Tuesday, May 13, 1997

3424 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 May 13, 1997 10 3:07 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 24 25 3425 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. Would everyone please rise and 4 join with me in the Pledge of Allegiance. 5 (The assemblage repeated the 6 Pledge of Allegiance to the Flag.) 7 May we bow our heads in a moment 8 of silence. 9 (A moment of silence was 10 observed.) 11 The reading of the Journal, 12 please. 13 THE SECRETARY: In Senate, 14 Monday, May 12th. The Senate met pursuant to 15 adjournment. The Journal of Friday, May 9th, 16 was read and approved. On motion, the Senate 17 adjourned. 18 THE PRESIDENT: Without 19 objection, the Journal stands approved as read. 20 Presentation of petitions. 21 Messages from the Assembly. 22 Messages from the Governor. 23 Reports of standing committees. 24 Reports of select committees. 25 Communications and reports from 3426 1 state officers. 2 Motions and resolutions. 3 Senator Farley. 4 SENATOR FARLEY: Thank you, Madam 5 President. 6 On behalf of Senator Maziarz, 7 please place a sponsor's star on Calendar 843. 8 On behalf of Senator Trunzo, on 9 page 17, I offer the following amendments to 10 Calendar 337, Print Number 1947, and ask that 11 bill retain its place. 12 On behalf of Senator Johnson, on 13 page 60, I offer the following amendments to 14 Calendar 925, Senate Print 3647, and I ask that 15 that bill retain its place on the Third Reading 16 Calendar. 17 THE PRESIDENT: The amendments 18 are received. 19 SENATOR FARLEY: On behalf of 20 Senator Tully, on page 12, I offer the following 21 amendments to Calendar Number 184, Senate Print 22 2567-A, and I ask that that bill retain its 23 place on the Third Reading Calendar. 24 THE PRESIDENT: The amendments 25 are received. 3427 1 SENATOR COOK: Please place a 2 sponsor's star on Calendar Number 820. 3 THE PRESIDENT: So ordered. 4 Senator Skelos. 5 SENATOR SKELOS: Madam President, 6 at this time may we please adopt the Resolution 7 Calendar. 8 THE PRESIDENT: The Secretary 9 will read -- oh, we're just adopting it. All 10 those in favor of adopting the Resolution 11 Calendar signify by saying aye. 12 (Response of "Aye".) 13 Opposed, nay. 14 (There was no response.) 15 The Resolution Calendar is 16 adopted. 17 SENATOR SKELOS: Madam President, 18 at this time if we could take up the non 19 controversial calendar. 20 THE PRESIDENT: The Secretary 21 will read. 22 THE SECRETARY: Senator Leibell 23 moves to discharge from the Committee on Rules 24 Assembly Bill Number 6024-A and substitute it 25 for the identical Senate bill Third Reading 501. 3428 1 Senator Leibell moves to 2 discharge from the Committee on Rules Assembly 3 Bill 6023 and substitute it for the identical 4 Senate bill Third Reading 511. 5 Senator DeFrancisco moves to 6 discharge from the Committee on Tourism, 7 Recreation and Sports Development Assembly bill 8 5452-A and substitute it for the identical 9 Senate bill Third Reading 909. 10 THE PRESIDENT: The substitutions 11 are ordered. 12 The Secretary will read. 13 THE SECRETARY: Calendar Number 14 508, by Senator Leibell, Senate Print 3604, an 15 act to amend the Executive Law, in relation to 16 the Building Code Act. 17 THE PRESIDENT: Read the last 18 section, please. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 41. 24 THE PRESIDENT: The bill is 25 passed. 3429 1 THE SECRETARY: Calendar Number 2 519, by Senator Lack, Senate Print 3608-A, an 3 act to amend the Judiciary Law, in relation to 4 disqualification from jury service. 5 THE PRESIDENT: Read the last 6 section, please. 7 THE SECRETARY: Section 3. This 8 act shall take effect August 1st. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 41. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 551, by Senator Levy, Senate Print 3727, an act 16 to amend the Vehicle and Traffic Law, in 17 relation to leaving the scene of injury to 18 certain animals. 19 THE PRESIDENT: Read the last 20 section, please. 21 THE SECRETARY: Section 2. This 22 act shall take effect in 120 days. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes 42. 3430 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 558, by Senator Saland, Senate Print 3612, an 5 act to amend the Executive Law and the Family 6 Court Act, in relation to orders of protection. 7 THE PRESIDENT: Read the last 8 section, please. 9 THE SECRETARY: Section 5. This 10 act shall take effect in 90 days. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 43. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 559, by Senator Saland, Senate Print 3618, an 18 act to amend the Social Services Law and the 19 Family Court Act, in relation to severe and 20 repeated child abuse. 