heads in a moment of silent prayer 

12   and/or reflection.

13                (Whereupon, the assemblage respected 

14   a moment of silence.)

15                ACTING PRESIDENT GRIFFO:   The 

16   reading of the Journal.

17                THE SECRETARY:   In Senate, 

18   Wednesday, June 13th, the Senate met pursuant to 

19   adjournment.  The Journal of Tuesday, June 12th, 

20   was read and approved.  On motion, Senate 

21   adjourned.

22                ACTING PRESIDENT GRIFFO:   Without 

23   objection, the Journal stands approved as read.

24                Presentation of petitions.  

25                Messages from the Assembly.


                                                               3847

 1                The Secretary will read.

 2                THE SECRETARY:   On page 58, Senator 

 3   Bonacic moves to discharge, from the Committee on 

 4   Rules, Assembly Bill Number 10365 and substitute 

 5   it for the identical Senate Bill 8324, Third 

 6   Reading Calendar 1325.

 7                On page 61, Senator DeFrancisco 

 8   moves to discharge, from the Committee on 

 9   Finance, Assembly Bill Number 8156 and substitute 

10   it for the identical Senate Bill 6452, Third 

11   Reading Calendar 1371.

12                ACTING PRESIDENT GRIFFO:   The 

13   substitutions are so ordered.

14                Messages from the Governor.

15                Reports of standing committees.

16                Reports of select committees.

17                Communications and reports from 

18   state officers.

19                Motions and resolutions.

20                Senator DeFrancisco.

21                SENATOR DeFRANCISCO:   I'd like to 

22   call up Senator LaValle's bill, Print 6353, 

23   recalled from the Assembly, which is now at the 

24   desk.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               3848

 1   Secretary will read.

 2                THE SECRETARY:   Calendar Number 

 3   1264, by Senator LaValle, Senate Print 6353, an 

 4   act to amend the Environmental Conservation Law.

 5                SENATOR DeFRANCISCO:   I now move to 

 6   reconsider the vote by which the bill was passed.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll on reconsideration.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 50.

11                SENATOR DeFRANCISCO:   I now offer 

12   the following amendments.

13                ACTING PRESIDENT GRIFFO:   The 

14   amendments are received.

15                SENATOR DeFRANCISCO:   On page 62, I 

16   offer the following amendments to Calendar 1387, 

17   Senate Print 7940A, by Senator Seward, and ask 

18   that this bill retain its place on the 

19   Third Reading Calendar.

20                ACTING PRESIDENT GRIFFO:   The 

21   amendments are received, and the bill shall 

22   retain its place on third reading.

23                SENATOR DeFRANCISCO:   On page 50, I 

24   offer the following amendments to Calendar 1219, 

25   Senate Print 692C, by Senator Ortt, and ask that 


                                                               3849

 1   said bill retain its place on the Third Reading 

 2   Calendar.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   amendments are received, and the bill shall 

 5   retain its place on third reading.

 6                SENATOR DeFRANCISCO:   On page 55, I 

 7   offer the following amendments to Calendar 1291, 

 8   Senate Print 7262, by Senator Murphy, and ask 

 9   that said bill retain its place on the Third 

10   Reading Calendar.

11                ACTING PRESIDENT GRIFFO:   The 

12   amendments are received, and the bill shall 

13   retain its place on third reading.

14                SENATOR DeFRANCISCO:   Please 

15   recognize Senator Klein.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Klein.

18                SENATOR KLEIN:   Mr. President, on 

19   behalf of myself, on page 9 I offer the following 

20   amendments to Calendar Number 214, Senate Print 

21   Number 6953, and ask that said bill retain its 

22   place on Third Reading Calendar.

23                ACTING PRESIDENT GRIFFO:   The 

24   amendments are received, and the bill shall 

25   retain its place on third reading.


                                                               3850

 1                Senator DeFrancisco.

 2                SENATOR DeFRANCISCO:   Yes, I'd like 

 3   to move to adopt the Resolution Calendar, with no 

 4   exceptions.

 5                ACTING PRESIDENT GRIFFO:   All in 

 6   favor of adopting the Resolution Calendar 

 7   indicate by saying aye.

 8                (Response of "Aye.")

 9                ACTING PRESIDENT GRIFFO:   Opposed?  

10                (No response.)

11                ACTING PRESIDENT GRIFFO:   The 

12   Resolution Calendar has been adopted.

13                Senator DeFrancisco.

14                SENATOR DeFRANCISCO:   Now can we 

15   take up previously adopted Resolution 5669, by 

16   Senator Persaud, title only, and call on 

17   Senator Larkin to speak.

18                ACTING PRESIDENT GRIFFO:   The 

19   Secretary will read.

20                THE SECRETARY:   Legislative 

21   Resolution Number 5669, by Senator Persaud, 

22   commemorating June 14, 2018, as Flag Day.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Larkin.

25                SENATOR LARKIN:   Thank you, 


                                                               3851

 1   Mr. President.

 2                Flag Day, huh?  How many flags did 

 3   we see on stores and -- and members?  Knowing 

 4   that this is a long, long line.  It started years 

 5   and years ago.  At first it didn't go much until 

 6   President Woodrow Wilson made it a specific day.  

 7   And then later on, the date was changed and made 

 8   a permanent date by President Truman in 1949, 

 9   that June 14th would be the date of Flag Day of 

10   the United States of America.

11                This flag represents not just a 

12   flag.  And I know that some of you don't embrace 

13   the tone of what it means.  Every military 

14   station today you will see the troops getting up 

15   at 5 o'clock, going out and doing physical 

16   fitness and then taking a stand of reveille, 

17   reveille meaning get up and get moving.  And then 

18   these troops take the first time out and salute 

19   the flag, proudly defending you and I.

20                This flag is not just a piece of 

21   material, it is something in our nation that says 

22   this is us, the United States of America.  And if 

23   you don't like it, go to hell.  Because there's a 

24   lot of us that have spent time in combat so that 

25   you can have a negative attitude.


                                                               3852

 1                The flag of the United States of 

 2   America.  Thank God we have it, thank God for 

 3   those who respect it.  And thank God for those 

 4   who have given their lives in service of this 

 5   type.

 6                Thank you very much, Mr. President.

 7                ACTING PRESIDENT GRIFFO:   Thank 

 8   you, Senator Larkin.

 9                Senator DeFrancisco.

10                SENATOR DeFRANCISCO:   I'd just like 

11   to point out something that happened the last 

12   couple of days relevant to this.  

13                Senator Larkin not only talks the 

14   talk, he walks the walk.  I was here yesterday, I 

15   didn't have a lapel pin with a flag on it, and he 

16   said to me:  "You'd better have a flag pin on 

17   tomorrow."  And guess what?  The first thing I 

18   saw him this morning, I didn't have a flag pin 

19   on.  And he pulls one out of his pocket, and I've 

20   got it.  And I'm wearing it.  

21                And the only reason I mention it is 

22   not only to show the true nature of Senator 

23   Larkin, but also to indicate that I'm a veteran.  

24   And I served during the Vietnam War era -- I 

25   didn't go to combat, thank God -- and I still 


                                                               3853

 1   forget doing it.  And I still don't do what I 

 2   should do to provide honor for the flag that so 

 3   many people fought for representing our country.

 4                So thank you, Senator Persaud, for 

 5   the resolution.  It's an important one.  Thank 

 6   you, Senator Larkin, for your constant reminders 

 7   on and off the Senate floor of how important our 

 8   military, our flag, and our country are to all of 

 9   us.  

10                Thank you.

11                ACTING PRESIDENT GRIFFO:   Thank 

12   you, Senator DeFrancisco.  

13                As indicated, the resolution has 

14   been previously adopted on June 12th.  It is open 

15   for cosponsorship.  If you choose to be a 

16   cosponsor, please notify the desk.

17                Senator DeFrancisco.

18                SENATOR DeFRANCISCO:   Yes, there's 

19   a hand-up at the desk by Senator Flanagan making 

20   committee assignments.  Do you have that?  

21                ACTING PRESIDENT GRIFFO:   The 

22   hand-up is received and will be filed in the 

23   Journal.

24                SENATOR DeFRANCISCO:   Thank you.  

25   At this point I'd like to call an immediate 


                                                               3854

 1   meeting of the Rules Committee in Room 332.

 2                ACTING PRESIDENT GRIFFO:   There is 

 3   an immediate meeting of the Rules Committee in 

 4   Room 332.  

 5                The Senate will stand at ease.

 6                (Whereupon, the Senate stood at ease 

 7   at 12:08 p.m.)

 8                (Whereupon, the Senate reconvened at 

 9   12:29 p.m.)

10                ACTING PRESIDENT GRIFFO:   The 

11   Senate will return to order.

12                Senator DeFrancisco.

13                SENATOR DeFRANCISCO:   I understand 

14   there's a report of the Rules Committee at the 

15   desk.

16                ACTING PRESIDENT GRIFFO:   There is 

17   a Rules Committee report at the desk, and the 

18   Secretary will read.

19                THE SECRETARY:   Senator Flanagan, 

20   from the Committee on Rules, reports the 

21   following bills:  

22                Senate Print 1330A, by Senator 

23   Valesky, an act to amend the State Finance Law; 

24                Senate 1862A, by Senator Golden, an 

25   act to amend the Civil Service Law; 


                                                               3855

 1                Senate 2412D, by Senator 

 2   DeFrancisco, an act to amend the Judiciary Law; 

 3                Senate 2538A, by Senator Griffo, an 

 4   act to amend the Vehicle and Traffic Law; 

 5                Senate 3502, by Senator DeFrancisco, 

 6   an act to amend the State Law; 

 7                Senate 3541, by Senator Lanza, an 

 8   act to amend the Public Health Law; 

 9                Senate 3644, by Senator Parker, an 

10   act to amend the Public Service Law; 

11                Senate 5489B, by Senator Parker, an 

12   act to amend the Tax Law; 

13                Senate 5631B, by Senator 

14   DeFrancisco, an act to amend the Vehicle and 

15   Traffic Law; 

16                Senate 6274, by Senator Lanza, an 

17   act to amend Chapter 154 of the Laws of 1921; 

18                Senate 6475A --

19                ACTING PRESIDENT GRIFFO:   Can I 

20   have some order, please.

21                The Secretary will continue.

22                THE SECRETARY:   Senate 6475A, by 

23   Senator O'Mara, an act to direct; 

24                Senate 6622A, by Senator 

25   Ranzenhofer, an act to amend the General 


                                                               3856

 1   Municipal Law; 

 2                Senate 6666, by Senator Amedore, an 

 3   act to amend the Workers' Compensation Law; 

 4                Senate 7018, by Senator Persaud, an 

 5   act to amend the Public Service Law; 

 6                Senate 7397A, by Senator 

 7   Ranzenhofer, an act to amend the Tax Law; 

 8                Senate 7561A, by Senator O'Mara, an 

 9   act to amend the Tax Law; 

10                Senate 7815, by Senator Ranzenhofer, 

11   an act to amend the Tax Law; 

12                Senate 7965, by Senator Breslin, an 

13   act to amend Chapter 454 of the Laws of 2010; 

14                Senate 7990, by Senator Carlucci, an 

15   act to amend the Real Property Tax Law; 

16                Senate 8127, by Senator Kaminsky, an 

17   act authorizing; 

18                Senate 8193, by Senator Addabbo, an 

19   act to amend the Environmental Conservation Law; 

20                Senate 8560A, by Senator Murphy, an 

21   act to amend the Alcoholic Beverage Control Law; 

22                Senate 8639C, by Senator LaValle, an 

23   act to amend the Education Law; 

24                Senate 8749, by Senator SepĂșlveda, 

25   an act to amend the Education Law; 


                                                               3857

 1                Senate 8769, by Senator Ortt, an act 

 2   to amend the Mental Hygiene Law; 

 3                Senate 8823, by Senator Felder, an 

 4   act to amend the Education Law; 

 5                Senate 8830, by Senator Seward, an 

 6   act to amend the Agriculture and Markets Law; 

 7                And Senate 8955, by Senator Ortt, an 

 8   act to amend the Public Health Law.

 9                All bills reported direct to third 

10   reading.

11                SENATOR DeFRANCISCO:   I move to 

12   accept the report of the Rules Committee.

13                ACTING PRESIDENT GRIFFO:   All in 

14   favor of accepting the Committee on Rules report 

15   signify by saying aye.

16                (Response of "Aye.")

17                ACTING PRESIDENT GRIFFO:   Opposed?  

18                (No response.)

19                ACTING PRESIDENT GRIFFO:   The 

20   Rules Committee report is accepted and before the 

21   house.

