Tuesday, March 10, 1998

1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 March 10, 1998 10 3:10 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 18 STEVEN M. BOGGESS, Secretary 19 20 21 22 23 24 25 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, Monday, 14 March 9th. The Senate met pursuant to 15 adjournment. The Journal of Friday, March 6th, 16 was read and approved. On motion, the Senate 17 adjourned. 18 THE PRESIDENT: Without objection, 19 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 The Secretary will read. 25 THE SECRETARY: Senator Wright, 1 from the Committee on Alcoholism and Drug Abuse, 2 reports: 3 Senate Print 338, by Senator 4 Skelos, an act to amend the Vehicle and Traffic 5 Law; 6 404, by Senator Maziarz, an act to 7 amend the Vehicle and Traffic Law; 8 2083, by Senator Cook, an act to 9 amend the Insurance Law; 10 3088, by Senator Padavan, an act 11 to amend the General Business Law. 12 Senator Padavan, from the 13 Committee on Cities, reports: 14 Senate Print 4597-A, by Senator 15 Velella, an act to amend the Real Property Tax 16 Law; 17 4880, by Senator Maltese, an act 18 to amend the Real Property Tax Law; 19 6110, by Senator Volker, an act to 20 amend the Local Finance Law. 21 Senator Spano, from the Committee 22 on Labor, reports: 23 Senate Print 1384-A, by Senator 24 Spano, an act to amend the Labor Law and the 25 Public Health Law; 1 4255, by Senator Spano, an act to 2 amend the Workers' Compensation Law; 3 6328, with amendments, by Senator 4 Spano, an act to amend the Labor Law and the 5 Civil Service Law. 6 Senator Volker, from the Committee 7 on Codes, reports: 8 Senate Print 87-A, by Senator 9 Volker, an act to amend the Penal Law; 10 501, by Senator Johnson, an act to 11 amend the Criminal Procedure Law; 12 665, by Senator Saland, an act to 13 amend the Criminal Procedure Law; 14 673, by Senator Saland, an act to 15 amend the Criminal Procedure Law; 16 4047, by Senator Padavan, an act 17 to amend the Penal Law; 18 4084-A, by Senator Nozzolio, an 19 act to amend the Civil Practice Law and Rules; 20 4306, by Senator Volker, an act to 21 amend the Penal Law; 22 4307, by Senator Volker, an act to 23 amend the Penal Law and the Criminal Procedure 24 Law; 25 4412, by Senator Rath, an act to 1 amend the Civil Practice Law and Rules; 2 4583-A, by Senator Meier, an act 3 to amend the Penal Law; 4 5218-A, by Senator Volker, an act 5 to amend the Penal Law; 6 5710-A, by Senator Velella, an act 7 to amend the Penal Law. 8 All bills directly for third 9 reading. 10 ACTING PRESIDENT KUHL: All bills 11 are ordered directly to third reading. 12 Reports of select committees. 13 Communications and reports from 14 state officers. 15 Motions and resolutions. 16 Senator Velella. 17 SENATOR VELELLA: Mr. President, 18 at this time may we please adopt the Resolution 19 Calendar with the exception of Resolutions 2811, 20 2847 and may we recommit 2854. 21 ACTING PRESIDENT KUHL: Resolution 22 2854, which is on the Resolution Calendar, is 23 recommitted. The motion is to adopt the 24 Resolution Calendar on the members' desks with 25 the exception of Resolutions 2811 and 2847. All 1 those in favor signify by saying aye. 2 (Response of "Aye".) 3 Opposed, nay. 4 (There was no response.) 5 The Resolution Calendar is 6 adopted. 7 Senator Velella. 8 SENATOR VELELLA: Mr. President, 9 may we please take up Resolution 2811 by Senator 10 Seward. I ask that it be read in its entirety 11 and move its immediate adoption. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read Resolution 2811 in its 14 entirety. 15 THE SECRETARY: By Senator Seward, 16 Legislative Resolution mourning the death of 17 former New York State Senator Leighton A. Hope, 18 distinguished citizen; 19 WHEREAS, it is the custom of this 20 legislative body to publicly mourn the death of 21 prominent citizens of the New York whose life, 22 work and civic endeavor serve to enhance the 23 reputation of the state. 24 Senator Leighton A. Hope of 25 Cortland, New York, died on February 14th, 1998. 1 Senator Leighton A. Hope distinguished himself by 2 his sincere dedication and substantial 3 contribution to the welfare of his community and 4 the New York State Senate. 5 Senator Leighton A. Hope's spirit 6 of humanity, of devotion to the good of all, 7 carried over into all of his endeavors, including 8 charitable and philanthropic work. 9 Born December 9th, 1921 in 10 Washington, D.C., he attended Taft School in 11 Connecticut and Yale University. He was a 12 graduate of DePauw University. 13 He served as a first lieutenant in 14 the Army Air Corps for three years in World War 15 II, flying 35 bomber missions over Europe and was 16 shot down twice. 17 Leighton A. Hope served two terms 18 in the state Senate and was the last Senator to 19 come from Cortland. He ran for and was elected 20 to the state Senate in 1962 and was re-elected in 21 1964. In office he served on Joint Legislative 22 Committees on Environmental Conservation and 23 Firearms. 24 After his Senate terms, Leighton 25 A. Hope was appointed secretary to the state 1 Conservation Department in 1966. He became 2 deputy commissioner of the Department in 1967 3 where he served until 1974, when he was appointed 4 executive assistant to the state Parks 5 Commissioner; 6 WHEREAS, he is survived by his 7 wife Lorene and three sons, Leighton Hope, Jr., 8 Peter Hope and Steven Hope; now, therefore, be it 9 RESOLVED, that this legislative 10 body pause in its deliberations to mourn the 11 death of former state Senator, Leighton A. Hope, 12 distinguished citizen; and be it further 13 RESOLVED, that a copy of this 14 legislation, suitably engrossed, be transmitted 15 to Mrs. Lorene Hope. 16 ACTING PRESIDENT KUHL: Is there 17 any Senator wishing to speak on the resolution? 18 (There was no response.) 19 Hearing none, the question is on 20 the resolution. All those in favor signify by 21 saying aye. 22 (Response of "Aye".) 23 Oppose, nay. 24 (There was no response.) 25 The resolution is adopted. 1 Senator Velella. 2 SENATOR VELELLA: Mr. President, 3 may we please take up Resolution 2847 by Senator 4 Volker. I ask that the title be read and move 5 its immediate adoption. 