21 THE PRESIDENT: Read the last 22 section, please. 23 THE SECRETARY: Section 7. This 24 act shall take effect on the first day of 25 November. 3431 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 44. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 621, by Senator Stafford, Senate Print 3766, an 8 act to amend the Executive Law, in relation to 9 permitting the Secretary of State to receive 10 records into custody. 11 THE PRESIDENT: Read the last 12 section, please. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 44. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 644, by Senator Present, Senate Print 3898, an 22 act to amend the Economic Development Law, the 23 Public Officers Law, the General Construction 24 Law, in relation to video conferencing the 25 meetings of the Economic Development Power 3432 1 Allocation Board. 2 THE PRESIDENT: Read the last 3 section, please. 4 THE SECRETARY: Section 6. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 44. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 645, by Senator Seward, Senate Print 4271, an 13 act to amend the Public Service Law, the Public 14 Officers Law and the General Construction Law, 15 in relation to video conferencing the meetings 16 of the Public Service Commission. 17 THE PRESIDENT: Read the last 18 section, please. 19 THE SECRETARY: Section 6. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 44. 24 THE PRESIDENT: The bill is 25 passed. 3433 1 THE SECRETARY: Calendar Number 2 650, by Senator Skelos, Senate Print 2211, an 3 act to amend the Civil Practice Law and Rules, 4 in relation to service of motions. 5 THE PRESIDENT: Read the last 6 section, please. 7 THE SECRETARY: Section 5. This 8 act shall take effect on the first day of 9 January. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 43, nays 1, 13 Senator Kuhl recorded in the negative. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 651, by Senator Skelos, Senate Print 2408-A, an 18 act to amend the Penal Law, in relation to 19 sexual abuse against a child by a person in a 20 position of trust. 21 THE PRESIDENT: Read the last 22 section, please. 23 THE SECRETARY: Section 4. This 24 act shall take effect on the first day of 25 November. 3434 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 44. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 652, by Senator Maziarz, Senate Print 2525, an 8 act to amend the Criminal Procedure Law, in 9 relation to period of limitation. 10 THE PRESIDENT: Read the last 11 section, please. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 44. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 654, by Senator Volker, Senate Print 3532, an 21 act to amend the Penal Law, in relation to 22 endangering the welfare of a child in the first 23 and second degrees. 24 THE PRESIDENT: Read the last 25 section, please. 3435 1 THE SECRETARY: Section 6. This 2 act shall take effect on the first day of 3 November. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 44. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 659, by Senator Hannon, Senate Print 3660, an 11 act to amend the Criminal Procedure Law, in 12 relation to imposing plea bargaining 13 limitations. 14 THE PRESIDENT: Read the last 15 section, please. 16 THE SECRETARY: Section 6. This 17 act shall take effect on the first day of 18 November. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 44. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 662, by Senator Larkin, Senate Print 3869, an 3436 1 act to amend the Civil Practice Law and Rules, 2 in relation to authorizing a claiming authority 3 to retain electronic equipment. 4 THE PRESIDENT: Read the last 5 section, please. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 45. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 666, by Senator Kuhl, Senate Print 901, an act 15 to amend the Vehicle and Traffic Law, in 16 relation to authorizing the operation of farm 17 motor vehicles on public highways. 18 SENATOR PATERSON: Lay it aside. 19 THE PRESIDENT: Lay it aside, 20 please. 21 THE SECRETARY: Calendar Number 22 681, by Senator Farley, Senate Print 2545-B, an 23 act to amend the Correction Law and the Penal 24 Law, in relation to establishing additional 25 restrictions on parole. 3437 1 SENATOR PATERSON: Lay it aside. 2 THE PRESIDENT: Lay it aside, 3 please. 4 THE SECRETARY: Calendar Number 5 685, by Senator Wright, Senate Print 4065, an 6 act to amend the Agriculture and Markets Law, in 7 relation to exempting certain persons who 8 slaughter not more than 1,000 rabbits from 9 licensing. 10 THE PRESIDENT: Read the last 11 section, please. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 48. 