Monday, May 9, 1994

3302 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 May 9, 1994 11 2:21 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR HUGH T. FARLEY, President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 3303 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: The 3 Senate will come to order. Senators will please 4 find their seats. Please rise for the Pledge of 5 Allegiance to the Flag. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag.) 8 Today in the absence of clergy, 9 we'll bow our heads for a moment of silence. 10 (A moment of silence was 11 observed.) 12 The Secretary will begin by 13 reading the Journal. 14 THE SECRETARY: In Senate, 15 Sunday, May 8th. The Senate met pursuant to 16 adjournment, Senator Bruno in the Chair upon 17 designation of the Temporary President. The 18 Journal of Saturday, May 7th, was read and 19 approved. On motion, the Senate adjourned. 20 ACTING PRESIDENT FARLEY: Hearing 21 no objection, the Journal will stand approved as 22 read. The order of business: 23 Presentation of petitions. 3304 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Reports of select committees. 5 Communications and reports from 6 state officers. 7 Motions and resolutions. 8 Senator Larkin, for a motion. 9 SENATOR LARKIN: Mr. President, 10 on behalf of Mr. Farley, would you please remove 11 the star from Senate Bill 214-C, Calendar Number 12 435. 13 ACTING PRESIDENT FARLEY: The 14 star is removed. 15 Senator Present. 16 SENATOR PRESENT: Would you 17 recognize Senator Stafford, please. 18 ACTING PRESIDENT FARLEY: Senator 19 Stafford. 20 SENATOR STAFFORD: I respectfully 21 announce a -- an immediate meeting of the 22 Committee on Finance in Room 332. 23 ACTING PRESIDENT FARLEY: There 3305 1 will be an immediate meeting of the Finance 2 Committee in Room 332. 3 Senator DiCarlo. 4 SENATOR DiCARLO: Mr. President, 5 I move the following bills be discharged from 6 their respective committees and be recommitted 7 with instructions to strike the enacting 8 clause: Senate 4264. Also - 9 ACTING PRESIDENT FARLEY: Without 10 objection, the enacting clause is struck. 11 SENATOR DiCARLO: -- on page 35, 12 I offer the following amendments to Calendar 13 Number 719, Print Number 7248, and ask that the 14 bill retain its place on third reading. 15 ACTING PRESIDENT FARLEY: Without 16 objection. 17 SENATOR DiCARLO: I wish to call 18 up my bill, 6861, recalled from the Assembly 19 which is now at the desk. 20 ACTING PRESIDENT FARLEY: Senator 21 -- the Secretary will read Senator DiCarlo's 22 bill. 23 SENATOR DiCARLO: Senator 3306 1 Wright's bill. 2 ACTING PRESIDENT FARLEY: Senator 3 Wright's bill. 4 THE SECRETARY: Senate Bill 5 Number 6861, by Senator Wright, an act to 6 authorize the city of Ogdensburg School District 7 to finance the accumulated deficit. 8 SENATOR DiCARLO: Mr. President, 9 I now move to reconsider the vote by which this 10 bill was passed. 11 ACTING PRESIDENT FARLEY: Call 12 the vote -- roll on reconsideration of the bill. 13 (The Secretary called the roll on 14 reconsideration.) 15 THE SECRETARY: Ayes 31. 16 ACTING PRESIDENT FARLEY: Senator 17 DiCarlo. 18 SENATOR DiCARLO: Mr. President, 19 I now offer the following amendments. 20 ACTING PRESIDENT FARLEY: The 21 amendments are received. The bill will retain 22 its place. 23 We have another motion by Senator 3307 1 DiCarlo. 2 SENATOR DiCARLO: On behalf of 3 Senator Skelos, please place a sponsor's star on 4 Calendars Number 769, 771 and 794. 5 ACTING PRESIDENT FARLEY: The 6 bills are starred. 7 SENATOR DiCARLO: Thank you. 8 ACTING PRESIDENT FARLEY: The 9 Secretary will read some substitutions. 10 THE SECRETARY: On page 5 of 11 today's calendar, Senator Nozzolio moves to 12 discharge the Committee on Elections from 13 Assembly Bill Number 10249-A and substitute it 14 for the identical Calendar Number 858. 15 ACTING PRESIDENT FARLEY: 16 Substitution is ordered. 17 THE SECRETARY: Also on page 5, 18 Senator Nozzolio moves to discharge the 19 Committee on Elections from Assembly Bill Number 20 10389 and substitute it for the identical 21 Calendar Number 859. 22 ACTING PRESIDENT FARLEY: 23 Substitution is ordered. 3308 1 Any other motions? What have we 2 got, another motion? 3 THE SECRETARY: Senator DiCarlo. 4 ACTING PRESIDENT FARLEY: Senator 5 DiCarlo, you have another motion, I understand. 6 SENATOR DiCARLO: On behalf of 7 Senator Johnson, please place a sponsor's star 8 on Calendar Number 721 and 722. 