22                Senator DeFrancisco.

23                SENATOR DeFRANCISCO:   Can we now go 

24   to messages from the Assembly.

25                ACTING PRESIDENT GRIFFO:   We will 


                                                               3858

 1   return to messages from the Assembly, and the 

 2   Secretary will read.

 3                THE SECRETARY:   Senator Valesky 

 4   moves to discharge, from the Committee on 

 5   Finance, Assembly Bill Number 7819A and 

 6   substitute it for the identical Senate 

 7   Bill 1330A, Third Reading Calendar 1781.

 8                Senator Parker moves to discharge, 

 9   from the Committee on Energy and 

10   Telecommunications, Assembly Bill Number 2451 and 

11   substitute it for the identical Senate Bill 3644, 

12   Third Reading Calendar 1787.

13                Senator Parker moves to discharge, 

14   from the Committee on Investigations and 

15   Government Operations, Assembly Bill Number 2788B 

16   and substitute it for the identical Senate Bill 

17   5489B, Third Reading Calendar 1788.

18                Senator Lanza moves to discharge, 

19   from the Committee on Corporations, Authorities 

20   and Commissions, Assembly Bill Number 6991 and 

21   substitute it for the identical Senate Bill 6274, 

22   Third Reading Calendar 1790.

23                Senator Breslin moves to discharge, 

24   from the Committee on Rules, Assembly Bill Number 

25   10058 and substitute it for the identical Senate 


                                                               3859

 1   Bill 7965, Third Reading Calendar 1798.

 2                Senator Carlucci moves to discharge, 

 3   from the Committee on Local Government, 

 4   Assembly Bill Number 9729 and substitute it for 

 5   the identical Senate Bill 7990, Third Reading 

 6   Calendar 1799.

 7                Senator SepĂșlveda moves to 

 8   discharge, from the Committee on Education, 

 9   Assembly Bill Number 381 and substitute it for 

10   the identical Senate Bill 8749, Third Reading 

11   Calendar 1804.

12                And Senator Ortt moves to discharge, 

13   from the Committee on Rules, Assembly Bill Number 

14   9868 and substitute it for the identical Senate 

15   Bill 8955, Third Reading Calendar 1808.

16                ACTING PRESIDENT GRIFFO:   The 

17   substitutions are so ordered.

18                Senator DeFrancisco.

19                SENATOR DeFRANCISCO:   Yes, can we 

20   go back to motions and resolutions, please.

21                ACTING PRESIDENT GRIFFO:   We will 

22   return to motions and resolutions.

23                Senator DeFrancisco.

24                SENATOR DeFRANCISCO:   On page 41, I 

25   offer the following amendments to Calendar 1009, 


                                                               3860

 1   Senate Print 8229, by Senator Lanza, and ask that 

 2   said bill retain its place on the Third Reading 

 3   Calendar.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   amendments are received, and the bill shall 

 6   retain its place on third reading.

 7                SENATOR DeFRANCISCO:    

 8   Mr. President, in addition to the active list of 

 9   today we now have a supplemental calendar, 55A, 

10   that is comprised of the bills that just came 

11   from the Senate Rules Committee.  I'd request, 

12   off of that calendar, that you'd call up 1783 for 

13   action.

14                ACTING PRESIDENT GRIFFO:   The 

15   Senate will operate from Senate Supplemental 

16   Calendar 55A, and the Secretary will read at the 

17   request of the Floor Leader.

18                THE SECRETARY:   Calendar Number 

19   1783, by Senator DeFrancisco, Senate Print 

20   2412D --

21                SENATOR KLEIN:   Lay it aside.

22                ACTING PRESIDENT GRIFFO:   Lay it 

23   aside.

24                SENATOR DeFRANCISCO:   Take up the 

25   controversial reading, please.


                                                               3861

 1                ACTING PRESIDENT GRIFFO:   The 

 2   Secretary will ring the bell.  

 3                And the Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   1783, by Senator DeFrancisco, Senate Print 2412D, 

 6   an act to amend the Judiciary Law.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Kaminsky.

 9                SENATOR KAMINSKY:   Will the sponsor 

10   yield?  

11                ACTING PRESIDENT GRIFFO:   Senator 

12   DeFrancisco, do you yield?  

13                SENATOR DeFRANCISCO:   Yes, I will.

14                SENATOR KAMINSKY:   Will the sponsor 

15   please give an explanation and explain why he's 

16   calling this first as part of that explanation.

17                SENATOR DeFRANCISCO:   An 

18   explanation of what?

19                ACTING PRESIDENT GRIFFO:   Could you 

20   explain that -- say that again, I'm sorry.  

21                Could I just have some -- a little 

22   more quiet in the house, I know we have a lot of 

23   visitors and staff moving around, so the members 

24   can hear each other?  

25                Senator Kaminsky, could you please 


                                                               3862

 1   repeat.

 2                SENATOR KAMINSKY:   Through you, 

 3   Mr. President, I request that the sponsor explain 

 4   what this bill would do and include, as part of 

 5   that explanation, why he called it first among 

 6   all the other bills today.

 7                SENATOR DeFRANCISCO:   I called it 

 8   first among all the bills today because it's the 

 9   most important bill on the calendar, that I've 

10   been working on for year after year after year.  

11   And I've had the opportunity to get this bill on 

12   the calendar -- this is the first time.  And it's 

13   such an important bill that I think, on a getaway 

14   day, it's important that as many people be here 

15   as possible to make a vote on it.

16                The bill itself is a bill that is 

17   modeled after the Judicial Conduct Commission.  

18   And basically what it does is it gives the 

19   general public the opportunity to make a 

20   complaint of what they may believe is 

21   prosecutorial misconduct to review by an 

22   independent body to determine whether any 

23   consequences, if proven, should be imposed as a 

24   result of misconduct and, conversely, to 

25   exonerate anybody from any potential allegations 


                                                               3863

 1   of misconduct.  

 2                And that's exactly what the Judicial 

 3   Conduct Commission does.  The Judicial Conduct 

 4   Commission was started in the 1970s, and I 

 5   remember -- right now there's such an outcry by 

 6   prosecutors that the world is going to come to an 

 7   end, that they should not be reviewed, that they 

 8   are always ethical and forthright, and that this 

 9   is going to interfere with the operation of their 

10   business.  Exactly what the judges said in the 

11   1970s.  

12                And what's happened with this 

13   independent body is that people can get an 

14   independent review if the judge is guilty of 

15   misconduct.  Recently there was a judge that was 

16   removed or recommended to be removed in 

17   Rochester.  But by and large, most every one of 

18   these allegations end up in no action.  So 

19   they're exonerated many, many more times than any 

20   kind of action is being requested.  

21                So this would provide that same 

22   process.  Why is it needed?  Well, I'm sure 

23   someone in my office is going to bring me down 

24   specific examples.  And those specific 

25   examples  -- I'll give you general examples -- 


                                                               3864

 1   there's many cases where individuals are 

 2   convicted of crimes as heinous as murder and 

 3   spent 10, 20 years in jail and are found later -- 

 4   and they were found later because of DNA 

 5   evidence -- that they weren't the guilty party.

 6                So then they go to the State of 

 7   New York and the Court of Claims, bring a 

 8   lawsuit, and the state and our taxpayers have to 

 9   pay millions of dollars for that misconduct.  

10   Usually it's withholding exculpatory information, 

11   information that would help the defense.  And by 

12   law, they're supposed to provide that.  

13                Now, 99 percent of the prosecutors 

14   are good prosecutors and would not do these types 

15   of things.  I felt I was a good assistant DA when 

16   I was doing this in Syracuse, New York.  But it's 

17   the outliers that there ought to be an ability to 

18   at least make a complaint, have it reviewed, and 

19   determine under the same process as the judicial 

20   conduct bill.  

21                SENATOR KAMINSKY:   Will the sponsor 

22   continue to yield? 

23                ACTING PRESIDENT GRIFFO:   Sponsor, 

24   do you yield?  

25                SENATOR DeFRANCISCO:   Yes.


                                                               3865

 1                ACTING PRESIDENT GRIFFO:   The 

 2   sponsor yields.

 3                SENATOR KAMINSKY:   Would defendants 

 4   be able to bring claims before the tribunal 

 5   during a pending case, meaning before it has 

 6   concluded?

 7                SENATOR DeFRANCISCO:   You could 

 8   bring -- there's no time limit as far as when 

 9   somebody can bring a complaint.  However, every 

10   part of the prosecutorial conduct commission's 

11   interactions or workings is confidential, 

12   including all documents that would have to be 

13   reviewed.

14                So anything that had gone before the 

15   commission would be subject to confidentiality.

16                SENATOR KAMINSKY:   Will the sponsor 

17   continue to yield?  

18                ACTING PRESIDENT GRIFFO:   The 

19   sponsor yields.

20                SENATOR DeFRANCISCO:   Yes.

21                SENATOR KAMINSKY:   Is there any 

22   empirical evidence that there's been an uptick in 

23   prosecutorial misconduct findings by the 

24   appellate courts or any other body that you've 

25   seen in recent years?  


                                                               3866

 1                SENATOR DeFRANCISCO:   Well, let me 

 2   tell you about just the last week and a half, 

 3   because two of those instances came up very 

 4   recently.  One happened to be in federal court in 

 5   Manhattan that you probably read about.  And in 

 6   that situation, there was a murder trial going 

 7   on.  And the murder trial was going on, and days 

 8   before the trial the prosecutor provided 

 9   exculpatory material in the form of a confession 

10   to the judge.  The judge went apoplectic, saying 

11   "Why are you providing this information now to 

12   us?"  

13                Now, obviously our bill would not 

14   apply to federal prosecutors.  But this bill does 

15   not -- secondly, this bill does not apply to the 

16   Attorney General.  And the reason it doesn't, the 

17   Assembly wanted it out for me to get a same-as 

18   bill.  So I took it out.  

19                But just within the last week and a 

20   half, the DA in Rensselaer County, it was found 

21   out that the prosecutor in that case was -- did 

22   not have the authority to bring the charges.  And 

23   I would think that that would be at least 

24   questionable, or at least be arguably misconduct 

25   that you're prosecuting someone going through the 


                                                               3867

 1   whole process when you don't even have 

 2   jurisdiction to handle the case.

 3                I've got -- I will get -- okay.  

 4   Just right in the nick of time.  They heard me 

 5   over the loudspeaker.  

 6                By state.  In Texas, number of 

 7   exonerations, 326.  New York, 233.  Illinois, 

 8   197.  We go all the way down to the smaller 

 9   states.  

10                They happen all the time.  If you 

11   came to a news conference that I had maybe two 

12   months ago, you could have met one of the 

13   exonerees who spent over 20 years in jail.  And 

14   we've had many of them come to news conferences 

15   over the last three or four years.  

16                You can't -- and you know what 

17   happened to the prosecutor in every one of those 

18   cases?  Nothing.  Nothing.  Not even a bad news 

19   article, in most cases.  That's wrong.

20                SENATOR KAMINSKY:   Will the sponsor 

21   continue to yield?  

22                SENATOR DeFRANCISCO:   Yes.

23                ACTING PRESIDENT GRIFFO:   The 

24   sponsor yields.

25                SENATOR KAMINSKY:   The question I 


                                                               3868

 1   asked was is there any empirical evidence -- not 

 2   anecdotal evidence -- of an uptick in 

 3   prosecutorial misconduct?  I understand there are 

 4   exonerations; they can come for lots of reasons.  

 5   But is there an increase in prosecutorial 

 6   misconduct findings in recent years?  

 7                SENATOR DeFRANCISCO:   Yes, there's 

 8   been an increase as soon as -- it depends on what 

 9   you mean by recently.  Ever since the rules for 

10   DNA evidence were broadened, probably 10 years 

11   ago, when evidence was being provided that these 

12   individuals who were in jail were not the 

13   individual that was guilty of the charges, from 

14   that point forward various groups bringing 

15   lawsuits thereafter on behalf of the wrongfully 

16   incarcerated person were able to determine, 

17   through review of evidence, that there were 

18   withholding of evidence by prosecutors.  

19                So yes, the uptick has come after 

20   the DNA rules were broadened to provide more DNA 

21   samples upon arrest for certain offenses, yes.

22                And whether there's an uptick or 

23   not, this has been happening without consequence.  

24   And every single person should be subject to 

25   consequences and responsibility for their 


                                                               3869

 1   actions.

 2                SENATOR KAMINSKY:   Will the sponsor 

 3   continue to yield?  