6 ACTING PRESIDENT KUHL: The 7 Secretary will read Resolution 2847, the title 8 only. 9 THE SECRETARY: By Senator Volker, 10 Legislative Resolution honoring St. Patrick and 11 all persons of Irish descent upon the occasion of 12 the 1998 celebration of St. Patrick's Day. 13 ACTING PRESIDENT KUHL: Senator 14 Velella on the resolution. 15 SENATOR VELELLA: Mr. President, 16 on behalf of Senator Volker, that resolution is 17 open for all members to go on and will remain at 18 the desk, any member that wishes to go on it. 19 SENATOR PATERSON: Mr. President, 20 might I suggest to the Acting Majority Leader, 21 perhaps we put everyone on the resolution and let 22 those who don't want to be on it, indicate, 23 because I would certainly like to be on the 24 resolution. Wouldn't you, Senator Velella? 25 SENATOR VELELLA: That's 1 acceptable. 2 ACTING PRESIDENT KUHL: With your 3 permission, Senator Velella, we'll place all the 4 members as co-sponsors on Resolution Number 24... 5 excuse me, 2847, excepting those members who 6 indicate to the desk they do not wish to be on 7 the resolution. 8 The question is on the 9 resolution. All those in favor signify by saying 10 aye. 11 (Response of "Aye".) 12 Opposed, nay. 13 (There was no response.) 14 The resolution is adopted. 15 Senator Stachowski, why do you 16 rise? 17 SENATOR STACHOWSKI: Mr. 18 President, on Resolution 2820, I would like to 19 open it up to everybody in the chamber. It's the 20 resolution honoring Dominik Hasek, and I know 21 Mary Lou and Dale and George Maziarz and Nanula 22 wanted to be on it, so if anybody else would like 23 to join in on sponsorship. 24 ACTING PRESIDENT KUHL: If anybody 25 else wishes to be on that resolution, please 1 indicate to the desk. 2 Senator Velella, we have some 3 substitutions at the desk. Would you like to 4 take those up at the moment? 5 SENATOR VELELLA: We'll take those 6 up now. 7 ACTING PRESIDENT KUHL: The 8 Secretary will read the substitutions. 9 THE SECRETARY: On page 13, 10 Senator Meier moves to discharge from the 11 Committee on Aging, Assembly Print 4277-A and 12 substitute it for the identical Senate Bill 13 2588-A. 14 On page 13, Senator Farley moves 15 to discharge from the Committee on Labor, 16 Assembly Print 76 and substitute it for the 17 identical Senate Bill 1689. 18 On page 19, Senator Cook moves to 19 discharge from the Committee on Racing, Gaming 20 and Wagering, Assembly Print 8888 and substitute 21 it for the identical Senate Bill 6077. 22 ACTING PRESIDENT KUHL: The 23 substitutions are ordered. 24 Senator Velella, that brings us to 25 the calendar. 1 SENATOR VELELLA: Mr. President, 2 before we proceed to the calendar, there will be 3 an immediate meeting of the Local Governments 4 Committee in Room 332. 5 ACTING PRESIDENT KUHL: Immediate 6 meeting -- immediate meeting of the Local 7 Governments Committee in the Majority Conference 8 Room, Room 332. Immediate meeting of the Local 9 Governments Committee in the Majority Conference 10 Room, Room 332. 11 Senator Velella. 12 SENATOR VELELLA: Mr. President, 13 at this time can we proceed to the reading of the 14 non-controversial calendar. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the non-controversial 17 calendar. 18 THE SECRETARY: Calendar Number 19 88, by Senator Volker, Senate Print 887, an act 20 to amend the Criminal Procedure Law. 21 SENATOR GOLD: Lay it aside. 22 ACTING PRESIDENT KUHL: Lay the 23 bill aside. 24 THE SECRETARY: Calendar Number 25 140, by Senator Spano, Senate Print 882-A, an act 1 to amend the Penal Law, in relation to the crime 2 of criminal employment. 3 ACTING PRESIDENT KUHL: The 4 Secretary will read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first day of 7 November. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 48. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 144, by Senator Libous, Senate Print 1914-A, an 16 act to amend the Penal Law, in relation to the 17 provision of large quantities. 18 ACTING PRESIDENT KUHL: The 19 Secretary will read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the first day of 22 November. 23 ACTING PRESIDENT KUHL: Call the 24 roll. 25 (The Secretary called the roll.) 1 ACTING PRESIDENT KUHL: Senator 2 Libous to explain his vote. 3 SENATOR LIBOUS: Thank you, Mr. 4 President. 5 I'm pleased that again this piece 6 of legislation is passing this house and we have 7 worked for a number of years in trying to pass 8 this legislation to make the penalties stiffer 9 for those adults who are purchasing large 10 quantities of alcohol and providing it to those 11 individuals who are minors and underage. It is a 12 problem that exists in every corner of our 13 state. 14 Earlier today at a press 15 conference I talked about the 17-year-old girl 16 from Long Island who drank 17 shots of Tequila. 17 They took her home. She died the next morning 18 from alcohol poisoning, or the young man in 19 Sidney, New York, who went to a keg party, was 20 years old and was found frozen to death outside 21 of his home. 22 These kinds of horror stories 23 happen every weekend in New York State. We have 24 pushed this bill through this house. It has 25 passed in many cases unanimously, and I am asking 1 today that our colleagues in the Assembly give 2 this a very, very serious look and urge them to 3 do the same. 4 ACTING PRESIDENT KUHL: Announce 5 the results. 6 THE SECRETARY: Ayes 48. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 160, by Senator Hannon, Senate Print 1496, an act 11 to amend the Public Health Law. 12 SENATOR VELELLA: Lay it aside for 13 the day. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside for the day. 16 THE SECRETARY: Calendar Number 17 172, by Senator Trunzo, Senate Print 3368-A, an 18 act to amend Chapter 769 of the Laws of 1975. 19 ACTING PRESIDENT KUHL: The 20 Secretary will read the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 24 roll. 25 (The Secretary called the roll.) 1 THE SECRETARY: Ayes 48. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 205, by Senator Maltese, Senate Print 1440, an 6 act to amend the Election Law, in relation to 7 political committees. 