9 ACTING PRESIDENT FARLEY: Bills 10 are starred at the request of the sponsor. 11 Senator Present. 12 SENATOR PRESENT: Mr. President, 13 I would like the Senate to stand at ease for a 14 few moments. 15 ACTING PRESIDENT FARLEY: The 16 Senate will stand at ease for a few moments. 17 (Whereupon, the Senate stood at 18 ease.) 19 ACTING PRESIDENT FARLEY: The 20 Senate will come to order. 21 Senator Present. 22 SENATOR PRESENT: Mr. President, 23 can we return to reports of standing 3309 1 committees? 2 ACTING PRESIDENT FARLEY: We 3 certainly can. The Secretary will read the 4 report of the standing Committee on Finance. 5 THE SECRETARY: Senator Stafford, 6 from the Committee on Finance, reports the 7 following bills directly for third reading: 8 Senate Bill Number 8465, by the 9 Senate Committee on Rules, making an 10 appropriation for debt service obligations of 11 the City University of New York. 12 Also Senate Bill 8466, by the 13 Committee on Rules, an act making an 14 appropriation to the support and operating 15 expenses of the New York City Transit Authority. 16 Senate Bill Number 8467, by the 17 Committee on Rules, an act to provide for 18 payments to municipalities. 19 Senate Bill Number 8468, by the 20 Committee on Rules, an act act to provide for 21 payments to vendors under the Women, Infants and 22 Children's program, making an appropriation 23 therefor. 3310 1 Also Senate Bill 8469, by the 2 Committee on Rules, an act making an 3 appropriation for debt service obligations of 4 the Dormitory Authority. All bills reported 5 directly for third reading. 6 ACTING PRESIDENT FARLEY: All 7 bills reported directly to third reading. 8 Senator Present. 9 SENATOR PRESENT: Mr. President, 10 can we start on those bills and have the third 11 reading at this time? 12 ACTING PRESIDENT FARLEY: Yes, we 13 can. 14 SENATOR PRESENT: Starting with 15 Calendar 862. 16 ACTING PRESIDENT FARLEY: The 17 Secretary -- the Secretary will read the title. 18 THE SECRETARY: Calendar Number 19 862, by the Senate Committee on Rules, Senate 20 Bill Number 8465, an act making an appropriation 21 for debt service obligations of the City 22 University of New York. 23 SENATOR PRESENT: Mr. President, 3311 1 is there a message of necessity and - 2 ACTING PRESIDENT FARLEY: There's 3 two messages with this bill. 4 SENATOR PRESENT: -- and a 5 message of appropriation? I move we accept the 6 messages. 7 ACTING PRESIDENT FARLEY: All in 8 favor of accepting the messages say aye. 9 (Response of "Aye".) 10 Those opposed, nay. 11 (There was no response.) 12 The messages are accepted. You 13 can read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT FARLEY: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 38. 20 ACTING PRESIDENT FARLEY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 863, by the Senate Committee on Rules, Senate 3312 1 Bill Number 8466, an act making an appropriation 2 to the support and operating expenses of the New 3 York City Transit Authority. 4 SENATOR PRESENT: Mr. President, 5 are there two messages at the desk on this 6 bill? 7 ACTING PRESIDENT FARLEY: There 8 are, sir. 9 SENATOR PRESENT: I move that we 10 accept the messages. 11 ACTING PRESIDENT FARLEY: All in 12 favor of accepting the messages say aye. 13 (Response of "Aye".) 14 Those opposed, nay. 15 (There was no response.) 16 The messages are accepted. You 17 can read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT FARLEY: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 38. 3313 1 ACTING PRESIDENT FARLEY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 864, by the Senate Committee on Rules, Senate 5 Bill Number 8467, an act to provide for payments 6 to municipalities and to providers of medical 7 services. 8 SENATOR PRESENT: Mr. President, 9 are there messages at the desk for Calendar 10 864? 11 ACTING PRESIDENT FARLEY: Yes, 12 there are messages. 13 SENATOR PRESENT: I move that we 14 accept the messages. 15 ACTING PRESIDENT FARLEY: All in 16 favor of accepting the messages say aye. 17 (Response of "Aye".) 18 Those opposed, nay. 19 (There was no response.) 20 The messages are accepted. You 21 can read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 3314 1 ACTING PRESIDENT FARLEY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 36, nays 2, 5 Senators Holland and Maltese recorded in the 6 negative. 