17 THE PRESIDENT: This bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 695, by Senator Libous, Senate Print 1984, an 21 act to amend the Mental Hygiene Law, in relation 22 to limiting the use of state funds for payment 23 of compensation. 24 THE PRESIDENT: Read the last 25 section, please. 3438 1 SENATOR KUHL: Lay the bill aside 2 for the day, please. 3 THE PRESIDENT: Lay it aside. 4 SENATOR WALDON: Madam President, 5 my colleagues, yesterday I was called out of the 6 chamber when we acted upon Calendar 616, Senate 7 1233. I would like the record to reflect that 8 had I been here, I would have been voting in the 9 negative. 10 THE PRESIDENT: Thank you. 11 SENATOR WALDON: Thank you very 12 much, Madam President. 13 THE PRESIDENT: The Secretary 14 will read. 15 THE SECRETARY: Calendar Number 16 700, by member of the Assembly Weinstein, 17 Assembly Print 4217, an act to amend Chapter 729 18 of the Laws of 1994, relating to effecting the 19 health insurance benefits and contributions of 20 retired employees. 21 THE PRESIDENT: Read the last 22 section, please. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll. 3439 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 50. 3 THE PRESIDENT: The bill is 4 passed. 5 Senator? 6 SENATOR KUHL: Yes, Madam 7 President. Would you have the Secretary read 8 the controversial calendar, please. 9 THE PRESIDENT: The Secretary 10 will read. 11 THE SECRETARY: On page 34, 12 Calendar Number 666, by Senator Kuhl, Senate 13 Print 901, an act to amend the Vehicle and 14 Traffic Law, in relation to authorizing the 15 operation of farm motor vehicles on public 16 highways. 17 SENATOR DOLLINGER: Explanation. 18 THE PRESIDENT: Senator Kuhl. 19 SENATOR KUHL: Yes, Madam 20 President. I'm told that this is a demonic 21 bill. That came from the Acting Minority 22 Leader, just in case you were interested. 23 Senator Dollinger, this is a 24 bill, a very, very simple bill. We have a 25 provision currently in the state law that allows 3440 1 for vehicles to be registered as what we call 2 farm vehicles. This allows for them to have a 3 separate standard of equipment that's mandated 4 by the state to be in operating function - 5 they're still safe but they don't necessarily - 6 because these vehicles go in and out of the 7 fields and are utilized for actually harvesting 8 in very limited periods of time -- and they have 9 a limit on the distance that they, in fact, can 10 travel from their location. I think it's a 11 25-mile distance. 12 In our area of the state -- I 13 don't know about your area in Rochester -- there 14 are times when, to get to a repair shop to have 15 something that is integral, as far as the 16 operation of a vehicle goes, you have to go 17 beyond that 25 miles an hour -- 25-mile 18 distance. 19 This bill simply would allow them 20 to go to a repair shop for those vehicles to be 21 fixed and brought to code required by the state. 22 THE PRESIDENT: Senator 23 Dollinger. 24 SENATOR DOLLINGER: One question, 25 Madam President, if I could. 3441 1 THE PRESIDENT: Do you yield, 2 Senator Kuhl? 3 SENATOR KUHL: Absolutely. 4 SENATOR DOLLINGER: Do the 5 current regulations require that those vehicles 6 have liability insurance when they're on state 7 highways? 8 THE PRESIDENT: Senator Kuhl. 9 SENATOR KUHL: Yes. 10 SENATOR DOLLINGER: So the 11 insured - 12 SENATOR KUHL: The registration 13 of all farm vehicles currently requires 14 liability insurance, yes. 15 SENATOR DOLLINGER: Okay. Thank 16 you, Madam President. 17 I'm going to vote in favor of the 18 bill. I was concerned about whether these 19 vehicles would be on our highways without 20 liability insurance, creating problems for other 21 drivers if there were a collision. I'm 22 satisfied that that's not the case. 23 I'll vote in the affirmative. 24 SENATOR KUHL: Read the last 25 section, please. 3442 1 THE PRESIDENT: Read the last 2 section, please. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 50. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 681, by Senator Farley, Senate Print 2545-B, an 12 act to amend the Correction Law and the Penal 13 Law, in relation to establishing additional 14 restrictions on parole. 15 THE PRESIDENT: Senator Farley. 16 SENATOR FARLEY: Thank you very 17 much. 18 This particular piece of 19 legislation builds upon the drug-free school 20 zone situation and it prevents -- or establishes 21 restrictions on a convicted sex offender - 22 child sex offender from living within 1000 feet 23 of the boundary of a school yard. 24 This bill is a -- is a -- this 25 legislation is being pursued around the United 3443 1 States. There were several instances in Florida 2 where a sex predator lived near a school yard 3 and was endangering the children that were 4 attending this school. It came about as a 5 result in the city of Gloversville that the 6 superintendent, and so forth, of the school 7 system requested legislation because of an 8 incident that happened within my district. 