8 SENATOR LEICHTER: Lay it aside. 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside. 11 THE SECRETARY: Calendar Number 12 257, by Senator Johnson, Senate Print 2684-B, an 13 act to amend the Insurance Law, in relation to 14 authorizing. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 48. 23 ACTING PRESIDENT KUHL: The bill 24 is passed. 25 THE SECRETARY: Calendar Number 1 258, by Senator Velella, Senate Print 3883, an 2 act to repeal Section 4227 of the Insurance Law. 3 ACTING PRESIDENT KUHL: The 4 Secretary will read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 48. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 259, by Senator Saland, Senate Print 4055, an act 15 to repeal Section 334 of the Insurance Law. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 48. 24 ACTING PRESIDENT KUHL: The bill 25 is passed. 1 THE SECRETARY: Calendar Number 2 282, by Senator Maziarz, Senate Print 402, an act 3 to amend the Criminal Procedure Law, in relation 4 to plea bargains. 5 ACTING PRESIDENT KUHL: The 6 Secretary will read the last section. 7 THE SECRETARY: Section 4. This 8 act shall take effect on the first day of 9 November. 10 ACTING PRESIDENT KUHL: Call 11 the - 12 SENATOR LEICHTER: Lay it aside. 13 ACTING PRESIDENT KUHL: Lay the 14 bill aside. 15 THE SECRETARY: Calendar Number 16 291, by Senator Present, Senate Print 1773, an 17 act to amend the Economic Development Law. 18 ACTING PRESIDENT KUHL: The 19 Secretary will read the last section. 20 THE SECRETARY: Section 29. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes 49. 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 297, by Senator Holland, Senate Print 205, an act 5 to authorize the Salvation Army Eastern Territory 6 School for Officers. 7 ACTING PRESIDENT KUHL: The 8 Secretary will read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 49. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 300, by Senator Nozzolio, Senate Print 177-C, an 19 act to amend the Executive Law, the Penal Law and 20 the Correction Law. 21 SENATOR LEICHTER: Lay it aside. 22 ACTING PRESIDENT KUHL: Lay the 23 bill aside. 24 THE SECRETARY: Calendar Number 25 314, by Senator Volker, Senate Print 3358-A, an 1 act to amend the Alcoholic Beverage Control Law 2 and the Mental Hygiene Law. 3 ACTING PRESIDENT KUHL: The 4 Secretary will read the last section. 5 THE SECRETARY: Section 9. This 6 act shall take effect on the first day of 7 January. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 49. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 318, by Senator Farley, Senate Print 1684, an act 16 to amend the Executive Law, in relation to 17 designation of August 7th as "Family Day". 18 ACTING PRESIDENT KUHL: The 19 Secretary will read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes 49. 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 Senator Velella, that completes 4 the non-controversial reading. 5 SENATOR VELELLA: Proceed to the 6 controversial calendar. 7 ACTING PRESIDENT KUHL: The 8 Secretary will read the controversial calendar, 9 beginning with Calendar Number 88, Senate 887, by 10 Senator Volker. 11 THE SECRETARY: Calendar Number 88 12 -- Calendar Number 88, by Senator Volker, Senate 13 Print 887, an act to amend the Criminal Procedure 14 Law. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 90th day. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 49. 23 ACTING PRESIDENT KUHL: The bill 24 is passed. 25 THE SECRETARY: Calendar Number 1 205, by Senator Maltese, Senate Print 1440, an 2 act to amend the Election Law, in relation to 3 political committees. 4 SENATOR LEICHTER: Explanation. 5 ACTING PRESIDENT KUHL: Senator 6 Maltese, an explanation of Calendar Number 205 7 has been requested by Senator Leichter. 8 SENATOR MALTESE: Mr. President, 9 this is an act to amend the Election Law in 10 relation to political committees making no 11 expenditures. It would not be necessary for them 12 to file committee filings. 13 The purpose of the bill is to 14 reduce the number of filings filed by certain 15 political committees which do not make any 16 expenditures during a campaign. 17 The present law requires that all 18 committees which participate in an election cycle 19 must make all the filings required for that 20 cycle, including the 32-day pre-general filing, 21 the 11-day pre-general filing and the 27-day 22 post-general day filing. 23 Some committees which only make 24 contributions and no expenditures on behalf of 25 the candidates make their contributions early in 1 the year and do not participate in the election 2 following that point. 3 In cases where these committees 4 have reported their contributions during that 5 year, there is no need for them to continue 6 filing reports with the Boards of Election. 7 This law would allow the treasurer 8 of that committee to file a form following the 9 filing of their July 15th report indicating that 10 all the contributions that such committee will be 11 making in that year had been reported on the July 12 15th report and that they will be making no 13 further contributions during that year. 14 This bill would help alleviate the 15 large number of reports that are received by the 16 Board of Election which slow down the process of 17 both making it available to the public and 18 auditing these reports to ensure compliance with 19 the statutes. 20 ACTING PRESIDENT KUHL: Senator 21 Leichter. 22 SENATOR LEICHTER: Would Senator 23 Maltese yield, please? 24 ACTING PRESIDENT KUHL: Senator 25 Maltese, do you yield to a question? The Senator 1 yields. 2 SENATOR LEICHTER: Senator, let me 3 ask you, in those instances where a political 4 action committee makes no expenditures directly 5 in aid of a candidate but may spend money on 6 issue advertising, would they still be required 7 to file with the Board of Election under your 8 bill? 9 SENATOR MALTESE: Mr. President, 10 under the terms of my bill, I believe they would 11 not have to make any filing post their statement 12 that they do not plan to aid or assist in -- a 13 candidate in an election. 