7 ACTING PRESIDENT FARLEY: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 865, by the Senate Committee on Rules, Senate 11 Bill Number 8468, an act to provide for payments 12 to vendors under the Women, Infant and 13 Children's program and making an appropriation 14 therefor. 15 ACTING PRESIDENT FARLEY: Senator 16 Present. 17 SENATOR PRESENT: Mr. President, 18 are there messages at the desk for Calendar 19 865? 20 ACTING PRESIDENT FARLEY: The 21 messages are here. 22 SENATOR PRESENT: I move that we 23 accept the messages. 3315 1 ACTING PRESIDENT FARLEY: All in 2 favor of accepting the messages please say aye. 3 (Response of "Aye".) 4 Those opposed, nay. 5 (There was no response.) 6 The messages are accepted. You 7 can read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT FARLEY: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 38. 14 ACTING PRESIDENT FARLEY: That 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 866, by the Senate Committee on Rules, Senate 18 Bill Number 8469, an act making an appropriation 19 for debt service obligations of the Dormitory 20 Authority. 21 ACTING PRESIDENT FARLEY: Senator 22 Present. 23 SENATOR PRESENT: Mr. President, 3316 1 are there messages at the desk for Calendar 2 866? 3 ACTING PRESIDENT FARLEY: The 4 messages are here. 5 SENATOR PRESENT: Mr. President, 6 I move that we accept the messages. 7 ACTING PRESIDENT FARLEY: All in 8 favor of accepting the messages of necessity say 9 aye. 10 (Response of "Aye".) 11 Those opposed, nay. 12 (There was no response.) 13 The messages are accepted. You 14 can read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT FARLEY: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 38. 21 ACTING PRESIDENT FARLEY: The 22 bill is passed. 23 Senator Present. 3317 1 SENATOR PRESENT: Would you 2 recognizes Senator Holland, please? 3 ACTING PRESIDENT FARLEY: Senator 4 Holland. 5 SENATOR HOLLAND: Mr. President, 6 two stars, please. Would you please star my 7 bill, Calendar Number 706? 8 ACTING PRESIDENT FARLEY: 706 is 9 starred at the request of the - 10 SENATOR HOLLAND: And Senator 11 Daly's bill, Calendar 708. 12 ACTING PRESIDENT FARLEY: 708 and 13 706 are starred at the request of the sponsors. 14 Senator Present. 15 SENATOR PRESENT: Mr. President, 16 can we take up the non-controversial calendar? 17 ACTING PRESIDENT FARLEY: 18 Non-controversial. The Secretary will read it. 19 THE SECRETARY: On page 19, 20 Calendar Number 224, by Senator Stafford, Senate 21 Bill Number 6321-A, an act in relation to the 22 creation of the Westport Fire District in the 23 town of Westport. 3318 1 ACTING PRESIDENT FARLEY: Senator 2 Stafford has a home rule message here at the 3 desk. You can read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT FARLEY: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 38. 10 ACTING PRESIDENT FARLEY: The 11 bill is passed. 12 THE SECRETARY: On page 27, 13 Calendar Number 561, by Senator Lack, Senate 14 Bill Number - 15 SENATOR GOLD: Lay it aside. 16 ACTING PRESIDENT FARLEY: Lay 17 that bill aside. 18 THE SECRETARY: On page 30, 19 Calendar Number 647, by Senator DeFrancisco, 20 Senate Bill Number 6769, an act to amend the 21 Criminal Procedure Law - 22 SENATOR GOLD: Lay it aside. 23 ACTING PRESIDENT FARLEY: Lay 3319 1 that bill aside. 2 THE SECRETARY: Calendar Number 3 663, by member of the Assembly Pheffer, Assembly 4 Bill Number 825, an act to amend the Insurance 5 Law, in relation to the notice of the 6 availability of uninsured motorist coverage. 7 SENATOR PRESENT: Lay that bill 8 aside for the day. 9 ACTING PRESIDENT FARLEY: Lay 10 that bill aside for today. 11 THE SECRETARY: Calendar Number 12 665, by member of the Assembly Sidikman, 13 Assembly Bill Number 9984, an act to amend the 14 Insurance Law - 15 ACTING PRESIDENT FARLEY: You can 16 read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT FARLEY: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 38. 23 ACTING PRESIDENT FARLEY: The 3320 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 699, by Senator Volker, Senate Bill Number 7574, 4 an act to amend the Criminal Procedure Law - 5 SENATOR GOLD: Can Senator Mendez 6 have one day on this bill, please? 7 ACTING PRESIDENT FARLEY: Lay the 8 bill aside for the day, Senator Present? 9 SENATOR PRESENT: Yep. 10 SENATOR GOLD: Thank you. 11 THE SECRETARY: Calendar Number 12 713, by Senator Goodman, Senate Bill Number 13 7243, an act to amend the Alcoholic Beverage 14 Control Law. 15 ACTING PRESIDENT FARLEY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT FARLEY: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 38. 