 4                SENATOR DeFRANCISCO:   Yes.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   sponsor yields.

 7                SENATOR KAMINSKY:   Is the sponsor 

 8   aware that the New York State Bar Association's 

 9   Task Force on Wrongful Convictions found 53 cases 

10   from 1964 to 2009, and that is .004 of 1 percent 

11   of all convictions?

12                SENATOR DeFRANCISCO:   I don't know 

13   that for a fact, but it would not surprise me.

14                The prosecutors also told me that 

15   they are being reviewed and there's plenty of 

16   punishment on the books, there's plenty of 

17   oversight on the books, because they're subject 

18   to going before the grievance committees in each 

19   county.

20                If anybody knows of a case where a 

21   prosecutor actually went before a grievance 

22   committee and anything happened, I'll give you 10 

23   bucks.  Okay?  

24                I asked the prosecutors that three 

25   years ago:  "You say there's a sufficient remedy?  


                                                               3870

 1   There's sufficient remedy?  Give me one case."  

 2   And you know what they told me?  They said, 

 3   "We'll bring you tons of cases."  Last year, 

 4   nada.  This year, nada.  

 5                In addition, there was a prosecutor 

 6   in Senator Ritchie's district, St. Lawrence 

 7   County -- I won't even go into all the stuff she 

 8   did.  She ultimately decided not to run again.  

 9   But the fact of the matter is, they said, "I'll 

10   show you how good we are, we're going to bring a 

11   case before the grievance committee against this 

12   prosecutor."  That was two years ago.  Last year 

13   I asked them, "What's the status of your 

14   grievance?"  "Well, we haven't heard anything 

15   yet."

16                I mean, that's what happens.  

17   There's no accountability.  I'm not out to get 

18   anybody.  And I'm certainly not considered soft 

19   on crime as far as philosophy.  I'm just trying 

20   to get a process that's fair to everybody 

21   involved in that process.

22                So anybody can get statistics for 

23   anything they want, and if anybody doesn't 

24   realize that in this chambers, they probably 

25   shouldn't be in this chambers.  And especially if 


                                                               3871

 1   you're the individuals who are fighting the bill 

 2   to provide evidence that supports you.

 3                SENATOR KAMINSKY:   Will the sponsor 

 4   continue to yield?  

 5                SENATOR DeFRANCISCO:   Yes.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   sponsor yields.

 8                SENATOR KAMINSKY:   Can the sponsor 

 9   just tell us why he believes that they'll be more 

10   open and more reporting to his tribunal than to 

11   the grievance commission?  

12                SENATOR DeFRANCISCO:   Absolutely.  

13   You know why?  You certainly are familiar with 

14   grievance committees in each county.  They're 

15   lawyers from that county.  You know lawyers from 

16   the county sometimes have criminal cases?  Who do 

17   they have to go to when they're plea bargaining?  

18   Do you think for one minute that any lawyer is 

19   going to go provide a grievance against the DA 

20   that he believes he's going to have to go to and 

21   try to get a deal for a client?  Because 

22   sometimes miscarriages of justice happen, and 

23   there's plea bargains.  

24                Think of -- I don't know who the 

25   hell your DA is, but think of going before your 


                                                               3872

 1   DA and saying that I need a -- I need -- this is 

 2   the -- these are the merits, there should be a 

 3   reduction in charge, after you're on the 

 4   grievance committee and you found that he has 

 5   been guilty of something or she has been guilty 

 6   of something.  That's why.

 7                This is an independent body.  Two 

 8   Senate majority, one Senate minority pick.  

 9   Two -- same with the Assembly.  Two for the 

10   Governor, and I think three for the Chief Judge.

11                SENATOR KAMINSKY:   Will the sponsor 

12   continue to yield?

13                SENATOR DeFRANCISCO:   Yes.

14                ACTING PRESIDENT GRIFFO:   The 

15   sponsor yields.

16                SENATOR KAMINSKY:   I mean, the 

17   sponsor I'm sure is aware that the complaints 

18   against prosecutors aren't about the DA, they're 

19   about assistant DAs.  And they happen every 

20   single day.  They happen in every motion, in 

21   every habeas corpus petition, in every -- I mean, 

22   pros mis is -- this is a routine appellate 

23   argument.  I don't understand why it's seen as 

24   the third rail.  Why aren't we trying to improve 

25   the grievance process as opposed to creating a 


                                                               3873

 1   whole new political tribunal?  

 2                SENATOR DeFRANCISCO:   You have 

 3   talked to the prosecutors, and they have taught 

 4   you well.  

 5                (Laughter.)

 6                SENATOR DeFRANCISCO:   Because they 

 7   told me that same thing.  They said it works 

 8   terrifically.  That's exactly why I asked them to 

 9   give me examples.  They provided none.  And they 

10   even provided a perfect example for me why my 

11   view is probably correct, and that is they 

12   brought a grievance against one of their own and 

13   she decided not to run two years later and no 

14   determination on the grievance was ever made.

15                SENATOR KAMINSKY:   Will the sponsor 

16   continue to yield?  

17                SENATOR DeFRANCISCO:   Yes.

18                ACTING PRESIDENT GRIFFO:   The 

19   sponsor yields.

20                SENATOR KAMINSKY:   The sponsor 

21   agrees that before the judicial misconduct panel 

22   was created, there was no means by which to 

23   discipline judges, there was no grievance panel 

24   for them, so this was created as a means to do 

25   that?  


                                                               3874

 1                SENATOR DeFRANCISCO:   On paper, 

 2   correct.  But in practice, there's no other way 

 3   to -- that prosecutors can reasonably be 

 4   reviewed, because the grievance committee never 

 5   does it.  And hasn't done it.

 6                You know, I just want to interject 

 7   one thing.  We're not talking about cases where 

 8   people are given a traffic ticket and then paying 

 9   a fine.  People have stayed in jail for years.  

10   The courts -- the state has paid and the 

11   taxpayers paid millions and millions of dollars 

12   because of prosecutorial misconduct, and they -- 

13   there's no consequence for that person.  That's 

14   wrong.  

15                And we're not -- as I said, check 

16   with the records on the Judicial Conduct 

17   Commission.  Ninety-five percent of the judges 

18   are exonerated.  But what it did, what it did, 

19   when judges used to call people names, lawyers 

20   names, or racial epithets against clients when 

21   they were on the bench because they could do any 

22   damn thing they want, they changed.  They knew 

23   somebody is up there looking and watching and 

24   could complain and there could be consequences.  

25                You don't see that stuff as much 


                                                               3875

 1   anymore.  It used to be commonplace, because I 

 2   was there back then.

 3                SENATOR KAMINSKY:   Will the sponsor 

 4   continue to yield?  

 5                SENATOR DeFRANCISCO:   Yes.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   sponsor yields.

 8                SENATOR KAMINSKY:   Why is this not 

 9   a vehicle that every defendant will use to tie an 

10   office up into knots, even in the middle of 

11   pending cases?  Who would not avail themselves of 

12   making such an application?

13                SENATOR DeFRANCISCO:   I agree with 

14   you a thousand percent that at the beginning 

15   there's going to be a flood of different 

16   complaints made.  There's no doubt.  It was the 

17   same thing with the judges.  

18                But over time, if you have 

19   independent people and it turns out to result in 

20   no action because there were false claims or just 

21   not proven claims, that in the long run -- and I 

22   don't mean 10 years from now, I mean in the 

23   relatively recent future, that's going to go 

24   down, just like it did with the Judicial Conduct 

25   Commission as well.  


                                                               3876

 1                And besides, if there is a flood of 

 2   complaints originally, I'd rather have a flood of 

 3   complaints and 11 people on a board that we 

 4   appoint sift through those claims than someone 

 5   not have a remedy against somebody who has thrown 

 6   somebody in jail and withheld evidence.

 7                SENATOR KAMINSKY:   Will the sponsor 

 8   continue to yield?  

 9                SENATOR DeFRANCISCO:   As long as 

10   you want.

11                ACTING PRESIDENT GRIFFO:   The 

12   sponsor yields.

13                SENATOR KAMINSKY:   Has the sponsor 

14   been in favor or cosponsored or been part of any 

15   effort to push discovery reform so greater access 

16   to evidence is given earlier on in the criminal 

17   justice process?  

18                SENATOR DeFRANCISCO:   Yes, I am.  

19   I've worked with Assemblyman Lentol, I've been 

20   involved that -- no doubt about it I have been.  

21   Sure I have.

22                But what good is it if the 

23   prosecutor is not going to give you the 

24   information?

25                SENATOR KAMINSKY:   On the bill.


                                                               3877

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Kaminsky on the bill.

 3                SENATOR KAMINSKY:   I'm very 

 4   troubled by this bill, and everyone in here 

 5   should be too.  We have problems in our criminal 

 6   justice system.  But when the medicine kills the 

 7   patient, we've kind of lost track of where we 

 8   are.  

 9                So I'm going to tell you what's 

10   going to happen in every prosecutor's office 

11   throughout our state.  First of all, we're taking 

12   a process that's supposed to be apolitical and 

13   making it very political.  I'll give you an 

14   example.  Prosecutors all the time have to make 

15   heart-wrenching decisions about what to do with 

16   car crashes where people die.  Sometimes people 

17   drive in an unsafe manner, they'll look at the 

18   radio, they'll be lighting a cigarette, they'll 

19   be doing something else, and they'll run somebody 

20   over, God forbid.  Prosecutors have to make 

21   really tough decisions about whether that is 

22   vehicular manslaughter or whether it's not worthy 

23   of a criminal justice case.

24                What will every family do when a 

25   decision is made that manslaughter shouldn't be 


                                                               3878

 1   charged?  They're going to bring a prosecutor in 

 2   front of this panel and say this is misconduct, I 

 3   want this defendant charged for what they did to 

 4   my family.  

 5                And so when you're a prosecutor now 

 6   evaluating what to do, whether to do justice, 

 7   which is the only directive, you are now going to 

 8   say, Well, I got this panel, I got this panel I 

 9   got to go in front of, I know that Senator 

10   So-and-So appointed this person who doesn't 

11   really like -- you know, they want to look good 

12   on this issue.  So now we're going to start 

13   charging a couple of vehicular manslaughters to 

14   keep us safe.  That's not what we want to do.

15                And what about political corruption, 

16   now that we've had a political panel overseeing 

17   DAs?  First of all, welcome to Planet Albany.  

18   How many people have been indicted since, let's 

19   say, 2008, in the last 10 years?  And our answer 

20   is to handcuff prosecutors?  That's the reform?  

21   So we do pension forfeiture and a prosecutor 

22   tribunal.  It's like crazy.

23                And no one, no prosecutor is going 

24   to want to bring a political corruption case when 

25   they know that a Senator or an Assemblyperson or 


                                                               3879

 1   someone from the executive chamber is going to 

 2   get hauled in front of a court and then in front 

 3   of a panel of somebody they appointed or from 

 4   their conference appointed.  We're really 

 5   politicizing an area.  

 6                But most importantly, we're going to 

 7   tie an office in knots.  So let me tell you what 

 8   really happens in the real world.  In the real 

 9   world, you convict somebody, then they appeal.  

10   After that, they could appeal the appellate 

11   court.  And after that, they could take a 

12   collateral appeal to federal court through a 

13   habeas corpus petition.  There is review upon 

14   review upon review.  And everybody claims it.  

15   That's what makes this hard.  Everybody says, I 

16   was wrongfully convicted.  Everyone says, My 

17   lawyer was inadequate.  Everyone says, Evidence 

18   was planted.  Everyone says, I have a confession 

19   on this tape here you have to listen to that 

20   their friend made and sent them to prison.  It's 

21   really hard sifting through this stuff.  And we 

22   do it a lot already.  Not we, they do it a lot 

23   already.

24                So what's going to happen when we 

25   have a prosecutor misconduct panel that operates 


                                                               3880

 1   in pending cases?  I get arrested -- misconduct.  

 2   This person I like got arrested -- misconduct.  

 3   You're not going to be able to do an 

 4   investigation anymore.  And if it is called after 

 5   the fact, it will tie an office up in knots 

 6   talking about what happened yesterday and 

 7   yesterday and yesterday.  

 8                So how do we get at the injustices 

 9   that occur, that Senator DeFrancisco rightly 

10   points out, to undermine confidence in our 

11   criminal justice system?  It's called discovery 

12   reform.  It's called bail reform.  It's called 

13   speedy trial reform.  None of which this house 

14   has wanted to do.

15                And how about we tell defendants in 

16   court there's this thing called a grievance 

17   process.  You could write to it pro se, just like 

18   you wrote the U.S. Attorney's office or the DA's 

19   office a letter, a letter with a pencil talking 

20   about all these claims that now they have to 

21   answer.  Do unto them too.  Do unto the grievance 

22   panel.  