14 SENATOR LEICHTER: Senator 15 Maltese, as you know, we're getting -- we're 16 seeing more and more issue - 17 ACTING PRESIDENT KUHL: Senator 18 Leichter, excuse me. Are you asking the Senator 19 to continue to yield? 20 SENATOR LEICHTER: Yes, I am. 21 ACTING PRESIDENT KUHL: Senator 22 Maltese, do you continue to yield? 23 SENATOR MALTESE: Yes. 24 ACTING PRESIDENT KUHL: The 25 Senator continues to yield. 1 SENATOR LEICHTER: As you know, 2 we're seeing more and more what's called issue 3 advertising, which nevertheless is very much 4 directly related to campaigns. I mean, candidate 5 "X" who's, let's say taken a certain position on 6 gun control and while you may not mention his 7 name, if you want to support him, you may come 8 out with an issue piece which mirrors his 9 position on gun control. It may not be an 10 expenditure directly in aid of a candidate but 11 it's certainly something I think that the public 12 ought to know the expenditure is being made, and 13 my question to you is, is it wise, Senator, to 14 limit filing, to limit disclosure, to make the 15 process more closed as your bill inevitably 16 does? 17 I mean, if it was -- I could see 18 your bill, Senator, if it said -- if it makes no 19 expenditures, period -- no expenditures, period, 20 I think that's fine, but I think that where you 21 would allow expenditures still to be made in 22 political campaigns, although they're not 23 directly related to a candidate but they affect 24 the election, I think the public has a right to 25 know. 1 SENATOR MALTESE: Mr. President, 2 I'm aware of the set of facts as put forth by my 3 good colleague, Senator Leichter. 4 The purpose of the bill was to 5 eliminate any of the filings pertaining to 6 contributions that would be made in the aid 7 election or defeat of a candidate. Mentioning 8 the defeat of a candidate, it would seem to me 9 would preclude the type of expenditures that 10 you're talking about. 11 The intent, of course, is to 12 reduce the number of filings. Your -- Senator 13 Leichter's statement as to no expenditures is 14 something that I seriously think should also be 15 passed, and I would expect that this is something 16 that perhaps we can end up agreeing on. 17 In the meantime, this particular 18 bill, the intent is clear. Aid or take part in 19 the election or defeat of a candidate, and it 20 would seem to me that an -- based on case law, it 21 would only be those expenditures that would be 22 within the purview of aiding or defeating a 23 candidate. 24 The type of expenditure that the 25 good Senator is speaking of, I guess would depend 1 on the content of the advertisements and how far 2 they go toward aiding in the victory or defeat of 3 a candidate. 4 SENATOR LEICHTER: Mr. President, 5 if Senator Maltese would continue to yield, 6 please. 7 ACTING PRESIDENT KUHL: Senator, 8 do you continue to yield? 9 SENATOR MALTESE: Yes. 10 ACTING PRESIDENT KUHL: The 11 Senator continues to yield. 12 SENATOR LEICHTER: Senator, the 13 main reason you give for this bill is to lessen 14 the burden on the Board of Election in taking in 15 these financial filings and keeping the records. 16 Senator, isn't the easiest way to 17 do it to have a computerized system, which 18 unfortunately this house has not passed or 19 certainly hasn't passed a bill that was similar 20 to the one that was passed by the Assembly. Why 21 don't we really deal with the problem, which is 22 that we have an antiquated Board of Elections and 23 a process that's totally dysfunctional? Why 24 don't you deal with it by putting out the bill on 25 computerizing the records of the Board of 1 Elections? 2 SENATOR MALTESE: Mr. President, I 3 was wondering how long it would take in this 4 discussion for Senator Leichter to come around to 5 the computerization of the Boards of Election. I 6 believe this house did, in fact, pass a bill 7 which dealt with the computerization of the 8 records of the Boards of Elections and certainly 9 we -- with the technical progress that has been 10 made, this is something that -- hopefully if the 11 Assembly and the Governor and the Senate would 12 agree, it's something that's going to be done 13 expeditiously and in the near future. 14 ACTING PRESIDENT KUHL: Senator 15 Leichter. 16 SENATOR LEICHTER: Let me just 17 thank my good friend for his answers which are 18 candid and straightforward as always and let me 19 speak on the bill. 20 ACTING PRESIDENT KUHL: Senator 21 Leichter on the bill. 22 SENATOR LEICHTER: This is not a 23 bill of any great moment which maybe is enough to 24 damn it, because we're dealing in an area where 25 there is such a crying need for legislation. Our 1 campaign finance reporting system is a disgrace. 2 We're probably -- among all the states, we're the 3 worst or we're near the bottom, and I look in 4 vain for bills to come out of the Election Law 5 Committee and when I see a bill, you know, I get 6 all excited. Wait a second. Maybe this is going 7 to deal with soft money. Maybe it's going to 8 deal with computerization. Maybe it's going to 9 deal with campaign contribution limitations, but 10 all we get is something that charitably I 11 couldn't even call a molehill in dealing with all 12 of the problems that we have. 13 So, Senator Maltese -- and I 14 realize it's an area where considering the make 15 up of the Legislature and how we function, the 16 committee chairman doesn't have as much latitude 17 as I frankly wish you had because I think if you 18 had the latitude, I think we would see some of 19 the bills that I'm talking about, because you 20 come from a party that was a minority party at 21 one time and you know how the Election Law system 22 is set up to discriminate against independence, 23 insurgence. So I think that you have an 24 understanding and a feel for the problems. 25 Unfortunately, you can't put out 1 some of the bills that I think are needed, but I 2 just really call in this house to understand and 3 appreciate the mess that our campaign finance 4 system is in and next Monday I'm going to be 5 moving some motions to discharge and give you the 6 opportunity to let the public know whether you're 7 for campaign finance reform or whether you want 8 to keep this disgraceful, almost corrupt system 9 in existence. 