9 It's enthusiastically endorsed by 10 the New York State United Teachers and, in my 11 judgment, this is a reasonable bill. There was 12 some concern that was raised by Senator Abate 13 and others that maybe the distance was too 14 large, particularly for the city of New York. 15 What we're talking about here is 16 essentially 2000 feet because you're talking 17 about the school boundary lines and that would 18 be -- it would be less than about eight blocks 19 in the city of New York from the school, and I 20 think it does contain some mandatory penalty 21 enhancements. These are convicted sexual 22 predators of children and it ups the penalties, 23 for instance, if they have -- if they commit 24 this crime again and a few other things, but 25 with that, I would be happy to answer any 3444 1 questions. 2 The bill has been well received. 3 It is being carried in the Assembly by 4 Assemblyman Robach who, I believe is one of your 5 Assemblymen. 6 ACTING PRESIDENT WRIGHT: Senator 7 Paterson, why do you rise? 8 Senator Paterson. 9 SENATOR PATERSON: Thank you, Mr. 10 President. 11 If Senator Farley would yield for 12 a couple of questions. 13 ACTING PRESIDENT WRIGHT: Senator 14 Farley, would you yield to several questions? 15 SENATOR FARLEY: Several? 16 ACTING PRESIDENT WRIGHT: Senator 17 Farley. The Senator yields. 18 SENATOR PATERSON: Senator 19 Farley, you touched on the nature of the concern 20 that I would raise. I don't have a problem with 21 the merits of the legislation. I just have a 22 geographic problem. Being from New York City, I 23 live at 132nd Street and Lenox Avenue and just 24 in my mind, I have now considered that there are 25 six schools that fall within the 1000-foot 3445 1 boundary when you count the 1000-foot boundary 2 of the school and then add in the other 1000 3 yards distance, and I can't think of any place 4 in the whole borough of Manhattan -- we drew a 5 circle around 14th Street and Seventh Avenue- 6 and I'm sure Senator Abate could elaborate on 7 this more than that -- we found at least four or 8 five schools in that particular area. The only 9 way for any convicted sex offender to live in 10 that area would be if they lived on a barge in 11 the Hudson River. Therefore, don't you think 12 that the upstate region would then be the only 13 place that convicted sex offenders could live 14 because New York City, based on the geographic 15 limitations that you have put on this bill, 16 couldn't contain them? 17 SENATOR FARLEY: Senator 18 Paterson, I'm sorry. I would have to disagree 19 with you. I don't think that 1000 feet is an 20 unreasonable distance to live from a school even 21 within the city of New York. I'm well aware of 22 the city of New York. I came from there, and 23 let me just say this, that if there's three 24 schools within a 1000-foot radius, I don't think 25 he should be living next to three schools within 3446 1 that short of a distance. I'm sorry. He may 2 have to move to some place else. That's his 3 problem. 4 I think the children should be 5 protected and we are well aware of the 6 consequences that happened with child -- with 7 pedophiles, and so forth, and their recidivism 8 and a few other things. I don't think they 9 should be living within 1000 feet of the school, 10 particularly in the city of New York. 11 ACTING PRESIDENT WRIGHT: Senator 12 Paterson. 13 SENATOR PATERSON: Thank you. 14 Mr. President, if Senator Farley 15 would continue to yield. 16 SENATOR FARLEY: Sure. 17 ACTING PRESIDENT WRIGHT: Senator 18 Farley continues to yield. 19 SENATOR PATERSON: Senator, we're 20 not disagreeing on the merits of your bill. I 21 don't think the convicted sex offenders who have 22 brutalized children should live in areas where 23 they would be exposed to more children either. 24 I actually agree with your legislation. 25 All I'm saying is that based on 3447 1 the limits you appear to have set, if the - 2 when you were suggesting maybe the sex offender 3 would have to move somewhere, I agree with you 4 but the problem is if they all move upstate, I 5 don't think anybody in those neighborhoods wants 6 them there just because they have more distance 7 between the school and running throughout the 8 neighborhood, and so all I'm suggesting is that 9 we take another look because the 1000-foot 10 boundary of the property line of the school, 11 plus the other 1000 feet in your bill can add up 12 to 2000 feet and I'm just saying that there are 13 so many areas in New York City where the 14 individual would not be able to live, that we 15 might be oversaturating other parts of the 16 state, and I don't think they would appreciate 17 having convicted sex offenders of minors in 18 their neighborhoods either. I'm just going over 19 with you what the correct number should be. 20 The issue -- the issue -- if I 21 can just finish -- is well stated in your 22 legislation and you well stated in your 23 explanation and no one is quarreling with that 24 and we all actually appreciate that you thought 25 of it and are trying to codify it as law. What 3448 1 we're just simply, to restate, asking you to do 2 is to take another look at those numbers. 