23                We should be pumping that up.  There 

24   is a vehicle, there is an avenue that already 

25   exists to get at bad prosecutors.  It should be 


                                                               3881

 1   used much more.  And bad prosecutors should be 

 2   held accountable, not only by judges -- which 

 3   they are all the time.  The amount of times a 

 4   judges will throw out evidence, will throw a case 

 5   on its head, will bounce a case out of court 

 6   because they see misconduct.  It happens every 

 7   day.  It's just not reported.  There's no 

 8   statistic to keep it.  

 9                But in those cases, we should be 

10   telling defendants if there's misconduct, go to 

11   the grievance panel that already exists.  The 

12   judicial panel was created because you couldn't 

13   do that, the judge couldn't go in front of the 

14   grievance committee.  So to model this after that 

15   just isn't apt.  It doesn't -- it doesn't make 

16   sense.

17                At the end of the day, our 

18   prosecutors are the people who at night are up 

19   working, keeping all of us safe.  I can't tell 

20   you the amount of nights where I left the office 

21   at 11, 12 at night, and people were still there 

22   working on wiretap applications, figuring out how 

23   to take down organized crime, figuring out how to 

24   get people who were ripping off the public -- and 

25   we are now going to put one hand tied behind 


                                                               3882

 1   their back, because the medicine kills the 

 2   patient.  

 3                So we could do a lot more to get at 

 4   these acts.  This is not the answer.  And 

 5   frankly, for an Albany that's been less than 

 6   responsive on political corruption, this I just 

 7   think is -- is just unseemly.  Right?  We're 

 8   going to add, on top of the prosecutors who are 

 9   supposed to be policing politicians, a political 

10   level of appointees to oversee them.  How's that 

11   work?  

12                Forget about the fact that in court 

13   this will have all types of separation of powers 

14   issues about a governor appointing people to tell 

15   a prosecutor whether he or she can stay in office 

16   or not, or to review or -- or to send a 

17   recommendation that he or she be removed from 

18   office.  Which, by the way, voters are supposed 

19   to do every four years.  

20                So this bill is fraught with a lot 

21   of issues.  And at the end of the day, we here 

22   have to be having our prosecutors' backs, making 

23   them do more, making them be accountable.  But to 

24   weigh down the office completely, I just really 

25   don't think makes sense.  


                                                               3883

 1                And for those of you -- and I see 

 2   certain Senators standing up who are big fans of 

 3   police departments, who support law enforcement.  

 4   Come on, what's going to happen here, for those 

 5   of us who stand with police officers?  Every case 

 6   where someone says misconduct, who's going to get 

 7   called first?  Police Officer Smith's going to 

 8   get called in:  Is it true that you executed a 

 9   warrant that this prosecutor gave where you 

10   kicked this person's door down and did X, Y and 

11   Z?  

12                We're going to create a whole level 

13   of testimony for police officers.  And what does 

14   that mean?  Well, when an officer testifies, 

15   you've got to give their whole record.  All 

16   right, now we got their whole record in play and 

17   now we're cross-examining a police officer about 

18   something they did four years before.  

19                So it's not good for law 

20   enforcement, it's not good for prosecutors.  At 

21   the end of the day, it doesn't -- it doesn't 

22   get -- it doesn't get at what we're trying to do.  

23   I'm all for real criminal justice reform, and I 

24   really believe we could do that.  I think the 

25   time is ripe for that.  But the time to put a 


                                                               3884

 1   concrete boot on a prosecutor is not now.  We 

 2   need them more than ever, working on terrorism 

 3   cases, working on political corruption cases, and 

 4   doing what's right in our society.

 5                So I'd urge my colleagues to really, 

 6   really think about this.  I know there are mixed 

 7   feelings across the aisle on this.  But at the 

 8   end of the day I really believe we can do better.  

 9                I would just say to the sponsor I 

10   certainly -- I certainly get where the sponsor is 

11   coming from.  But I also just want to finish by 

12   saying one thing.  I think there's been a lot of 

13   feelings about federal prosecutors, who some in 

14   this building may think have gone out of their 

15   lane to make cases that they believe should not 

16   have been made.  This has got nothing to do with 

17   that.  This doesn't come to federal prosecutors, 

18   it's got nothing to do with the Southern District 

19   of New York, it's got nothing to do with anyone 

20   who may have been prosecuted here or anywhere 

21   else.  This is about something different.  

22                We should all be careful before we 

23   put this into law and add a real change to our 

24   criminal justice system that could have very 

25   deleterious effects.  


                                                               3885

 1                Thank you.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Sanders.

 4                SENATOR SANDERS:   Nineteen thousand 

 5   six hundred and ten years.  In my hand, I hold 

 6   the National Registry of exonerations.  The 

 7   amount of years that people spent in jail and 

 8   were exonerated -- that we know about -- 

 9   19,610 years.

10                In New York State, 249 people.  I 

11   could read the names.  The majority of these, 

12   black and Latino.  I see some from my own 

13   borough.

14                Justice delayed is justice denied.  

15                It is important that we have 

16   safeguards in any system.  Now, some may say that 

17   there are enough safeguards, but it's also a fact 

18   that poverty ensures conviction, just about.  If 

19   you don't have the money to ensure that you have 

20   an adequate defense, then 10 to one you are going 

21   up.

22                Let's imagine that the sponsor is 

23   not perfect.  Imagine that.  Let's imagine that 

24   the bill is not perfect.  Imagine that.  My 

25   friends, we need to think more about the years 


                                                               3886

 1   that people can't get back.  

 2                How can I look in the face of a 

 3   mother and tell her I was more worried about how 

 4   I would look politically, that the bill didn't 

 5   come from my party so I couldn't really do 

 6   anything about it?  How am I going to look in the 

 7   face of a child wondering about their father or 

 8   daughter, mother, and say that politically it 

 9   wasn't the right season, that I personally should 

10   have set that down and we couldn't do anything?  

11                Nah, you got the wrong man here.  

12   These names mean something to me.  These are 

13   citizens of this country as worthy as anybody 

14   else -- 19,000 years that they're not going -- no 

15   amount of money is going to give you that back.  

16   They would trade that money in a heartbeat.

17                Do we need to do something about 

18   this?  Absolutely.  Is this the thing to do?  We 

19   can argue that.  I wish someone gave me the 

20   perfect bill that I was looking for.  I don't 

21   think that, you know, that perfection exists, 

22   ever since the apple was bitten.

23                But with that being said, we have to 

24   do something.  Somebody has to stand up for these 

25   folk and say, You know what, right is right.  And 


                                                               3887

 1   it's not right Republican or right Democrat, it's 

 2   not right of any of those things.  There's 

 3   certain things that are just right, and if we can 

 4   stand for those things, we'll get above this.

 5                Yes, as a reformer I want there to 

 6   be strong prosecutors and I think that there is a 

 7   role for them.  And we should not shackle them, 

 8   handcuff them or any of those things.  We should 

 9   not.  We should make sure that the system is as 

10   fair as we possibly can make it.

11                And we should do everything in our 

12   power to make sure that that part of society -- 

13   that the prosecutor plays an incredibly important 

14   part.  We have to make sure that they are safe, 

15   that their very important mission is protected.

16                But let us not say that we're not 

17   going to do these things because we will -- 

18   somewhere, somebody would say that we look bad.  

19   Let us not say that we're going to allow somebody 

20   to -- even as we speak, there are innocent people 

21   in jail, and somebody should speak for them.  And 

22   if there's a process where prosecutors -- you 

23   know, after a while we know the bad apples in the 

24   system.  After a while we know that there's a 

25   problem.  And until the system itself polices 


                                                               3888

 1   itself, until people stand up and say, You know 

 2   what, I will have no part of this, we know that 

 3   that guy is messed up, then we need to do 

 4   something on this issue.

 5                And I'm glad that the sponsor, in 

 6   his swan song, has brought an important issue to 

 7   the fore.  Whatever comes from this, he has done 

 8   a service to the people of New York State and 

 9   should be proud of that.

10                So under those conditions, I'm going 

11   to listen to the rest of this debate.  But if the 

12   only thing that we can say is how we'll look bad 

13   or it came from that party or that party, then 

14   I'm going to go with this unless I hear a more 

15   pressing reason of why we shouldn't look for how 

16   are we going to attack this issue.

17                Thank you very much, Mr. Speaker -- 

18   Mr. President.

19                ACTING PRESIDENT GRIFFO:   Thank 

20   you, Senator Sanders.

21                Senator Bailey.  

22                SENATOR BAILEY:   Thank you, 

23   Mr. President.

24                So this is a very important issue, a 

25   very important bill, and I appreciate the 


                                                               3889

 1   dialogue being what it is regardless of outcome.

 2                Senator DeFrancisco, in your debate 

 3   you mentioned a phrase tongue-in-cheek, almost:  

 4   The world is not going to come to an end.  And I 

 5   agree with you.  If we do this, the world won't 

 6   come to an end.  The world didn't come to an end 

 7   in New York City when stop-and-frisk was taken 

 8   away, when they said, If you stop stop-and-frisk, 

 9   the old bad New York is going to come back.  

10   Crime is at a record low.

11                I want us to make sure that we're 

12   looking clearly through the lens of objectivity 

13   and not a partisan lens.  Every prosecutor is not 

14   going to be Andrew Lanza or Todd Kaminsky.  

15   Ninety-nine percent of them are.  But I want my 

16   folks on both sides of the aisle to understand 

17   that perfection does not exist.  There are bad 

18   prosecutors, bad attorneys, bad police officers, 

19   bad elected officials.  We have to have a 

20   mechanism to figure out what's right and what's 

21   fair.

22                And partisanship aside, if we're 

23   talking about fairness, it comes back to 

24   discovery.  It comes back to bail and it comes 

25   back to speedy trial.  And I hope that if we have 


                                                               3890

 1   this attitude today that we're going to do 

 2   something which is a step in the right direction 

 3   on these matters, that we have time in this 

 4   session to do something about discovery reform.

 5                It passed the Assembly.  4360A, 

 6   Assemblyman Lentol, who Senator DeFrancisco had 

 7   indicated properly that he's been working with, 

 8   that passed the Assembly.  We have a chance to do 

 9   something on that in this house this year.  Why 

10   wait?  If this is on the calendar, if this is on 

11   the Rules agenda, if this is on the floor, there 

12   is no reason why that bill should not come to the 

13   floor as well.

14                Because we're trying to cure the 

15   root issue.  You pull a leaf off a plant, the 

16   leaf is going to grow back.  If we have a 

17   problem, you've got to pull it out by the root.  

18   And the root is figuring out what's right and 

19   what's fair.  I don't want a defense attorney to 

20   have an advantage, I don't want a prosecutor to 

21   have an advantage.  I want fairness.

22                And I've said this often in 

23   discussions with district attorneys and folks on 

24   the Republican side of the aisle about why 

25   supporting discovery reform is a public safety 


                                                               3891

 1   issue.  I have a wife and two small children; 

 2   nobody wants public safety more than I do.  But 

 3   as an attorney duly admitted to the bar of the 

 4   State of New York, I want fairness for everyone.  

 5   And I want, if you've been unfairly accused of a 

 6   crime, that you have an ability to redress these 

 7   complaints.  

 8                The Assembly also passed grand jury 

 9   reform, also something that we can do this year.  

10                So if we're in this attitude about 

11   making change, about making sure we're doing 

12   what's right, let's not limit ourselves.  We 

13   talked about exculpatory evidence, and I'm glad 

14   that that was mentioned.  We have no definition 

15   of what exculpatory is.  Sometimes a prosecutor 

16   can define their own version of exculpatory 

17   evidence, which is the reason why we need 

18   discovery reform.

19                And Senator Lanza can attest to 

20   this, we've peacefully disagreed in the Codes 

21   Committee the entire year about the idea of 

22   discretion and about how we take judges' 

23   discretion away when it's time for certain 

24   crimes, but it's okay for them to have discretion 

25   when it comes to bail reform and discovery 


                                                               3892

 1   reform.  Discretion cannot be discretionary, let 

 2   us be very clear on that.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Bailey, I'd like to keep it to the bill before 

 5   the house, please.  

 6                SENATOR BAILEY:   All right, thank 

 7   you, Mr. President.

 8                ACTING PRESIDENT GRIFFO:   On 

 9   germaneness.  Thank you.  

10                SENATOR BAILEY:   Yes, 

11   Mr. President.  I believe that my comments were 

12   and are germane, because they do relate to 

13   criminal justice as a whole, which the 

14   prosecutors in the State of New York do uphold.  