10 Having said that, I think there's 11 reasons to vote against this bill on its own 12 merits. As I pointed out in the debate with 13 Senator Maltese, we're lessening the reporting 14 requirement. Now, if a political action 15 committee makes no expenditures whatsoever, there 16 probably is no reason to require it to make a 17 filing, but that's not how Senator Maltese has 18 limited that bill. 19 This bill states "Political action 20 committee that doesn't spend money in support of 21 a candidate, no expenditure will be made on 22 behalf of any candidate in that calendar year" 23 and if that's the case, then no filing needs to 24 be made, but I guess a filing could be made. In 25 fact, as I read this, Senator Maltese -- I don't 1 know whether you directed it -- suppose you make 2 a filing to defeat a candidate? Suppose you make 3 an issue advertise, as I said, which is -- may 4 have the purpose of helping a candidate, may have 5 the purpose of defeating a candidate. It may not 6 under the strict language of this bill fall 7 within the purview of what action requires that 8 you make a filing. I just think that's wrong. I 9 think we ought to have as much sunshine as 10 possible. I think the public has a right to know 11 how monies are expended by political action 12 committees. 13 So I would urge everyone to vote 14 against this bill. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read -- Senator Cook on the bill. 17 SENATOR COOK: Mr. President, I'm 18 going to support Senator Maltese's bill, but I 19 think that Senator Leichter is flirting with a 20 very real problem and the problem that I would 21 cite are these phony educational committees that 22 send mailings into our district and tell people 23 that we have committed some awful crime by voting 24 for some bill which we in good conscience have 25 supported and they have no -- they don't have to 1 answer to anybody, and I think that frankly the 2 thing that we really ought to do is get those 3 people who are hiding behind that shield, making 4 believe that they're providing information to the 5 public and they're really trying to undermine 6 members of the Legislature. 7 I think those are the ones that 8 really ought to be brought out into the open, but 9 that bill isn't before us and I'm going to 10 support this bill. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first day of 15 January. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT KUHL: Record the 20 negative and announce the results. 21 THE SECRETARY: Ayes 57, nays 1, 22 Senator Leichter recorded in the negative. 23 ACTING PRESIDENT KUHL: The bill 24 is passed. 25 Senator Holland. 1 SENATOR HOLLAND: Mr. President, 2 there will be an immediate meeting of the 3 Education Committee in Room 332 of the Capitol. 4 ACTING PRESIDENT KUHL: There will 5 be an immediate meeting of the Education 6 Committee, an immediate meeting of the Education 7 Committee in the Majority Conference Room, Room 8 332. 9 Senator Gold, why do you rise? 10 SENATOR GOLD: To say hello, Mr. 11 President. 12 Mr. President, I'm sorry, but I 13 was distracted for a moment. Could I have 14 unanimous consent to be recorded in the negative 15 on the last bill so brilliantly debated by 16 Senator Leichter? 17 ACTING PRESIDENT KUHL: Without 18 objection, hearing no objection, Senator Gold 19 will be recorded in the negative on Calendar 20 Number 205. 21 The Secretary will continue to 22 read the controversial calendar. 23 THE SECRETARY: Calendar Number 24 282, by Senator Maziarz, Senate Print 402, an act 25 to amend the Criminal Procedure Law, in relation 1 to plea bargains. 2 SENATOR LEICHTER: Explanation. 3 ACTING PRESIDENT KUHL: Senator 4 Maziarz, an explanation has been requested by 5 Senator Leichter on Calendar Number 282. 6 SENATOR MAZIARZ: Thank you very 7 much, Mr. President. 8 Mr. President, this act amends the 9 Criminal Procedure Law to require defendants 10 charged with a sex felony offense to enter into a 11 plea bargain to plea to at least a sex felony. 12 One of the major problems with the 13 criminal justice system, I believe, is that 14 defendants charged with a sex felony offense are, 15 for a variety of reasons, allowed to plead guilty 16 to a non-sex offense. They are not treated as 17 sex offenders. They are not required to undergo 18 sex offender treatment or sex offender 19 evaluations. They are released into the 20 community without notification, although I 21 believe there is a great likelihood that they 22 will re-offend. 23 This law, if enacted, would place 24 another protection on the books in favor of the 25 victims of sexual offenses by not allowing the 1 perpetrator to cop a plea for something less than 2 a sexual offense. 3 ACTING PRESIDENT KUHL: Senator 4 Leichter. 5 SENATOR LEICHTER: Mr. President, 6 would Senator Maziarz yield, please? 7 SENATOR MAZIARZ: Surely, Mr. 8 President. 9 ACTING PRESIDENT KUHL: The 10 Senator yields. 11 SENATOR LEICHTER: Senator, 12 yesterday we passed a very similar bill that was 13 sponsored by Senator Skelos. Could you tell us 14 how your bill differs from his? Are you covering 15 an area that his bill didn't cover or is this 16 something of an overlap? 17 SENATOR MAZIARZ: I'm not as 18 familiar with Senator Skelos' bill as I am with 19 this one, Senator, but I know that this one was 20 referred to my office by the -- I believe the 21 Attorney General's office. 22 ACTING PRESIDENT KUHL: Senator 23 Leichter. 24 SENATOR LEICHTER: Well, Senator, 25 yesterday we did pass a bill that I think covered 1 much of the ground that your bill has covered and 2 that bill, I think had a provision in there 3 which, I think made a lot of sense which is not 4 in your bill, and I want to address that. 5 That provision is that in 6 instances where the district attorney feels that 7 he doesn't have sufficient evidence to proceed 8 with an indictment based on a criminal offense - 9 a sexual offense, that he can apply to the court 10 and with the court's permission he can reduce the 11 charges. I think I'm quoting it correctly. 