3 SENATOR FARLEY: Yes. If I may, 4 Senator Paterson. 5 I appreciate that because I take 6 the concerns of this state very seriously and of 7 this issue very seriously. 8 As a matter of fact, Senator 9 Abate, who is deep in conference right now, 10 suggested that that was originally 3000 feet, 11 and I changed that at her request to 1000. 12 ACTING PRESIDENT WRIGHT: Senator 13 Paterson, why do you rise? 14 SENATOR PATERSON: Mr. President. 15 SENATOR FARLEY: The bill was 16 amended at the request of your conference. 17 SENATOR PATERSON: What did 18 Senator Abate say when you changed it? 19 SENATOR FARLEY: She thought she 20 wanted to be a sponsor of the bill. 21 SENATOR PATERSON: Well, if it's 22 good enough for her, then, it's good enough for 23 me. 24 ACTING PRESIDENT WRIGHT: Thank 25 you, Senator. 3449 1 Senator Dollinger. 2 SENATOR DOLLINGER: Would the 3 sponsor yield to one question? 4 SENATOR FARLEY: I would be 5 delighted, Senator. 6 ACTING PRESIDENT WRIGHT: Senator 7 Farley yields. 8 Senator Dollinger. 9 SENATOR DOLLINGER: I think 10 Senator Paterson has properly pointed out that 11 one of consequences of this is that this bill, 12 if it some day becomes law, there won't be any 13 sex offenders in urban areas because of the - 14 SENATOR FARLEY: I don't agree 15 but go ahead. 16 SENATOR DOLLINGER: I can tell 17 you that in my district every 2000 feet, there 18 are at least one of the three institutions, but 19 I have a question. If they all go -- if all the 20 sex offenders are placed in largely rural areas, 21 what are you going to do about their close 22 proximity to places like Camp Massawepie? 23 SENATOR FARLEY: Camp who? 24 SENATOR DOLLINGER: Camp 25 Massawepie the Boy Scout camp in the Adirondacks 3450 1 that's probably more than 2000 feet from any 2 school, child care institution or -- I guess 3 it's just an educational institution or child 4 care institution, but you would have -- a sex 5 offender could reside within 2000 feet of a 6 boys' camp that's used most of the time. 7 SENATOR FARLEY: I think that you 8 -- I'm familiar with the Boy Scout camps, and 9 so forth. Generally speaking, there's not a lot 10 of housing in the close proximity of there -- of 11 most Boy Scout camps, but these are things that 12 we may have to address. I think the problem in 13 society is that a convicted sexual predator of 14 children should not have access, if you will, to 15 playgrounds, to -- access to children, 16 particularly school yards. Now, let's -- I 17 haven't included Boy Scout camps and I don't see 18 any great need to do this. 19 This particular legislation is 20 becoming adopted all over the nation because of 21 some serious consequences that they've had of 22 people -- sexual predators not only living near 23 a school ground but molesting children and - 24 near a school ground. 25 We have had some terrible 3451 1 incidents in your home county but certainly 2 right up here in Central New York of children 3 that have been murdered by sexual molesters, and 4 I think it's a problem that we need to address, 5 and I think this addresses it. 6 SENATOR DOLLINGER: Thank you, 7 Mr. President. Thank you, Senator Farley. 8 I just have one comment on the 9 bill. I'm not surprised that my colleague, 10 Assemblyman Robach, is the co-sponsor in the 11 other house because this bill, it seems to me, 12 is a perfect solution for those of us who 13 represent largely urban areas. 14 If this bill passes, I guarantee 15 you that you can go from the northwest section 16 of Greece to the southeast section of Brighton 17 and there isn't a place in the community that's 18 more than 2000 feet from either a school or a 19 child care institution. That's pretty much 20 four-tenths of a mile. I'll guarantee you that 21 everything in my district is within four-tenths 22 of a mile of one of these two institutions. 23 So this bill, if it became law, 24 means that there are no pedophiles, no convicted 25 sex offenders coming to my district. They will, 3452 1 however, as Senator Farley suggested, they may 2 be going to your district. They may be going to 3 Senator Stafford's district. They may be going 4 to Senator Kuhl's district and somehow taking 5 this problem and dumping it into rural areas is 6 not the real answer to the problem. 