23 ACTING PRESIDENT FARLEY: The 3321 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 715, by Senator Daly - 4 SENATOR PRESENT: Lay that bill 5 aside for the day. 6 ACTING PRESIDENT FARLEY: Lay it 7 aside for the day. 8 THE SECRETARY: Calendar Number 9 727, by Senator Hannon, Senate Bill Number 6627, 10 an act to amend the Administrative Code of the 11 city - 12 SENATOR GOLD: Lay it aside. 13 ACTING PRESIDENT FARLEY: Lay it 14 aside. 15 THE SECRETARY: Calendar Number 16 735, by Senator Volker, Senate Bill Number 17 5914-B, an act in relation to providing an 18 additional retirement benefit for certain 19 retirees. 20 ACTING PRESIDENT FARLEY: Senator 21 Volker has a home rule message here at the 22 desk. You can read the last section. 23 THE SECRETARY: Section 2. This 3322 1 act shall take effect immediately. 2 ACTING PRESIDENT FARLEY: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 39. 6 ACTING PRESIDENT FARLEY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 736, by Senator Farley, Senate Bill Number 10 6153-A, an act to amend the Retirement and 11 Social Security Law, in relation to the transfer 12 of previous service credit. 13 ACTING PRESIDENT FARLEY: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT FARLEY: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 39. 21 ACTING PRESIDENT FARLEY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 3323 1 738, by Senator Trunzo, Senate Bill Number 6825, 2 Public Authorities Law, in relation to 3 clarifying the status of employees of the 4 Manhattan and Bronx Surface Transportation 5 Authority. 6 ACTING PRESIDENT FARLEY: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT FARLEY: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 39. 14 ACTING PRESIDENT FARLEY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 741, by Senator Trunzo, Senate Bill Number 18 7694-A, an act to amend the Civil Service Law 19 and the Military Law. 20 ACTING PRESIDENT FARLEY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 3324 1 ACTING PRESIDENT FARLEY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 39. 5 ACTING PRESIDENT FARLEY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 748, by Senator Johnson, Senate Bill Number 9 6905, an act to amend the Benevolent Orders 10 Law - 11 ACTING PRESIDENT FARLEY: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT FARLEY: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 39. 19 ACTING PRESIDENT FARLEY: The 20 bill is passed. 21 Senator Present, that's the first 22 time through. 23 SENATOR PRESENT: Mr. President, 3325 1 let's go to the controversial calendar. 2 ACTING PRESIDENT FARLEY: The 3 Secretary will read the controversial calendar. 4 THE SECRETARY: On page 27, 5 Calendar Number 561, by Senator Lack, Senate 6 Bill Number 7213-A, an act to amend the Uniform 7 Commercial Code, in relation to regulation of 8 the leases of personal property. 9 SENATOR GOLD: Hold on one 10 second. (Pause.) Last section. 11 ACTING PRESIDENT FARLEY: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT FARLEY: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 40. 19 ACTING PRESIDENT FARLEY: The 20 bill is passed. 21 THE SECRETARY: On page 30, 22 Calendar Number 647, by Senator DeFrancisco, 23 Senate Bill Number 6769, an act to amend the 3326 1 Criminal Procedure Law. 2 SENATOR GOLD: Explanation. 3 ACTING PRESIDENT FARLEY: 4 Explanation has been asked for, Senator 5 DeFrancisco. 6 SENATOR DeFRANCISCO: This is an 7 amendment to the -- proposed amendment to the 8 Criminal Procedure Law that would provide the 9 court with an opportunity to direct the 10 defendant to provide certain information with an 11 application for bail. 12 Presently, the law reads that the 13 court should take into account several 14 principles in determining whether bail should be 15 set, and if so, how much. These include the 16 individual's character, reputation, habits and 17 mental condition, and it goes on for -- and 18 lists several other factors. Presently, that 19 determination has to be made according to the 20 Criminal Procedure Law based on -- quotes - 21 "available information". 