15   But I will respect what you're saying and go back 

16   on the bill-in-chief.

17                It is important to recognize 

18   misconduct.  Statistics show it, as Senator 

19   Sanders indicated, but stats don't always tell 

20   the truth.  The number of cases that we have 

21   about the misconduct -- or the reported cases do 

22   not accurately tell the whole story about what 

23   happens in communities like mine, about stories 

24   that I've heard, about phone calls that I've 

25   personally received.  


                                                               3893

 1                So, Mr. President, much like my 

 2   colleague Senator Sanders, I want to hear what 

 3   else other folks have to say.  But I understand 

 4   that there is a season for this type of 

 5   legislation, and I hope that we have that 

 6   attitude towards similar legislation in the 

 7   remaining time that we have to do what's right.  

 8                Thank you, Mr. President.  

 9                ACTING PRESIDENT GRIFFO:   Thank 

10   you, Senator Bailey.  

11                Senator Lanza.

12                SENATOR LANZA:   Thank you, 

13   Mr. President.  On the bill.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Lanza on the bill.

16                SENATOR LANZA:   First, 

17   Mr. President, I'd like to associate myself with 

18   every word of Senator Sanders' remarks, which 

19   were, as always, incredibly thoughtful.

20                So too I would like to thank 

21   Senator Bailey for the compliment, which I pray I 

22   can live up to.

23                In some respects, this is a very sad 

24   day.  As a former prosecutor, I never dreamt that 

25   I would ever stand in support of legislation like 


                                                               3894

 1   this, because I never wished to believe that 

 2   legislation like this would be necessary.

 3                You see, I was a prosecutor in the 

 4   Manhattan District Attorney's office.  I worked 

 5   for Robert Morgenthau, who I continue to believe 

 6   is the gold standard for prosecutors.  But I've 

 7   become increasingly troubled, over the years 

 8   since then, that they just don't make them like 

 9   Robert Morgenthau anymore.  

10                And I listened to my colleague 

11   Senator Kaminsky, who I have tremendous respect 

12   for, also a former prosecutor.  And as Senator 

13   Bailey said, if everyone treated the work the way 

14   I'm sure Senator Kaminsky did, as I know him, we 

15   would not even need to discuss this legislation.  

16                And I think Senator Kaminsky's 

17   mistake is that he believes that everyone does it 

18   the right way.  And the truth of the matter is 

19   99 percent of the prosecutors in this state do.  

20                Senator Kaminsky gave us a number of 

21   improper prosecutions that have occurred; I 

22   forget what that number was.  But my point is 

23   this.  One miscarriage of justice is too much, 

24   too many, when we're dealing with people's life 

25   and liberty.  


                                                               3895

 1                And no one ought to be above the 

 2   law, especially, quite frankly, our prosecutors.  

 3   Because nowhere is the old power of the king and 

 4   the queen and the pharaoh and the dictator still 

 5   in existence when it comes to prosecutor's 

 6   offices.  Nowhere is the power of the state more 

 7   likely to be abused than in the office of 

 8   prosecutors.  And why?  Because they have the 

 9   power over your freedom.  They can take 

10   everything you have away from you.  And we have 

11   the best system on earth, no doubt.  But every so 

12   often someone comes along and abuses the system.  

13                My colleagues in this chamber, you 

14   know that I threw every ounce of my fiber into 

15   the Raise the Age debate last year.  I did so 

16   because I believe to my core that we have an 

17   opportunity with young people that we might not 

18   have later on.  And I listened to the debate, and 

19   I heard time and time again from my colleagues 

20   across the aisle that our system is corrupt, that 

21   it is inherently abusive, that there are people, 

22   especially people of color, who are not treated 

23   fairly in our system, and that there are human 

24   beings in jail who don't belong in jail.  

25                And that only happens, by the way, 


                                                               3896

 1   through prosecutorial misconduct.  It's the only 

 2   way an innocent person ultimately ends up in 

 3   jail.  Prosecutorial misconduct.  

 4                Now, again, there are very few cases 

 5   like that, but one is too many.  And I listened 

 6   to Senator Kaminsky, and if the things that he 

 7   said about this bill were true in terms of what 

 8   it would do to prosecutors, I would be disturbed 

 9   and I could not support it.  

10                All we're saying here is that when 

11   you assume the awesome power as a prosecutor in 

12   this state, that you need to apply the laws of 

13   the land fairly and without discrimination and 

14   without prejudice.  And by the way, if you do 

15   your job properly the way you ought to and the 

16   way the majority of prosecutors do, you have 

17   nothing to be worried about and nothing to be 

18   concerned about.  This will do nothing to prevent 

19   you from doing justice.  

20                But as Senator DeFrancisco said, it 

21   will send a message to those who might otherwise 

22   be tempted to do the political thing or the 

23   prejudicial thing or the discriminatory thing, 

24   and perhaps this legislation will prevent that 

25   from happening.  


                                                               3897

 1                And so to Senator DeFrancisco, I 

 2   thank you.  Again, for me, it is sad that I am 

 3   standing here talking about the need for this 

 4   legislation, but I think in today's day and age, 

 5   with the craziness that surrounds us, with the 

 6   hyperpoliticization, that the day has come.  

 7                Mr. President, I'm in support of 

 8   this legislation.  

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Bonacic.

11                SENATOR BONACIC:   This discussion 

12   has been excellent on this issue.  Senator 

13   Kaminsky, I think you spoke eloquently of what 

14   would happen with district attorneys and 

15   defendants coming forward, as a former 

16   prosecutor.

17                Senator DeFrancisco, Senator Lanza, 

18   I thank you for the courage that this bill is on 

19   the floor.  I thank you for your passion, Senator 

20   Sanders.  

21                When did you ever think that law and 

22   order with the Republican Conference -- which we 

23   embrace -- that you would see a bill like this on 

24   the floor?  We have a reputation to embrace law 

25   enforcement, to embrace DAs.  That's who we've 


                                                               3898

 1   been for so long.  But times are changing.  Times 

 2   are changing.  

 3                And how many times have I heard the 

 4   treatment to an African-American in the justice 

 5   system?  That there's two tiers of justice, one 

 6   for the poor man and one for the rich man.  Many 

 7   times.

 8                And as Senator Lanza said, we have a 

 9   few bad apples in the DA's office.  They're all 

10   my friends, by the way, in the four counties that 

11   I represent.  

12                But when I say the winds are 

13   changing, politics, political ambition has taken 

14   over.  In all aspects, in all areas of 

15   professionalism.  But in every area of 

16   professionalism -- doctors, lawyers, accountants, 

17   police officers -- you've got to be accountable, 

18   if you've done something wrong, to -- I'll just 

19   call it an integrity board that watches over 

20   these areas.  But not prosecutors.

21                So there's a loophole in the system.  

22   And what disturbs me is if there is an 

23   indictment, a political indictment -- it won't be 

24   called that, it will be called something else, 

25   but it is a political indictment.  Whether it's 


                                                               3899

 1   the color of someone's skin, whether it's your 

 2   political philosophy, whether I have blind 

 3   ambition as a prosecutor to become a governor, to 

 4   become a U.S. attorney general, to become a 

 5   judge -- I want a good track record, I want 

 6   publicity, and I'm going to pick high-profile 

 7   cases.

 8                Now, DAs, in my judgment, never used 

 9   to act that way.  But we're seeing it more and 

10   more.  We're seeing people go to jail and then 

11   exonerated because of DNA.  And they never get 

12   their life back, I agree with you.  The taxpayers 

13   will pay that person for that loss, but they will 

14   never truly compensate them for the loss.  And 

15   that DA who might have done that?  No 

16   repercussions.  No accountability.

17                It's often been said that a 

18   prosecutor can indict a ham sandwich if they 

19   want, and I believe that to be true.  I believe 

20   that to be true to this day.  So it pains me to 

21   have to do this, because I know the few bad 

22   apples and the wind of political animals or 

23   political professionals, especially in the 

24   prosecutor's area, we're seeing more and more 

25   cases of injustice.


                                                               3900

 1                So I'm going to support this bill.  

 2   It's bittersweet for me.  But I think the time 

 3   has come that everybody has to be accountable, 

 4   even our good friend prosecutors.  Because the 

 5   damage they may do to 2 percent of the people, 

 6   and they make good decisions for the 98 percent 

 7   of the people, it's too harmful.  The damage is 

 8   too brutal.  The whole justice system comes under 

 9   question because of the 2 percent bad discretion 

10   by prosecutors doing things for the wrong reason.  

11   And they have to be accountable.  

12                And I will end my remarks by saying 

13   a good, decent prosecutor -- and most of them 

14   throughout the state are -- will never have to 

15   worry about this legislation because they know 

16   they're always doing the right thing, like 

17   legislators do when they stand here and always 

18   under scrutiny.  If you're always doing the right 

19   thing, you never have to watch your back.

20                I vote yes.  Thank you, 

21   Mr. President.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Boyle.

24                SENATOR BOYLE:   Mr. President, on 

25   the bill.  


                                                               3901

 1                I'd first like to thank Senator 

 2   DeFrancisco for his championing of this 

 3   legislation.  I think it's long overdue.  

 4                As my colleagues have said, I 

 5   believe the vast, vast, vast majority of 

 6   prosecutors are good, honest, hardworking people 

 7   in the State of New York.  But there are some bad 

 8   apples.  

 9                I talk about Suffolk County, where 

10   I'm from.  Recently an assistant district 

11   attorney was fired in the middle of a murder 

12   trial.  They found out he was withholding 

13   evidence.  Come to find out he had five other 

14   murder trials which the cases were dismissed.  

15   I'm not talking about speeding tickets.  Murder 

16   trials.  Five murder cases dismissed because of 

17   the misconduct of this assistant district 

18   attorney.

19                This assistant district attorney was 

20   fired by our district attorney at the time, who 

21   by the way is now under federal criminal 

22   prosecution himself.  

23                What I see also and worries me a lot 

24   was, as was said, the political aspect of this.  

25   I see some prosecutors -- some prosecutors -- who 


                                                               3902

 1   are looking for the headline.  They find 

 2   somebody, a low-level person in a town who's 

 3   doing the wrong thing, taking bribes, an outside 

 4   company, a businessman giving bribes.  Instead of 

 5   saying you guys are doing the wrong thing, we're 

 6   going to prosecute you, you're going to jail, and 

 7   throw away the key.  No, they say, We've got to 

 8   get a headline, that's not going to get us on the 

 9   front of the newspaper, so we're going to go 

10   after the politician who is the boss.  And they 

11   twist themselves into pretzels to go after these 

12   elected officials, because that's going to be on 

13   the cover of the newspaper, spending millions of 

14   dollars and years of disruption in the town and 

15   in the county.

16                As far as the discovery reform, 

17   Senator Kaminsky, thank you for your comments.  I 

18   know you're passionate about this issue.  You 

19   mentioned discovery reform as a way of modifying 

20   this or helping the situation.  Well, that's 

21   funny because earlier this year I was visited by 

22   district attorneys who are against discovery 

23   reform.  That may not be the answer that we're 

24   going to get across the finish line.  

25                We all agree we need to do the right 


                                                               3903

 1   thing and fix the system.  It does have flaws.  

 2   The vast majority are good prosecutors.  We've 

 3   got to root out the evil ones.  And I would quote 

 4   Martin Luther King:  An injustice anywhere is a 

 5   threat to justice everywhere.  

 6                I strongly support this bill and 

 7   vote aye.

 8                ACTING PRESIDENT GRIFFO:   Is there 

 9   any other Senator that wishes to be heard?  

10                Senator Hoylman.

11                SENATOR HOYLMAN:   Thank you, 

12   Mr. President.  

13                Would the sponsor yield for a couple 

14   of questions?

15                ACTING PRESIDENT GRIFFO:   Senator 

16   DeFrancisco, do you yield?  

17                SENATOR DeFRANCISCO:   Yes.

18                ACTING PRESIDENT GRIFFO:   The 

19   Senator yields.

20                SENATOR HOYLMAN:   Through you, 

21   Mr. President.  What are the specific conditions 

22   for a complainant before this commission?

23                SENATOR DeFRANCISCO:   Well, it sets 

24   it forth in the bill that if you -- it's 

25   basically an allegation that the prosecutor is 


                                                               3904

 1   not following the law and guilty of misconduct.  

 2   And then the commission then reviews it, or a 

 3   panel of three appointed by the commission 

 4   reviews the allegation.  If there's no proof of 

 5   that, then the case is not proven and it's over.