7 I'll vote for this bill. I'm 8 sold on the concept because it's good for my 9 district. Whether it solves the real problem, 10 which is trying to figure out how do we deal 11 with sex offenders who have served their time, 12 paid their penalty to the state of New York, how 13 do we deal with giving them rehabilitation and 14 doing something that prevents them from taking 15 this terrible, terrible problem and foisting it 16 on other children. It's a terrible problem. I 17 don't want it to happen, but somehow simply 18 sending them off to rural areas doesn't seem to 19 me to provide the whole solution. 20 SENATOR FARLEY: Senator 21 Dollinger, let me just say, I don't care where 22 they go, as long as they stay away from school 23 yards. 24 ACTING PRESIDENT WRIGHT: Senator 25 Onorato, why do you rise? 3453 1 SENATOR ONORATO: Mr. President, 2 will Senator Farley yield to a question? 3 ACTING PRESIDENT WRIGHT: Senator 4 Onorato, if I may, we have a list that we're 5 maintaining. 6 SENATOR ONORATO: I want to ask 7 the Senator a question. 8 ACTING PRESIDENT WRIGHT: As do 9 the other members, Senator, and if you will, 10 we'll maintain you on the list. 11 SENATOR ONORATO: Fine. 12 ACTING PRESIDENT WRIGHT: Thank 13 you. 14 Senator Leichter. 15 SENATOR LEICHTER: You want to 16 ask him now, George? I'm going to yield to 17 Senator Onorato. 18 ACTING PRESIDENT WRIGHT: Senator 19 Leichter yields to Senator Onorato. 20 Senator Onorato. 21 SENATOR ONORATO: Senator Farley, 22 I'm wholeheartedly in favor of the concept. My 23 concern is that regardless of whether they live 24 1000 feet or 2000 feet, is there anything in the 25 bill that prevents them from loitering within 3454 1 1000 feet, regardless of where they may live? 2 SENATOR FARLEY: No, there isn't. 3 SENATOR ONORATO: If they live 4 five miles and they come visiting the City and 5 they hang around the school yard, ten feet from 6 it, this wouldn't prevent them from standing ten 7 feet inside a school yard. 8 SENATOR FARLEY: The police 9 department, in my judgment, can effectively deal 10 with a loiterer that is hanging around a school 11 yard. 12 What we're trying to address here 13 is somebody that is hanging around a school yard 14 because he lives there. That's what I'm trying 15 to address and prevent. In other words, if he's 16 living right next to a school yard and he's a 17 convicted sexual offender of children, there's 18 not much the police can do about loitering. 19 SENATOR ONORATO: Just thought it 20 was some food for thought. 21 ACTING PRESIDENT WRIGHT: Senator 22 Leichter. 23 SENATOR LEICHTER: Thank you, Mr. 24 President. 25 Senator Farley, I wanted to ask 3455 1 you about the other provision in your bill. Do 2 I read it correctly that if somebody who had 3 been convicted of one of these offenses against 4 -- sexual offenses against a child, now he 5 commits it a second time, that if that act is 6 done within 2000 feet of a school, you double 7 the penalty. Do I read that correctly? 8 SENATOR FARLEY: I think you read 9 it correctly. That is correct. 10 SENATOR LEICHTER: Okay. Would 11 you be so good - 12 SENATOR FARLEY: As you're being 13 such an astute and capable lawyer, I commend you 14 for that. 15 SENATOR LEICHTER: Thank you, 16 Senator. You're always very gracious. 17 Now, Senator - 18 SENATOR FARLEY: As are you. 19 SENATOR LEICHTER: -- if he 20 commits that act at a playground that's not 21 connected to a school, then he's just subject to 22 the penalties that are now provided in law, is 23 that right? 24 SENATOR FARLEY: That's correct. 25 SENATOR LEICHTER: I mean - 3456 1 SENATOR FARLEY: See the 2 opportunities I give you for legislation? 3 That's something that you could include, maybe 4 Boy Scout camps, playgrounds. I'm just looking 5 out for school yards. 6 SENATOR LEICHTER: Senator, 7 you'll agree with me that most of the penalties 8 for repeat offenders are, indeed, very severe. 9 I mean, if it's -- I think in most instances 10 they're Class B felonies and the penalty is 11 already up to 25 years. You think that it's 12 going to be a real deterrent to somebody who 13 commits these acts, that he's going to say to 14 himself, Gee, I better not commit that act 15 within 2000 feet of a school because under 16 Senator Farley's bill, instead of being 17 sentenced to 25 years, I could be sentenced to 18 50 years. I'm going to commit the act beyond 19 the 2000 feet limit. Is that the theory of your 20 bill? 21 SENATOR FARLEY: No, that's not 22 necessarily the theory of the bill. The theory 23 of the bill is to be a deterrent to a convicted 24 sexual offender of children to not live near a 