12 My concern is -- and I want you to 13 address that -- is that in many of these 14 prosecutions for sexual crimes, the proof is very 15 hard to come. In some instances the victims are 16 unwilling or unable to testify because of the 17 traumatic thing and district attorneys, knowing 18 that they will have a very difficult time in 19 proceeding to trial, have, therefore, entered 20 into plea bargains in some instances where the 21 offense charged will not involve a sexual crime 22 because they know that unless they do that, that 23 perpetrator is going to walk, and your bill, as I 24 read it, really doesn't protect the public. It 25 doesn't deal with those instances where a 1 district attorney feels that because of the 2 evidence that's available to him or her, that 3 it's necessary to reduce the charges. 4 Could you address that? 5 SENATOR MAZIARZ: I disagree, 6 Senator Leichter. I think that it does give the 7 leeway to the district attorney. I think it just 8 doesn't give him as much leeway and that the 9 defendant, whose attorney, I'm sure would do the 10 best job possible for him, is only going to have 11 available to him this -- to plead in the area of 12 a sexual offense. 13 SENATOR LEICHTER: Senator, you 14 know, you may say -- if you would continue to 15 yield, please. 16 ACTING PRESIDENT KUHL: Senator 17 Maziarz - 18 SENATOR MAZIARZ: Yes, I do. 19 ACTING PRESIDENT KUHL: -- do you 20 continue to yield? The Senator continues to 21 yield. 22 SENATOR LEICHTER: Senator, they 23 may say it gives him the latitude, but show me 24 where in the bill it gives him the latitude where 25 it has a provision similar to the one that was in 1 Senator Skelos' bill. Can you show that to me? 2 SENATOR MAZIARZ: No, Senator, I 3 don't have Senator Skelos' bill in front of me. 4 SENATOR LEICHTER: Because it 5 doesn't exist. No, show it to me in your bill. 6 SENATOR MAZIARZ: Senator, I think 7 it still gives the district attorney the 8 latitude. It's just a more clearly defined area 9 that they must plead to a sexual offense so that 10 the evaluation that the defendant pleads to can 11 -- he can be given the necessary treatment and 12 also and most importantly for my reasoning, 13 Senator, is that the community would be notified 14 upon this individual's release from prison. 15 SENATOR LEICHTER: Senator - 16 ACTING PRESIDENT KUHL: Senator 17 Leichter. 18 SENATOR LEICHTER: -- if you would 19 continue to yield. 20 SENATOR MAZIARZ: I do. 21 ACTING PRESIDENT KUHL: The 22 community would only be advised if the person is 23 convicted, but if you're forcing the district 24 attorney to proceed under charges that the 25 district attorney can't proof, you're not 1 protecting the community. You're endangering the 2 community. Isn't that a fact? 3 SENATOR MAZIARZ: Well, no, that 4 is not a fact. 5 SENATOR LEICHTER: Senator 6 Maziarz, if you'll be so good as to continue to 7 yield. 8 ACTING PRESIDENT KUHL: Senator 9 Maziarz, do you continue to yield? 10 SENATOR MAZIARZ: Yes. 11 ACTING PRESIDENT KUHL: The 12 Senator continues to yield. 13 SENATOR LEICHTER: Has the 14 District Attorney's Association supported your 15 bill? 16 SENATOR MAZIARZ: No, I don't 17 believe that -- I don't believe that they've 18 issued a memo in support or in opposition. 19 SENATOR LEICHTER: All right. Has 20 any district attorney come and said to you, This 21 is a good bill. This will strengthen my hand in 22 dealing with sexual perpetrators? 23 SENATOR MAZIARZ: I did send this 24 bill to two of the three district attorneys - 25 two of the three counties that I represent, the 1 district attorneys who represent those counties 2 and both of them indicated that they thought it 3 was a good bill. 4 SENATOR LEICHTER: Well, then 5 you've answered my question and I thank you. 6 SENATOR MAZIARZ: Thank you. 7 SENATOR LEICHTER: I believe, well 8 intentioned as this bill is -- and all of us 9 certainly very much are in support of efforts 10 that would strengthen the hand of district 11 attorneys in proceeding against people who have 12 committed sexual crimes, but there are times when 13 a plea bargain is of great benefit to the 14 public. 15 I happen to think that most of our 16 elected district attorneys, if not all of them, 17 take their job seriously, try to protect the 18 public and they're not going to plead down a 19 sexual offense to a non-sexual offense unless 20 they feel there's good grounds for it, namely 21 that they cannot proceed to prove the sexual 22 offense, and if you force them to go to trial on 23 the sexual offense, when the district attorneys 24 don't have the proof because maybe the victim is 25 unwilling or incapable of testifying, then all 1 you're doing is forcing the D.A. to go to trial 2 in what will result in an acquittal and that 3 perpetrator is going to walk. It's of no benefit 4 whatsoever. Plea bargaining is an important tool 5 in effective law enforcement. It's effective in 6 all sorts of crimes, including crimes of a sexual 7 nature. 8 So much well intended as this bill 9 is, I think it will have the opposite effect. It 10 will actually lead to more sexual offenders being 11 released because you're going to force the 12 district attorney to go to trial in situations 13 where the D.A. is not going to be able to 14 prevail. I don't think you help law enforcement 15 by tying the hands of the district attorneys in 16 the way that you do it. 17 I had some other problems with the 18 Skelos bill, but at least it recognized that 19 problem and provided a process whereby the 20 district attorney could go to court and say, I am 21 changing this particular indictment and allowing 22 -- or allowing the defendant to plead guilty to 23 a crime that's a non-sexual crime and to put it 24 on the record, and that makes sense. That 25 protects the public. 1 Your bill, I think does the 2 opposite. I'm sorry. 3 ACTING PRESIDENT KUHL: Is there 4 any other Senator wishing to speak on the bill? 5 (There was no response.) 6 Hearing none, the Secretary will 7 read the last section. 8 THE SECRETARY: Section 4. This 9 act shall take effect on the first day of 10 November. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT KUHL: Record the 15 negatives and announce the results. 16 SENATOR GOLD: Mr. President. 17 ACTING PRESIDENT KUHL: Senator 18 Gold to explain his vote. 19 SENATOR GOLD: Mr. President, - 20 Mr. President, I am rising on a matter of 21 justice. I don't think it's fair for Senator 22 Leichter to always be in the boat alone. The 23 fact of the matter is, Mr. President, that as 24 usual, Senator Leichter makes sense and as usual, 25 Senator Maziarz has the right intention and we 1 just shouldn't be bullying ahead all the time. 2 The fact of the matter is that 3 there are some district attorneys who have let it 4 be known they won't plea bargain anything and 5 there was a big outrage in the city of New York 6 when one district attorney said that they would 7 do that and the bottom line is the furor went 8 away and the D.A. runs his office. So there's 9 nothing to stop district attorneys in these kinds 10 of cases from refusing to plea bargain now past a 11 certain point, but if this becomes law, you're 12 going to have situations where district attorneys 13 are going to have to resubmit cases to grand 14 juries because, of course, it's the only way I 15 guess you could get out of it and you're going to 16 be doubling the work of the district attorneys. 17 So since yesterday we did vote yes 18 for a bill similar to this, since I have to make 19 a choice, I would rather see the bill which gives 20 some discretion to the judge and on the advice - 21 I want you to know aside from Senator Leichter, I 22 have researched this with one of the great 23 authorities in the state and Senator Masiello 24 also tells me that I should vote no on this. 25 ACTING PRESIDENT KUHL: Senator 1 Gold will be recorded in the negative. Announce 2 the results. 3 THE SECRETARY: Those recorded in 4 the negative on Calendar 282 are Senators Gold, 5 Kuhl and Leichter. Ayes 55, nays 3. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 300, by Senator Nozzolio, Senate Print 177-C, an 10 act to amend the Executive Law, the Penal Law, 11 the Correction Law and the Mental Hygiene Law. 12 SENATOR LEICHTER: Explanation. 13 ACTING PRESIDENT KUHL: Senator 14 Nozzolio, an explanation of Calendar Number 300 15 has been requested by Senator Leichter. 16 SENATOR NOZZOLIO: Thank you, Mr. 17 President. 18 Mr. President, my colleagues, the 19 measure before us is called the Sex Offender 20 Community Safety Act which is intended to 21 declare, first of all, that the heinous and 22 violent crimes resulting in severe emotional and 23 physical trauma are significant and that in 24 certain perpetrators of those crimes, 25 unfortunately we see too much recidivism. That 1 recidivism is something that needs to be 2 recognized, monitored and what we achieve by this 3 measure is lifetime supervision of those who have 4 committed certain sex offenses and very violent 5 criminal acts. 6 ACTING PRESIDENT KUHL: Senator 7 Leichter. 8 SENATOR LEICHTER: Yeah. Mr. 9 President, if Senator Nozzolio would yield, 10 please. 11 ACTING PRESIDENT KUHL: Senator 12 Nozzolio, do you yield to a question from Senator 13 Leichter? 14 SENATOR NOZZOLIO: Yes, Mr. 15 President. 16 ACTING PRESIDENT KUHL: The 17 Senator yields. 18 SENATOR LEICHTER: Senator, I 19 think it makes good sense to have lifetime parole 20 for those people who commit heinous offenses. I 21 have no problem with that. I want to ask you 22 some questions about whether you're supplying the 23 resources for it, but you and I are on the same 24 page as far as that goes, but you've included 25 among the offenses that are going to require 1 lifetime parole misdemeanors. Isn't that true? 2 SENATOR NOZZOLIO: The designated 3 sexual offenses means any one or more of the 4 felonies defined in Subdivision 1 of Section 3 of 5 the bill and that the intentions here are to 6 certainly ferret out those very serious 7 offenses. We're talking felonies here, Senator. 8 I'm not sure where you extrapolated a 9 misdemeanor. 10 SENATOR LEICHTER: Well, one of 11 the offenses that you've included is 12 imprisonment, I think it's in the third degree, 13 which is a misdemeanor. That would be locking up 14 somebody or involuntarily detaining them if the 15 person was under the age of 17 without in any 16 other respects harming them, that's a crime; it's 17 an offense, but it's a misdemeanor. 18 SENATOR NOZZOLIO: Kidnapping is a 19 misdemeanor, Senator? I don't believe so. 20 SENATOR LEICHTER: If it's - 21 yeah. Let me -- just bear with me. 22 SENATOR NOZZOLIO: Particularly 23 kidnapping of a minor, Senator? I don't think 24 so. 25 SENATOR LEICHTER: Senator, it's 1 -- let me -- let me -- it's in those instances 2 -- one of the provisions -- and I will find it 3 in a minute -- not kidnapping but unlawful 4 detention, Senator, which happens to be a 5 misdemeanor. Let me ask you this: Did you 6 intend to include misdemeanors within the 7 provision of this section? 8 SENATOR NOZZOLIO: Senator, this 9 bill is designed to focus our Criminal Law upon 10 victims and as such, stated on lines 12 and 13 of 11 page 2, that when there are kidnapping offenses 12 and the victim of such kidnapping or related 13 offense is less than 17 years old, yes, Senator, 14 that that very likely leads to an individual 15 perpetrating a sexual offense and that, yes, 16 particularly on someone as young as underage, 17 that that is something that we believe is 18 appropriate. 19 SENATOR LEICHTER: Senator, let's 20 deal -- let's now deal with the specific section. 21 ACTING PRESIDENT KUHL: Senator 22 Nozzolio -- excuse me, Senator Leichter. 23 Senator Nozzolio, would you 24 continue to yield? 25 SENATOR LEICHTER: Would you 1 continue to yield, please? 2 SENATOR NOZZOLIO: Yes, Mr. 3 President. 4 ACTING PRESIDENT KUHL: The 5 Senator continues to yield. 6 SENATOR LEICHTER: Now, if you 7 take a look on page 2, line 11, one of the 8 offenses which is included with your bill is 9 Section 135.05. Is that correct? 