 6                SENATOR HOYLMAN:   Would the sponsor 

 7   continue to yield?  

 8                ACTING PRESIDENT GRIFFO:   The 

 9   sponsor yields.

10                SENATOR DeFRANCISCO:   Yes.

11                SENATOR HOYLMAN:   Through you, 

12   Mr. President, is there any burden of proof for 

13   complainants?

14                SENATOR DeFRANCISCO:   By the 

15   preponderance of the evidence.  It's the same 

16   burden of proof with judges.

17                SENATOR HOYLMAN:   I didn't see that 

18   in the bill.  

19                But would the sponsor continue to 

20   yield?  

21                ACTING PRESIDENT GRIFFO:   The 

22   sponsor yields.

23                SENATOR HOYLMAN:   Is there any 

24   requirement that allegations be sworn under oath 

25   by complainants?  


                                                               3905

 1                SENATOR DeFRANCISCO:   The 

 2   commission is going to set forth the rules, but 

 3   that is what's done in the Judicial Conduct 

 4   Commission.  And that's the same format.

 5                SENATOR HOYLMAN:   Will the sponsor 

 6   continue to yield?  

 7                ACTING PRESIDENT GRIFFO:   The 

 8   sponsor yields.

 9                SENATOR HOYLMAN:   For the record, 

10   there is no requirement that allegations be sworn 

11   under oath.

12                Who would have standing to file a 

13   complaint?  

14                SENATOR DeFRANCISCO:   Well, the 

15   people that have standing are those that are 

16   alleged to have been the victims of the 

17   misconduct.

18                SENATOR HOYLMAN:   Will the sponsor 

19   continue to yield?  

20                ACTING PRESIDENT GRIFFO:   The 

21   sponsor yields.

22                SENATOR HOYLMAN:   The way I read 

23   it, anyone would have standing.  Can you point to 

24   where in the bill that suggests otherwise?  

25                SENATOR DeFRANCISCO:   No.  But as I 


                                                               3906

 1   keep repeating, this is the same law that set 

 2   into motion -- the same wording of the law that 

 3   set in motion the Judicial Conduct Commission.  

 4   And the same rules that they have adopted, I 

 5   would most likely believe -- I believe would be 

 6   the rules adopted by this commission as well, 

 7   since they have worked.

 8                SENATOR HOYLMAN:   Will the sponsor 

 9   continue to yield?  

10                ACTING PRESIDENT GRIFFO:   The 

11   sponsor yields.

12                SENATOR HOYLMAN:   So as the law is 

13   currently written, not speculating as to what may 

14   be issued in regulations moving forward, if an 

15   investigation was undertaken by a district 

16   attorney, a third party with no connection to the 

17   investigation -- a member of the public or the 

18   press or a political ally -- could file a 

19   complaint, is that correct, as the bill is 

20   currently written?

21                SENATOR DeFRANCISCO:   It doesn't 

22   limit anyone from filing a complaint.  It is 

23   written broadly, like the Judicial Conduct 

24   Commission, so that they could go through -- what 

25   happens in the Judicial Conduct Commission is 


                                                               3907

 1   basically whatever the complaints are, they'll 

 2   review a slew of complaints, many of them don't 

 3   have any basis, and they deny them.

 4                The point is to provide this 

 5   vehicle.  This is not a criminal case where your 

 6   liberty is at -- where your liberty is at stake 

 7   by what is going to happen.  That's what the 

 8   prosecution case is before a judge.  This is a 

 9   place for a complaint, just like a grievance 

10   complaint, but an independent body that -- rather 

11   than the grievance committee reviewing the DA.

12                SENATOR HOYLMAN:   Will the sponsor 

13   continue to yield?  

14                ACTING PRESIDENT GRIFFO:   The 

15   sponsor yields.

16                SENATOR HOYLMAN:   So let's say a 

17   district attorney has launched an investigation 

18   of one of our colleagues.  One of our other 

19   colleagues gets wind of the fact that this is 

20   underway, a corruption investigation.  Could, in 

21   theory, our colleague or his or her political 

22   ally then file a complaint and initiate an 

23   investigation of the investigators?  

24                SENATOR DeFRANCISCO:   If there is a 

25   basis for it.  This isn't just a complaint 


                                                               3908

 1   because the charge has been brought.  The 

 2   prosecutorial conduct commission is going to 

 3   review that complaint because somebody doesn't 

 4   think it should have been brought.

 5                These are cases where there's 

 6   misconduct in the course of the prosecutor's 

 7   duty.  Ninety percent of these things deal with 

 8   failing to provide exculpatory material.  

 9                So anybody can say anything about 

10   anybody, as we all know as elected officials.  

11   But that's the point of the group that's going to 

12   review these allegations.  There has to be a 

13   basis for them, a basis of misconduct.  It would 

14   be almost impossible to prove a case that the 

15   prosecution should have been brought, because the 

16   prosecutor has broad discretion under the law.  

17   But if in reviewing that case and in pursuing the 

18   case he violates the rules that he's supposed to 

19   abide by, those are the cases that will be the 

20   ones that are the focus of this commission.

21                SENATOR HOYLMAN:   Will the sponsor 

22   continue to yield?  

23                ACTING PRESIDENT GRIFFO:   The 

24   sponsor yields.

25                SENATOR HOYLMAN:   Through you, 


                                                               3909

 1   Mr. President.  If the complainant charges 

 2   baseless and unfounded charges, what are the 

 3   consequences for the complainant?

 4                SENATOR DeFRANCISCO:   Well, the 

 5   complainant -- there are no consequences --

 6                SENATOR HOYLMAN:   There are no --

 7                SENATOR DeFRANCISCO:   There are no 

 8   consequences under this bill.  If it's a sworn 

 9   statement and they lied in the sworn statement, 

10   there's a criminal charge that could be brought 

11   against them.

12                But this is a vehicle for the 

13   general public to have a prosecutor's conduct 

14   reviewed.

15                SENATOR HOYLMAN:   On the bill, 

16   Mr. President.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Hoylman on the bill.

19                SENATOR HOYLMAN:   We just heard, 

20   Mr. President, that if a complainant brings 

21   charges, he or she does not have to have any 

22   direct connection to the investigation or case 

23   being pursued by the district attorney.  He or 

24   she doesn't have to have any standing.  He or she 

25   can, let's be real, be simply a political crony, 


                                                               3910

 1   a supporter of, let's just say a State Senator 

 2   who's being investigated by a district attorney.  

 3   And we have provided a vehicle to totally up-end 

 4   that investigation through this legislation.

 5                I understand and feel very deeply 

 6   for the concerns expressed by my colleagues about 

 7   the need for criminal justice reform, 

 8   particularly as it impacts our minority 

 9   communities, including mine.  But I believe this 

10   bill is providing a very suspicious cover for bad 

11   actions and bad actors in our State Legislature.  

12                We are politicizing the 

13   investigatory process.  We are appointing a 

14   board, a commission made up entirely, nearly, of 

15   appointees by the Governor, Senate Majority 

16   Leader, Senate Minority Leader, the Speaker, the 

17   Assembly Minority Leader.  And we are suggesting 

18   that this legislation will find a fair and 

19   depoliticized outcome when it comes to 

20   investigating the actions of other elected 

21   officials, our district attorneys.  

22                I don't think so.  I'm fearful that 

23   this will be viewed by the public as 

24   decommissioning Moreland part II.  

25                And I think that we need to take a 


                                                               3911

 1   more considered approach toward rectifying the 

 2   abuses, some of which of course do exist on 

 3   behalf of district attorneys, but certainly not 

 4   through a highly politicized nature that in fact 

 5   results in providing cover for those of us who 

 6   sit in this chamber.

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT GRIFFO:   Thank 

 9   you, Senator Hoylman.

10                Is there any other Senator that 

11   wishes to be heard or speak?  

12                Senator Kaminsky, you want to speak 

13   now or explain your vote?  You're eligible to 

14   speak.  This is your second time; this would be 

15   the last opportunity.  

16                Senator Kaminsky.

17                SENATOR KAMINSKY:   Thank you.  I'll 

18   be very brief.

19                ACTING PRESIDENT GRIFFO:   On the 

20   bill?

21                SENATOR KAMINSKY:   On the bill.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Kaminsky on the bill.

24                SENATOR KAMINSKY:   This is directed 

25   at all my colleagues, but especially across the 


                                                               3912

 1   aisle.  You can vote for this for any reason you 

 2   want, but please don't vote for it for the view 

 3   that if you're a good prosecutor you have nothing 

 4   to worry about.  You have a lot to worry about.  

 5   This will be a drain on your time, your 

 6   resources, your reputation, and the office's 

 7   ability to do justice without fear or favor, 

 8   because there will be a tribunal you will be 

 9   hauled in front of on every single case.

10                Thank you.

11                ACTING PRESIDENT GRIFFO:   Is there 

12   any other Senator that wishes to be heard?  

13                Seeing none, I will allow Senator 

14   DeFrancisco, as the sponsor of the bill, to close 

15   debate.  

16                Senator DeFrancisco.

17                SENATOR DeFRANCISCO:   Thank you.  

18   And I appreciate the debate.  

19                And it's nice to see a bipartisan 

20   debate in this chambers based upon a piece of 

21   legislation that I think was worked -- I know was 

22   worked on for a long period of time and I think 

23   is well thought out.

24                First, just a couple of responses, 

25   and that's all I want to do.  


                                                               3913

 1                There's been talk about discovery 

 2   reform.  I believe that that should happen.  But 

 3   if you're a prosecutor who's already, under the 

 4   existing rules, not providing exculpatory 

 5   material, you can write the best rule in the 

 6   world in a discovery reform; that same 

 7   prosecutor, if he or she is inclined to, is going 

 8   to violate that rule as well.  So even with 

 9   discovery reform we need a bill like this.

10                Secondly, this -- the concept that 

11   this is some kind of cynical attempt to try to 

12   protect political people by filing complaints in 

13   this commission is -- well, I remember what the 

14   prayer was yesterday.  I'll think good thoughts, 

15   I'll say good things, I won't say what I really 

16   want to say -- I think is just not a right 

17   analysis of this bill.

18                Because all you can do is bring a 

19   complaint that there was misconduct, some breach 

20   of duty.  Not by a charge being brought.  That's 

21   not a breach of duty.  You're talking about while 

22   he's conducting his duties that there's a breach 

23   of conduct.  

24                And it reminds me, two years ago 

25   when this bill was -- maybe three years ago.  I 


                                                               3914

 1   can't even remember anymore.  But I know I 

 2   started working on this bill before the Moreland 

 3   Commission, before MC.  It's like BC, MC.  The 

 4   fact of the matter is I wasn't even thinking 

 5   about political cases when I drafted this -- the 

 6   first iteration of this bill.  I was thinking 

 7   about the people that most are talking about here 

 8   that had evidence withheld against -- that they 

 9   should have gotten and spent many, many years in 

10   jail.

11                And this is sort of a complaint.  

12   And two or three years ago my prosecutor told the 

13   newspaper that this was simply an effort on my 

14   behalf to be -- to strike back at the Moreland 

15   Commission.  Which irritated me to no end, about 

16   as much as I'm irritated today by being accused 

17   of that same motive, it's so far -- it's just not 

18   correct.

19                So I understand people have 

20   differences of opinion here.  Prosecutors should 

21   prosecute.  They should be supported by everyone.  

22   But when a bad prosecutor does something that 

23   results in somebody losing their liberty, there's 

24   got to be a remedy.  There is not a remedy now.  

25   This is the remedy.


                                                               3915

 1                It's not the perfect bill.  I don't 

 2   know how to do that.  All I know is -- and I'm 

 3   not smart enough to come up with some perfect 

 4   bill.  So what I did, I looked at a bill that's 

 5   been a law that we've worked with since the 

 6   1970s, the Judicial Conduct Commission.  And all 

 7   of the horrible things that we're talking about 

 8   today that could happen have not happened.  Good 

 9   things have happened since the Judicial Conduct 

10   Commission.  

11                So I would urge all of you to please 

12   support this bill.  It's an important bill.  And 

13   I appreciate the debate.  And I thank the leader 

14   for allowing us to put this bill on the floor 

15   today for an open debate and giving everybody the 

16   opportunity to vote on it.  

17                Thank you, Mr. President.  

18                ACTING PRESIDENT GRIFFO:   Thank 

19   you, Senator DeFrancisco.

20                Debate is closed; the Secretary will 

21   ring the bell.

22                The Secretary will read the last 

23   section.

24                We have a number of people that have 

25   requested explanation of votes.  I'm going to ask 


                                                               3916

 1   that you all comply with the Senate rules and 

 2   please stay within a two-minute explanation.