25 school yard. 3457 1 SENATOR LEICHTER: Senator, if 2 you would be so good as to yield. I'm not 3 addressing - 4 SENATOR FARLEY: No, I think that 5 that penalty can be a deterrent. I mean, I 6 realize that some people don't feel that any 7 penalty is a deterrent, but I think a doubling 8 of the penalty for committing a crime near a 9 school is -- can be a deterrent. Yes, I do. 10 SENATOR LEICHTER: Senator, these 11 are horrible -- if you continue to yield, 12 please. Senator, these are horrible crimes and, 13 as I say, we already provide a very severe 14 penalty of 25 years. Now, if you don't think 15 that's sufficient, why wouldn't you want to 16 protect children wherever they are, whether 17 they're at a playground, whether they're walking 18 home, whether they've come from church because 19 they have been at a communion event? I mean, 20 why is it that the idea that if you do this 21 crime within 2000 feet of a school, you're going 22 to double the penalty but if you do it anywhere 23 else, the penalty presently is sufficient? I 24 don't understand the reasoning. 25 SENATOR FARLEY: It's simply a 3458 1 deterrent maybe to effect an offender to say 2 that, Gee, I don't want to commit this act 3 anywhere near a school. It's that simple. 4 Now, Senator Leichter, I know 5 that maybe you would like the bill better if I 6 doubled any penalties for any sex offender that 7 committed it anywhere. I would be happy to do 8 that, but I'm trying to address a specific 9 problem that the teachers of this state, the 10 school boards of this state and, in my judgment, 11 the parents of this state want to see addressed. 12 SENATOR LEICHTER: Mr. 13 President - 14 ACTING PRESIDENT WRIGHT: Senator 15 Leichter. 16 SENATOR LEICHTER: -- on the 17 bill. 18 ACTING PRESIDENT WRIGHT: On the 19 bill. 20 SENATOR LEICHTER: Senator 21 Farley, I don't find this bill written with the 22 clear policy direction that I ordinarily see in 23 your banking bills, but I must say, Senator, 24 certainly all of us want to protect children. 25 The reason that we get up and ask you questions 3459 1 on this bill is because on examination, this 2 bill lacks a certain logic. As has rightly been 3 pointed out by Senator Onorato, you deal with 4 living near a school but you don't deal with 5 people going near a school. 6 As has been pointed out by 7 Senator Dollinger, you don't include camps. You 8 don't include -- I pointed out you don't include 9 playgrounds that are not connected to a school. 10 Then you add that -- I must say it's a bizarre 11 provision -- that if you commit this terrible 12 crime beyond 2000 feet of a school, the present 13 penalties are going to stay, and I think those 14 present penalties are very severe and they 15 rightfully are severe, Class B felony, 25 years, 16 that if you commit it within 2000 feet of a 17 school, then that 25-year penalty becomes a 18 50-year penalty. 19 I mean, if you feel that we need 20 greater protection for children, protect them 21 everywhere, but the idea that we'll protect you 22 or we'll give you this additional protection 23 through deterrent effect only within 2000 feet 24 of the school, it's difficult for me to 25 understand the reasoning or the logic. 3460 1 SENATOR FARLEY: It's the same 2 reasoning, the same logic for a bill, I think 3 you voted for. It was called a drug-free school 4 zone. They doubled the penalties there also and 5 I followed the same pattern because I knew you 6 liked that and supported that. I thought you 7 would like it here. If it's good enough to 8 double it for a drug offender in a school - 9 drug-free school zone, it's good enough to 10 double the penalties for a sex predator in a 11 school zone. 12 SENATOR LEICHTER: Senator 13 Farley, I don't think that the parallel is there 14 because on drugs, we feel that you have a 15 particular deterrent effect and you want to move 16 people away from the schools, but you're talking 17 about a totally different type of crime. Here 18 you're talking about rape, rape of maybe a 19 five-year-old child. If you feel the penalties 20 presently are not sufficiently severe, then you 21 have to double it wherever the crime is 22 committed. I just can't understand saying that 23 crime within 2000 feet of a school, we're going 24 to double the penalty and the idea that this is 25 a deterrent, the difference also between the 3461 1 drug-free zone is that there you could make a 2 good argument -- and let me say, I think there's 3 some good arguments against it, but I bought 4 that bill because I think you could say there is 5 going to be a deterrent effect having in mind 6 the range of penalties that apply to selling 7 drugs, but here where you're dealing with very 8 severe penalties, as it is to say that you're 9 going to have a greater deterrent effect if you 10 make it 50 years instead of 25 years, I don't 11 think makes any sense and it also doesn't make 12 sense, Senator, because these people, if they're 13 so driven -- and by and large, they're people of 14 psychological infirmity. They have no control 15 over themselves -- you're just in a sense 16 driving them to commit the crime somewhere else. 17 I must say, well intentioned as 18 this bill is, Senator, I think on examination, 19 it doesn't really hold up. It doesn't provide 20 meaningful protection. 