22 There was an incident in Syracuse 23 where there was a murder of an estranged wife by 3327 1 a husband who was let out on bail and there was 2 really no realistic way that the court could 3 inquire into the mental condition of the person 4 applying for bail because there was no procedure 5 to order a defendant to do anything. So in this 6 situation, what this would do if it was passed 7 is provide the court with an opportunity to 8 require that information be provided, including 9 a mental exam, if necessary, to determine 10 whether bail should be set, and if so, how much, 11 and it would provide the court with a tool which 12 would be necessary so the court could use its 13 judgment based upon reliable information in 14 determining whether bail should be set in 15 accordance with those factors. 16 ACTING PRESIDENT FARLEY: Senator 17 Gold. 18 SENATOR GOLD: Yeah, would the 19 Senator yield to a question, please? 20 SENATOR DeFRANCISCO: Sure. 21 SENATOR GOLD: Senator, the -- a 22 question comes to my mind. I don't -- I'm not 23 standing up in out rage at the idea, but I'm 3328 1 just curious about something. If we put this 2 into law, what is your opinion as to the 3 reaction of most Supreme Court judges now, this 4 being a law? Do you think they will now take it 5 upon themselves to take the attitude that maybe 6 they ought to do it in every case, in case 7 somebody goes out and does something rash, they 8 can't be blamed for not having made the 9 evaluation? 10 SENATOR DeFRANCISCO: I can't 11 imagine that all judges will do that. It will 12 be up to the specific judge as to what evidence 13 he thinks is necessary. 14 Right now, if the court feels 15 that -- what's happening now is a practical 16 matter. If the court feels that there is some 17 mental illness or some problem that he detects 18 or based upon the facts would suggest, the only 19 mental examination that could be given at this 20 time is a competency examination, and oftentimes 21 that competency examination would be only held 22 after he's remanded without bail being held for 23 a competency examination, and then after it's 3329 1 given, that he might be released. 2 Under this procedure, it would 3 give the court another tool to avoid that 4 incarceration, and basically the tool would be 5 "if you are telling us, Counsel, that your 6 client should be released and there's no problem 7 as far as mental condition, there's no threat to 8 society as a result of this, provide us with 9 some information from the individual's doctor, 10 if he has a doctor or have your client submit to 11 an examination", so I can't answer as far as 12 what court or what judge will do what specific 13 thing. All I'm saying is that if the court has 14 to determine bail on several factors, the court 15 should have a tool upon which to give reliable 16 information to judge those factors. If the 17 court wants to use it, fine. If the court 18 chooses not to, they don't have to. 19 SENATOR GOLD: Would the Senator 20 yield to just one more question? 21 SENATOR DeFRANCISCO: Yes. 22 SENATOR GOLD: Senator, you're 23 making under existing law -- well, under 3330 1 existing law, there is a procedure whereby a 2 judge can order that some examination be done 3 but that must be in an incarcerated situation, 4 is that right? 5 SENATOR DeFRANCISCO: It's a 6 competency examination, and oftentimes, at least 7 in my jurisdiction when I've seen this happen, 8 they would be remanded without bail or kept - 9 held without bail until his competency 10 examination is performed. 11 SENATOR GOLD: Yeah, Senator, 12 what do you envision here? If this is part of a 13 bail application, wouldn't -- isn't it implicit 14 in this that the man would not be -- or woman 15 would not be put out on bail until the results? 16 Isn't it the same thing? 17 SENATOR DeFRANCISCO: But the 18 question, I think is timing. The competency 19 examination is required, you need two 20 physicians, two psychiatrists to go to the jail 21 and determine that, interview the defendant, get 22 that information in the light. With this 23 situation, it's conceivable that the defendant's 3331 1 attorney could bring in a doctor or bring in 2 whatever -- maybe that person was under 3 treatment, and there's an allegation that he's 4 not stable and there might be a doctor who's 5 been treating him for whatever and a report 6 could be brought to the judge, something that 7 could be generated by the defendant, in many 8 instances in less time than getting two 9 psychiatrists to do a competency exam. 10 SENATOR GOLD: Senator, the last 11 question I have is, shouldn't we -- if we're 12 going to do this, shouldn't we be giving some 13 kind of guidelines to the court? I mean, I 14 don't see anything in the bill as I look at it 15 which gives the court any guidance as to in 16 which cases it will decide that it needs this 17 help or doesn't need the help, and the remark 18 was made by a counsel, I'm not saying I agree 19 with it or not, that forgetting whether the idea 20 is a good one or not, that maybe the bill is 21 just too vaguely drafted. 