 3                Read the last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect on the first of January.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Flanagan to explain his vote.

11                SENATOR FLANAGAN:   Thank you, 

12   Mr. President.

13                This has been fantastic.  And every 

14   now and then I think this applies to all of us:  

15   It makes me proud to be a public servant, to sit 

16   in this room and actually deliberate and have 

17   really substantive conversations on important 

18   issues of public policy.

19                So I often think that that is lost 

20   sometimes when the public hears about what goes 

21   on in Albany -- or not.  They should look at a 

22   tape like this and realize we actually do a lot 

23   of very good things.

24                I want to join the remarks of 

25   Senator DeFrancisco on a couple of different 


                                                               3917

 1   levels, not the least of which is the comparison 

 2   to the Commission on Judicial Conduct.  We're not 

 3   breaking new ground here.  We're basically adding 

 4   a new layer to what is a system that's been in 

 5   place for a very long time that has worked well.  

 6   And Senator DeFrancisco is correct, the world did 

 7   not come to an end when that came into being 

 8   many years ago.

 9                And on top of that, you know, I was 

10   listening to the debate.  We talk about lots and 

11   lots of good prosecutors.  We talk about good 

12   elected officials.  We talk about good people and 

13   bad people.  For me, philosophically, when we 

14   come into this chamber we're not really making 

15   laws for the good people.  When you look at the 

16   environment, we're not making a law for someone 

17   who goes and does the beach cleanup.  We make a 

18   law for the guy who does the illegal dumping, 

19   when there's a rogue doctor who's giving out 

20   prescriptions.  We're not making it for the candy 

21   striper or the volunteer who's there in the 

22   hospital.  

23                So I think consistently we have a 

24   method of operation here where frankly we have to 

25   make laws to protect the good people from the bad 


                                                               3918

 1   people.  And if that is going to apply to 

 2   prosecutors -- and I think it should -- then so 

 3   be it.

 4                Lastly, using the vernacular, 

 5   sometimes he's Johnnie D, sometimes he's DeFran.  

 6   Today I want to make it really clear.  Today he's 

 7   Senator John DeFrancisco.  And I'm going to tell 

 8   you something, and I'm going to tell you with 

 9   great clarity.  He and I have had many, many 

10   conversations on this bill, for years.  I know 

11   where his head was at in the beginning, I know 

12   where it was in the process, I know where it is 

13   now.  It has nothing to do with anything other 

14   than Senator DeFrancisco, a man with a wealth of 

15   experience, trying to do the right thing by the 

16   public.  I am so blessed and happy to call him my 

17   colleague.  

18                And I'm going to -- if I could vote 

19   yes twice, I would do it in a second.  

20                Mr. President, thank you.  I vote in 

21   the affirmative.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Flanagan in the affirmative.

24                Senator Bonacic to explain his vote.

25                SENATOR BONACIC:   Real brief.  


                                                               3919

 1                Senator Kaminsky, I think you're 

 2   right.  I think there will be more harassment, 

 3   more aggravation for DAs if this becomes law.  

 4   But I do believe it will be short term.  I do 

 5   believe that a lot of this stuff, with the 

 6   passage of time, these false claims will go away.  

 7   And just maybe having this commission in place, 

 8   maybe a bad-actor prosecutor will not do a bad 

 9   indictment.  And we would have accomplished a lot 

10   if that happens.

11                I vote yes.  Thank you, 

12   Mr. President.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Bonacic to be recorded in the affirmative.

15                Senator Krueger to explain her vote.

16                SENATOR KRUEGER:   Thank you, 

17   Mr. President.

18                So it's true, it was a bipartisan 

19   debate.  It was probably one of the better 

20   debates I've seen on the floor of this house in 

21   the 16 years I've been here.  

22                It's a critically important issue we 

23   take on.  It's probably not a perfect bill.  But 

24   you know what?  As many of my colleagues said, we 

25   can do this bill today and we can do chapter 


                                                               3920

 1   amendment changes to make it even better in the 

 2   future.  

 3                There are so many people who have 

 4   nowhere to turn at this point in time that I feel 

 5   very proud that I am voting yes on this bill 

 6   today.  

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Krueger in the affirmative.

10                Senator Sanders to explain his vote.

11                SENATOR SANDERS:   Thank you, 

12   Mr. President.

13                I came here to give the position of 

14   the people in my district, and with -- I just 

15   want to read some of the names of the people so 

16   that they will have a voice as I vote.

17                Amine Baba-Ali.  Kareem Bellamy.  

18   Ricardo Benitez.  Lazaro Burt.  Carlos Cardenas.  

19   Napoleon Cardenas.  Lambert Charles.  Ronald 

20   Dudley.  Fancy Figueroa.  Teobaldo Guce.  Gerald 

21   Harris.  Lee Long.  I'm trying to do this fast.  

22   Angelo Martinez.  Terrence Mason.  Todd McCord.  

23   Julio Negron.  Lamar Palmer.  Racky Ramchair.  

24   Derrick Redd.  Arthur Stewart.  Clinton Turner.  

25   I could go on.


                                                               3921

 1                These are some of the people who 

 2   have been wrongfully convicted from Queens.  And 

 3   today, at least, they had their voices mentioned.

 4                This is not a perfect bill.  I look 

 5   forward to working on it in the future to ensure 

 6   that if it does anything negative to prosecutors, 

 7   that we can find a way to remedy that.  

 8                But those people deserve their 

 9   voices heard too, and I vote yes on behalf of 

10   them.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Sanders in the affirmative.

13                Senator Savino to explain her vote.

14                SENATOR SAVINO:   Thank you, 

15   Mr. President.

16                You know, I've been in the Senate 

17   now 14 years, and I've been on the Judiciary 

18   Committee I think every year that I've been here.  

19   And I can remember debating in the Judiciary 

20   Committee with various members over the years 

21   about this bill.  We even debated it this morning 

22   discussing it amongst ourselves.  

23                And I actually thought I knew what I 

24   was going to do.  I'd always voted against it 

25   because of the very compelling arguments that 


                                                               3922

 1   Senator Kaminsky has made about it, and some of 

 2   the other members who have served as DAs.  And I 

 3   still think his arguments are very compelling, 

 4   and there are issues we have to make sure we 

 5   correct.  

 6                But after listening to this 

 7   bipartisan debate that Senator Flanagan 

 8   referenced, and listening to some of you who have 

 9   been practicing prosecutors, those of you who are 

10   practitioners of the law, I find myself for the 

11   first time changing my vote.  

12                I thought I knew what I was going to 

13   do when I walked in the room.  I was going to 

14   vote no.  But now, after listening to the 

15   passion -- people -- and reminding us what we're 

16   really supposed to be doing here, which is about 

17   providing fairness to our constituents 

18   everywhere -- and this may not be the perfect 

19   bill.  I think Senator Kaminsky is right, I think 

20   we have to take a crack at it next year, maybe 

21   improve it.  But I think we have to strike a blow 

22   for fairness for people who don't feel that they 

23   have a fair shake in our court system.  

24                I vote in the affirmative, 

25   Mr. President.


                                                               3923

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Savino to be recorded in the affirmative.  

 3                Senator Bailey to explain his vote.

 4                SENATOR BAILEY:   Thank you, 

 5   Mr. President.  I'll be very brief.  

 6                The journey of a thousand miles 

 7   begins with yet a single step, and this is that 

 8   step.  It is not perfect.  I don't want to, you 

 9   know, continue to say everything that's been 

10   said, but this was an enlightening debate, and we 

11   should have more of them.  

12                The greatest thing about democracy 

13   can be dissent because we need to hear things 

14   that are outside of our echo chamber and we need 

15   to talk about issues that we're not comfortable 

16   with.  This is not a comfortable conversation.  

17   We weren't sent to Albany to be comfortable.  We 

18   were sent to Albany to impact the lives of 

19   300,000 representatives-plus in our district 

20   every single day.  That's what I come to work 

21   for.  

22                And yes, I look forward to a more 

23   robust discussion of this and many other 

24   substantive issues in criminal justice.  Senator 

25   DeFrancisco said, once again, discovery reform, 


                                                               3924

 1   we should do it.  

 2                This single step today is something 

 3   that I'm proud to stand with my colleagues in 

 4   voting aye for, Mr. President.  And I thank you 

 5   for your time, and I thank all of my colleagues 

 6   for their discourse on this matter.  

 7                I vote aye, Mr. President.  

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Bailey to be recorded in the affirmative.  

10                Announce the results.

11                THE SECRETARY:   In relation to 

12   Calendar Number 1783, those recorded in the 

13   negative are Senators Addabbo, Gallivan, Griffo, 

14   Hoylman, Kaminsky, Marchione, O'Mara, 

15   Ranzenhofer, Ritchie, Seward, Tedisco and Young.

16                Absent from voting:  Senators Dilan 

17   and Felder.

18                Ayes, 45.  Nays, 12.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                (Applause.)

22                ACTING PRESIDENT GRIFFO:   Senator 

23   DeFrancisco.

24                SENATOR DeFRANCISCO:   Can we now 

25   take up the noncontroversial reading of the 


                                                               3925

 1   active calendar, please.

 2                ACTING PRESIDENT GRIFFO:   We will 

 3   begin the noncontroversial reading of today's 

 4   original active-list calendar.

 5                Calendar 128, the Secretary will 

 6   read.

 7                THE SECRETARY:   Calendar Number 

 8   128, by Senator Avella, Senate Print 1409, an act 

 9   to amend the Family Court Act.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect on the 30th day.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 59.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   660, by Senator Hoylman, Senate Print 7780, an 

22   act relating to granting.

23                ACTING PRESIDENT GRIFFO:   There is 

24   a home-rule message present at the desk.

25                The Secretary will read the last 


                                                               3926

 1   section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 59.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1105, by Senator Ranzenhofer, Senate Print 6686, 

12   an act to amend the State Finance Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the 180th day.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 59.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1159, by Senator Gallivan, Senate Print 4252B, an 

25   act to authorize.


                                                               3927

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 3.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 59.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1167, by Senator Phillips, Senate Print 8248, an 

13   act to amend the Retirement and Social Security 

14   Law.

15                ACTING PRESIDENT GRIFFO:   There is 

16   a home-rule message present at the desk.

17                The Secretary will read the last 

18   section.

19                THE SECRETARY:   Section 4.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 59.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3928

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1168, by Senator Phillips, Senate Print 8293, an 

 4   act to amend the Retirement and Social Security 

 5   Law.

 6                ACTING PRESIDENT GRIFFO:   There is 

 7   a home-rule message present at the desk.

 8                The Secretary will read the last 

 9   section.

10                THE SECRETARY:   Section 4.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 59.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1325, substituted earlier by Member of the 

20   Assembly Carroll, Assembly Print 10365, an act to 

21   amend Chapter 363 of the Laws of 2010.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3929

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 59.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1349, by Senator Lanza, Senate Print 8230, an act 

 9   to amend the Executive Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 59.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   passes.

20                THE SECRETARY:   Calendar Number 

21   1359, by Senator Young, Senate Print 446, an act 

22   to amend the Mental Hygiene Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 17.  This 


                                                               3930

 1   act shall take effect on the 30th day.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Krueger to explain her vote.  

 7                SENATOR KRUEGER:   So we just had a 

 8   robust debate on a different bill involving the 

 9   court system and what can happen.  

10                In this bill, we expand the 

11   definition of who can be involuntarily 

12   hospitalized.  The law is already clear.  If 

13   you're going to be at risk of doing harm to 

14   yourself or others, you can be involuntarily, 

15   against your will, put into a hospital.  

16                I feel that the expansion of the law 

17   is too broad in this bill and opens us up to the 

18   risk of people, based on behaving in ways that 

19   don't make us comfortable, translating into their 

20   being involuntarily hospitalized.  

21                So I do think when we're going to 

22   take away someone's freedom and liberty, whether 

23   it's to put them in a prison or in a hospital, we 

24   need to make sure our standards are extremely 

25   high for that.  And so I must vote no, 


                                                               3931

 1   Mr. President.  

 2                Thank you.  

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Krueger to be recorded in the negative.

 5                Announce the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar 1359, those recorded in the negative are 

 8   Senators Alcantara, Bailey, Benjamin, Brooks, 

 9   Comrie, Hoylman, Kaminsky, Krueger, Mayer, 

10   Montgomery, Parker, Persaud, Rivera and Sanders.  

11   Also Senator Kavanagh.

12                Ayes, 44.  Nays, 15.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   passes.

15                THE SECRETARY:   Calendar Number 

16   1371, substituted earlier by Member of the 

17   Assembly Peoples-Stokes, Assembly Print 8156, an 

18   act to amend the State Finance Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3932

 1                THE SECRETARY:   Ayes, 59.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1448, by Senator Felder, Senate Print 2106C, an 

 6   act to amend the Education Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 59.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   passes.