21 ACTING PRESIDENT WRIGHT: Senator 22 Abate. 23 SENATOR ABATE: Yes. On the 24 bill. 25 ACTING PRESIDENT WRIGHT: Senator 3462 1 Abate, on the bill. 2 SENATOR ABATE: Yes. I have 3 spoken to Senator Farley. I support the concept 4 of the bill. I will vote for the bill. I'm 5 still concerned about the practicality of it. 6 In New York City it would mean 7 that no sex offender could live within seven and 8 a half city blocks from a playground and -- or a 9 school. So I do not know in essence, does that, 10 in fact, ban all sex offenders from New York 11 City, but my hope is when this bill does get 12 negotiated, we will look at the practical impact 13 of whether there will be any city that could 14 house sex offenders and really map it out and 15 see where people can live. 16 Let me just put on my former hat 17 as a probation commissioner and one of the 18 serious -- and, in fact, when I ran the 19 department, we set up the first sex offender 20 case loads, specialized case loads, because 21 there was a recognition in law enforcement that 22 not only did you have to deal with sex offenders 23 differently, you need to supervise them more 24 intensely in the community. You needed to be 25 concerned about where they lived, where they 3463 1 worked and made sure that they've had sufficient 2 supervision and treatment. 3 My concern is that while we talk 4 about doing this -- and this is an important 5 step -- we need to also invest money in parole 6 and probation to ensure that they can have 7 specialized case loads, to ensure that they can 8 actually do home visits. That is critical to 9 know what's happening in the home when you're 10 supervising a parolee and probationer, 11 particularly one who is a sex offender. Maybe 12 they need money for electronic monitoring. The 13 case loads should be smaller so they can 14 supervise the offenders more intensely in the 15 community. 16 So I hope, Senator Farley, this 17 will be one part of the solution that we will 18 invest in community corrections to provide the 19 public safety component to ensure appropriate 20 supervision and treatment of these sex 21 offenders. 22 ACTING PRESIDENT WRIGHT: Read 23 the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect on the first day of 3464 1 September. 2 ACTING PRESIDENT WRIGHT: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 58, nays 1, 6 Senator Leichter recorded in the negative. 7 ACTING PRESIDENT WRIGHT: The 8 bill is passed. 9 Senator Kuhl, that completes the 10 controversial reading of the calendar. 11 SENATOR KUHL: Is there any 12 housekeeping at the desk to be taken care of? 13 ACTING PRESIDENT WRIGHT: Senator 14 Tully -- yes, we do have some housekeeping. 15 Senator Tully. 16 SENATOR TULLY: Thank you, Mr. 17 President. 18 On behalf of one of the more 19 intelligent, handsome, diligent Senators, 20 Senator Wright, on page number 27, I offer the 21 following amendments to Calendar Number 571, 22 Senate Print Number 3560, and ask that said bill 23 retain its place on the Third Reading Calendar. 24 ACTING PRESIDENT WRIGHT: 25 Received. 3465 1 Thank you, Senator. 2 SENATOR TULLY: Mr. President, on 3 behalf of Senator Lack, on page 44, I offer the 4 following amendments to Calendar Number 762, 5 Senate Print Number 5162, and ask that said bill 6 retain its place on the Third Reading Calendar. 7 ACTING PRESIDENT WRIGHT: The 8 amendments are received and adopted. 9 SENATOR TULLY: Mr. President, on 10 behalf of Senator Kuhl, on page 36, I offer the 11 following amendments to Calendar Number 683, 12 Senate Print Number 2853, and ask that said bill 13 retain its place on the Third Reading Calendar. 14 ACTING PRESIDENT WRIGHT: The 15 amendments are received and adopted. 16 Senator Kuhl. 17 SENATOR KUHL: Yes, Mr. 18 President. There being no further business to 19 come before this chamber today, I would move 20 that we stand adjourned until tomorrow -- make 21 note of the time change, tomorrow, Wednesday, 22 May 14th, at 10:00 -- 10:00 a.m. 23 ACTING PRESIDENT WRIGHT: On 24 motion, the Senate stands adjourned until 25 Wednesday, May 14th, at 10:00 a.m. 3466 1 (Whereupon, at 3:45 p.m., the 2 Senate adjourned.) 3 4 5 6 7 8 9 10