22 We're talking about criminal laws 23 and we're talking about whether a judge should 3332 1 order this, and my only question is, maybe if 2 it's a good idea, which it may very well be, 3 Senator, whether or not we shouldn't give it a 4 little more guidance than saying, "Judge, if you 5 want to do it, do it." 6 SENATOR DeFRANCISCO: I 7 appreciate that suggestion. The problem now is, 8 however, that the standards upon which a court 9 determines bail is -- one of which is the 10 principal's character, reputation, habits and 11 mental condition, it's in the law in that vague 12 fashion as it is. All that this will do is give 13 the judge hopefully some reliable information 14 and another tool to determine -- quotes - 15 "mental condition", and that's -- I'm reading 16 directly from section 510.30, subsection (2) of 17 the Criminal Procedure Law. 18 SENATOR GOLD: Mr. President - 19 ACTING PRESIDENT FARLEY: Senator 20 Gold. 21 SENATOR GOLD: -- not to belabor 22 it, but if the gentleman would yield to one more 23 question. Senator, see, that's -- that's the 3333 1 part that I really, in practice, don't 2 necessarily agree with what happened in your 3 case. 4 This says that "in determining 5 bail, character, reputation, habits and mental 6 condition --" my understanding was that, in 7 practice, a judge would have conversations on 8 the record, as a matter of fact, with the 9 lawyers, the defense lawyers and the district 10 attorney and say to a defendant's lawyer, you 11 know, "I want to put the guy out on bail but I'm 12 concerned. This has been said -- this has been 13 said, and I would feel more comfortable if I got 14 a statement from his doctor or whatever, or if 15 he went to a doctor." I think all of that is 16 done. I don't know whether anybody has taken 17 appeals from it or anybody has seen court 18 orders, but I think that on a regular basis, a 19 lot of that is really done in our courts today. 20 I may be wrong, Senator, but that's my 21 reation. 22 SENATOR DeFRANCISCO: I don't 23 think it's done in our jurisdiction, and if it's 3334 1 done, then that's fine, but this will codify it 2 and give the judge the statutory authority to do 3 exactly that. Right now it just says that the 4 judge has got to be somewhat of a magician and 5 base it on available information rather than 6 concrete information that -- and reliable 7 information, so that's the intent of the bill. 8 ACTING PRESIDENT FARLEY: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT FARLEY: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 42, nays 1, 16 Senator Galiber recorded in the negative. 17 ACTING PRESIDENT FARLEY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 727, by Senator Hannon, Senate Bill Number 6627, 21 Administrative Code of the city of New York, in 22 relation to access to correct housing 23 maintenance code violation. 3335 1 SENATOR GOLD: Can you hold on? 2 (Pause.) Would the sponsor be kind enough to 3 lay it aside one day for Senator Mendez? 4 ACTING PRESIDENT FARLEY: Lay the 5 bill aside for the day. 6 SENATOR GOLD: Thank you very 7 much, Senator. 8 ACTING PRESIDENT FARLEY: Senator 9 Present, that concludes the controversial 10 calendar. 11 SENATOR PRESENT: Mr. President, 12 are there any housekeeping - 13 ACTING PRESIDENT FARLEY: Are 14 there any motions on the floor, Senator? 15 Senator Leichter has a motion. 16 SENATOR LEICHTER: Mr. President, 17 may I have unanimous consent to be recorded in 18 the negative on Calendar 736? 19 ACTING PRESIDENT FARLEY: 736, 20 Senator Leichter would be in the negative. Any 21 others? 22 Senator Present, seeing none - 23 SENATOR PRESENT: Mr. President, 3336 1 there being no further business, I move that we 2 adjourn until tomorrow at 3:00 p.m. 3 ACTING PRESIDENT FARLEY: The 4 Senate will stand adjourned until tomorrow at 5 3:00 p.m. 6 (Whereupon, at 3:05 p.m., the 7 Senate adjourned.) 8 9 10 11 12 13 14 15 16