17                THE SECRETARY:   Calendar Number 

18   1474, by Senator Akshar, Senate Print 8431, an 

19   act to amend the Correction Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               3933

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 59.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   passes.

 5                THE SECRETARY:   Calendar Number 

 6   1718, by Senator Krueger, Senate Print 6379, an 

 7   act to amend the Education Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 59.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.  

18                Senator DeFrancisco, that completes 

19   the noncontroversial reading of the active list 

20   originally before the house.

21                SENATOR DeFRANCISCO:   Can we go 

22   back to motions and resolutions, please.

23                ACTING PRESIDENT GRIFFO:   We will 

24   return to motions and resolutions.

25                SENATOR DeFRANCISCO:   I wish to 


                                                               3934

 1   call up Senator LaValle's bill, Print 6278, 

 2   recalled from the Assembly, which is now at the 

 3   desk.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Calendar Number 

 7   1185, by Senator LaValle, Senate Print 6278, an 

 8   act to amend Chapter 699 of the Laws of 1947.

 9                SENATOR DeFRANCISCO:   I now move to 

10   reconsider the vote by which the bill was passed.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll on reconsideration.

13                THE SECRETARY:   Ayes, 59.

14                SENATOR DeFRANCISCO:   I offer the 

15   following amendments.

16                ACTING PRESIDENT GRIFFO:   The 

17   amendments are received.

18                SENATOR DeFRANCISCO:   Now can we 

19   take up the noncontroversial reading of the 

20   balance of Supplemental Calendar 55A, please.

21                ACTING PRESIDENT GRIFFO:   The 

22   Secretary will begin reading Senate Supplemental 

23   Calendar 55A, with Calendar Number 1781.

24                THE SECRETARY:   Calendar Number 

25   1781, substituted earlier by Member of the 


                                                               3935

 1   Assembly Buchwald, Assembly Print 7819A, an act 

 2   to amend the State Finance Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect on the 60th day.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 59.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1782, by Senator Golden, Senate Print 1862A, an 

15   act to amend the Civil Service Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 4.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 59.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   passes.


                                                               3936

 1                THE SECRETARY:   Calendar Number 

 2   1784, by Senator Griffo, Senate Print 2538A, an 

 3   act to amend the Vehicle and Traffic Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 59.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   passes.

14                THE SECRETARY:   Calendar Number 

15   1785, by Senator DeFrancisco, Senate Print 3502, 

16   an act to amend the State Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Krueger to explain her vote.


                                                               3937

 1                SENATOR KRUEGER:   Thank you, 

 2   Mr. President.

 3                I will vote for this bill, but for 

 4   the record, there are much more attractive 

 5   amphibians in New York State.  There's quite a 

 6   few newts I looked up that are far more 

 7   interesting, some of them spotty, some of them 

 8   sticky.

 9                So I didn't think we needed another 

10   debate today on amphibians.  And I will vote yes, 

11   but I think we could have been a little more 

12   creative.  

13                Thank you, Mr. President.

14                ACTING PRESIDENT GRIFFO:   Perhaps 

15   if you kissed a frog, they may become a prince or 

16   princess.

17                Senator Krueger in the affirmative.

18                Senator Sanders to explain his vote.

19                SENATOR SANDERS:   I think it is 

20   only fitting that the sponsor is giving this to 

21   us.  I think that if anyone can convince us that 

22   this worthy animal -- no, amphibian, amphibian 

23   should represent the greatness of New York, it is 

24   the sponsor.  

25                So in that spirit, I agree with him 


                                                               3938

 1   and I vote yes.  

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Sanders to be recorded in the affirmative.

 4                Senator DeFrancisco, without a frog 

 5   in his throat.

 6                SENATOR DeFRANCISCO:   Well, just to 

 7   remind everyone, there was a fourth-grade class 

 8   in my district that was studying amphibians and 

 9   found out that there was no state amphibian.  

10                And as an exercise in government -- 

11   and that's the only reason I'm doing this -- they 

12   lobbied me, they wrote me, they come to Albany, 

13   they came to -- and here now they can see that 

14   government does work.

15                Thank you.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   DeFrancisco in the affirmative.

18                Announce the results.

19                THE SECRETARY:   In relation to 

20   Calendar 1785, those recorded in the negative are 

21   Senators Gianaris, Hoylman and Kennedy.

22                Ayes, 56.  Nays, 3.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   passes.

25                THE SECRETARY:   Calendar Number 


                                                               3939

 1   1786, by Senator Lanza, Senate Print 3541, an act 

 2   to amend the Public Health Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 59.  

11                ACTING PRESIDENT GRIFFO:   The bill 

12   passes.

13                THE SECRETARY:   Calendar Number 

14   1787, substituted earlier by Member of the 

15   Assembly Simotas, Assembly Print 2451, an act to 

16   amend the Public Service Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 59.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3940

 1   passes.

 2                THE SECRETARY:   Calendar Number 

 3   1788, substituted earlier by Member of the 

 4   Assembly Peoples-Stokes, Assembly Print 2788B, an 

 5   act to amend the Tax Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 59.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   passes.

16                THE SECRETARY:   Calendar Number 

17   1789, by Senator DeFrancisco, Senate Print 5631B, 

18   an act to amend the Vehicle and Traffic Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect on the first of November.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3941

 1                THE SECRETARY:   Ayes, 59.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1790, substituted earlier by Member of the 

 6   Assembly Abbate, Assembly Print 6991, an act to 

 7   amend Chapter 154 of the Laws of 1921.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect upon the enactment into law 

12   by the State of New Jersey.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 59.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   passes.

19                THE SECRETARY:   Calendar Number 

20   1791, by Senator O'Mara, Senate Print 6475A, an 

21   act to direct.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 6.  This 

25   act shall take effect immediately.


                                                               3942

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 59.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   passes.

 7                THE SECRETARY:   Calendar Number 

 8   1792, by Senator Ranzenhofer, Senate Print 6622A, 

 9   an act to amend the General Municipal Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 4.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 58.  Nays, 1.  

18   Senator Krueger recorded in the negative.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1793, by Senator Amedore, Senate Print 6666, an 

23   act to amend the Workers' Compensation Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3943

 1                THE SECRETARY:   Section 4.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 59.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1794, by Senator Persaud, Senate Print 7018, an 

11   act to amend the Public Service Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect on the 120th day.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 59.  

20                ACTING PRESIDENT GRIFFO:   The bill 

21   passes.

22                THE SECRETARY:   Calendar Number 

23   1795, by Senator Ranzenhofer, Senate Print 7397A, 

24   an act to amend the Tax Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3944

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect April 1, 2019.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT GRIFFO:   Announce 

 8   the results.

 9                THE SECRETARY:   In relation to 

10   Calendar 1795, those recorded in the negative are 

11   Senators Addabbo, Bailey, Brooks, Hoylman, 

12   Kavanagh, Krueger, Mayer and Sanders.  

13                Ayes, 51.  Nays, 8.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   passes.

16                THE SECRETARY:   Calendar Number 

17   1796, by Senator O'Mara, Senate Print 7561A, an 

18   act to amend the Tax Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 4.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               3945

 1                ACTING PRESIDENT GRIFFO:   Announce 

 2   the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar 1796, those recorded in the negative are 

 5   Senators Hoylman, Kavanagh, Krueger and Rivera.

 6                Ayes, 55.  Nays, 4.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   1797 --

11                ACTING PRESIDENT GRIFFO:   It's 

12   getting a little noisy in the chamber.  

13                The Secretary will continue.  

14                THE SECRETARY:   Calendar Number 

15   1797, by Senator Ranzenhofer, Senate Print 7815, 

16   an act to amend the Tax Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.  

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 59.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3946

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1798, substituted earlier by Member of the 

 4   Assembly Fahy, Assembly Print 10058, an act to 

 5   amend Chapter 454 of the Laws of 2010.

 6                ACTING PRESIDENT GRIFFO:   There is 

 7   a home-rule message present at the desk.

 8                The Secretary will read the last 

 9   section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 59.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1799, substituted earlier by Member of the 

20   Assembly Jaffee, Assembly Print 9729, an act to 

21   amend the Real Property Tax Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               3947

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 59.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   passes.

 7                THE SECRETARY:   Calendar Number 

 8   1800, by Senator Kaminsky, Senate Print 8127, an 

 9   act authorizing.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 58.  Nays, 1.  

18   Senator Bonacic recorded in the negative.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   passes.

21                THE SECRETARY:   Calendar Number 

22   1801, by Senator Addabbo, Senate Print 8193, an 

23   act to amend the Environmental Conservation Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3948

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 56.  Nays, 3.  

 7   Senators Griffo, Lanza and Ranzenhofer recorded 

 8   in the negative.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   1802, by Senator Murphy, Senate Print 8560A, an 

13   act to amend the Alcoholic Beverage Control Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 27.  This 

17   act shall take effect on the 90th day.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 59.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   passes.

24                THE SECRETARY:   Calendar Number 

25   1803, by Senator LaValle, Senate Print 8639C, an 


                                                               3949

 1   act to amend the Education Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 6.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 59.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   passes.

12                THE SECRETARY:   Calendar Number 

13   1804, substituted earlier by Member of the 

14   Assembly Nolan, Assembly Print 381, an act to 

15   amend the Education Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 59.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   passes.


                                                               3950

 1                THE SECRETARY:   Calendar Number 

 2   1805, by Senator Ortt, Senate Print 8769, an act 

 3   to amend the Mental Hygiene Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the 180th day.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 59.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   passes.

14                THE SECRETARY:   Calendar Number 

15   1806, by Senator Felder --

16                SENATOR DeFRANCISCO:   Lay the bill 

17   aside for the day, please. 

18                ACTING PRESIDENT GRIFFO:   Lay the 

19   bill aside for the day.

20                THE SECRETARY:   Calendar Number 

21   1807, by Senator Seward, Senate Print 8830, an 

22   act to amend the Agriculture and Markets Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 4.  This 


                                                               3951

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 59.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   passes.

 8                THE SECRETARY:   Calendar Number 

 9   1808, substituted earlier by Member of the 

10   Assembly Santabarbara, Assembly Print 9868A, an 

11   act to amend the Public Health Law.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 59.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.  

22                Senator DeFrancisco, that completes 

23   the noncontroversial reading of Senate 

24   Supplemental Calendar 55A.

25                SENATOR DeFRANCISCO:   I would just 


                                                               3952

 1   like to take a moment to recognize the birthday 

 2   of one of our very senior members, Senator John 

 3   Bonacic.

 4                (Applause.)

 5                ACTING PRESIDENT GRIFFO:   Happy 

 6   birthday, Senator Bonacic.  

 7                The odds are good that you'll 

 8   continue for a long time.  Congratulations.

 9                SENATOR DeFRANCISCO:   There is a 

10   supplemental active list with one bill on it, 

11   Calendar 1446, by Senator Felder.  And I'd like 

12   to lay that bill aside for the day.

13                ACTING PRESIDENT GRIFFO:   That bill 

14   will be laid aside for the day.

15                SENATOR DeFRANCISCO:   And could we 

16   return to motions and resolutions.

17                ACTING PRESIDENT GRIFFO:   We will 

18   return to motions and resolutions.

19                SENATOR DeFRANCISCO:   I'd like to 

20   call up Senator LaValle's bill, Print 6278, 

21   recalled from the Assembly, which is now at the 

22   desk.  Or did we do this?  

23                ACTING PRESIDENT GRIFFO:   We did 

24   it.

25                SENATOR DeFRANCISCO:   We did it.  


                                                               3953

 1   It was under my papers.  So I guess I should say 

 2   never mind.

 3                Is there any further business at the 

 4   desk?

 5                ACTING PRESIDENT GRIFFO:   There is 

 6   no further business at the desk.

 7                SENATOR DeFRANCISCO:   In that case 

 8   I move to adjourn until Monday, June 18th, at 

 9   1:00 p.m. -- 1:00 p.m. -- intervening days being 

10   legislative days.

11                ACTING PRESIDENT GRIFFO:   On 

12   motion, the Senate will stand adjourned until 

13   Monday, June 18th, at 1:00 p.m., intervening days 

14   being legislative days.

15                The Senate is adjourned.

16                (Whereupon, at 2:09 p.m., the Senate 

17   adjourned.)

18

19

20

21

22

23

24

25