10 SENATOR NOZZOLIO: Yes, sir. 11 SENATOR LEICHTER: Okay. Let me 12 read to you Section 135.05. "A person is guilty 13 of unlawful imprisonment in the second degree 14 when he restrains another person. Unlawful 15 imprisonment in the second degree is a Class A 16 misdemeanor." That means if you lock up some 17 18-year-old playing around, lock a 17-year-old in 18 a room in a school against her will, that's 19 unlawful imprisonment in the second degree. It's 20 a misdemeanor, and are you saying those offenders 21 should then be subject to lifetime parole or 22 lifetime -- yeah, lifetime parole? 23 SENATOR NOZZOLIO: Mr. President, 24 I'll answer Senator Leichter this way. If the 25 perpetrator of that hypothetical that Senator 1 Leichter lists for us was not 18 years old but 2 years old, was a male who was detaining a 3 three-year-old or a five-year-old girl in a 4 position of imprisonment, Senator, I think that 5 certainly the circumstances would change 6 dramatically in terms of the spirit provided 7 behind your hypothetical. 8 As I say, Senator, we want to give 9 prosecutors the tool and our correction system 10 the tool to deal with those types of variables. 11 I think it would be up to the courts, the 12 district attorneys, to others to look at those 13 particular instances that you reference, sir. 14 That's what our justice system is all about. 15 18-year-old, 17-year-old, the facts will bear out 16 whether or not this is appropriate for the 17 individual convicted, sir, but I think that 18 nonetheless, those hypotheticals that you put 19 forward with a few age changes and a few facts 20 changes could dramatically change the 21 circumstance even though the conviction may only 22 be under a statute describing a misdemeanor, that 23 misdemeanor could very likely lead to a felony 24 that creates a lifetime scar on the victim of 25 that crime. 1 SENATOR LEICHTER: Senator, if you 2 would be so good as to continue to yield. 3 ACTING PRESIDENT KUHL: Senator 4 Nozzolio, do you continue to yield? 5 SENATOR NOZZOLIO: Yes, Mr. 6 President. 7 ACTING PRESIDENT KUHL: The 8 Senator continues to yield. 9 SENATOR LEICHTER: Your job and 10 mine is to draft legislation, to make it precise, 11 to cover the situations that we feel require 12 certain law enforcement actions and we're not 13 dealing here with giving any powers to the 14 district attorneys or prosecutors because that 15 bill doesn't deal with it. 16 We are identifying for the public 17 and for law enforcement officials those crimes 18 that we believe are so serious and so heinous 19 that we are now going to subject the offender to 20 lifetime parole, and as I said to you, there are 21 certainly some crimes -- rape is one, certain 22 sodomy, and so on, yes, and particularly if 23 committed on a young person, subject that 24 offender to lifetime parole, but maybe in your 25 zeal to write an all-encompassing bill, I'm 1 trying to point out to you that you've included 2 offenses are that are misdemeanors. 3 Now, they're still offenses. They 4 ought to be punished, but I'm suggesting to you 5 that it doesn't make sense to me to say that 6 somebody who engaged in lawful imprisonment 7 that's deemed to be a Class A misdemeanor under 8 Section 135.05 of the Penal Law, the prosecutors 9 determined this is a misdemeanor. It's not a 10 significant crime. Now that person's going to be 11 subject to lifetime parole and the state is going 12 to be subject to the obligation, the expense of 13 lifetime parole for somebody who was convicted of 14 a misdemeanor? I'm just suggesting to you that 15 you might want to change the bill and take out 16 that provision because I don't think that's the 17 nature of the crime that justice lifetime 18 parole. 19 SENATOR NOZZOLIO: Mr. President, 20 in final response to this concerned Senator, my 21 reaction is certainly your comments are noted, 22 but again, we're looking at the victim here and 23 the victim, we're not saying someone convicted of 24 this crime for an individual who is other than 25 the victim, focuses on the victim and the victim 1 under 17 years old, certainly in the circumstance 2 you have described, I think you could see how 3 that conduct, dealing with an underage person, 4 would, in fact, demonstrate certain 5 characteristics of behavior that are not 6 acceptable, are extremely dangerous and could 7 very well exhibit the very tendencies that we're 8 trying to prevent here. 9 SENATOR LEICHTER: Mr. President, 10 on the bill. Thank you very much, Senator 11 Nozzolio. 12 ACTING PRESIDENT KUHL: Senator 13 Leichter on the bill. 14 SENATOR LEICHTER: I think if 15 we're dealing with a serious crime, if we're 16 dealing with those sort of character traits and 17 that sort of offense and affront to societal 18 standards, it's not going to be a Class A 19 misdemeanor and I'm just suggesting that it 20 doesn't make sense to subject somebody to Class 21 -- who's been convicted of a Class A misdemeanor 22 to lifetime parole. I mean, it's -- you know, it 23 may be popular for us to say we're going to put 24 sexual offenders under lifetime parole, but I 25 think you've got to distinguish between serious 1 offenses and justify that lifetime parole and 2 those that do not. Lifetime parole happens to be 3 very expensive, but I think it's an expenditure 4 worthwhile to deal with it or apply it to those 5 instances where a serious offense has been 6 committed where the character of the offense, the 7 character of the defendant is such that there's 8 going to be a societal benefit by having lifetime 9 parole. If it's a misdemeanor, if it's locking 10 somebody into a room for an hour which is wrong 11 and may be a Class A misdemeanor, I wouldn't 12 subject that person to lifetime parole and I 13 wouldn't subject the taxpayers of the state of 14 New York to having to pay for lifetime parole for 15 that individual. 16 I'm going to vote against the bill 17 just because I think it's -- it's just too 18 broadly drawn but, Senator Nozzolio, if you want 19 to limit it to really serious offenses, that's 20 fine. I'll support that bill, but I'm not going 21 to support something that I really don't think 22 makes sense. 23 ACTING PRESIDENT KUHL: Is there 24 any other Senator wishing to speak on the bill? 25 Senator Gold. 1 SENATOR GOLD: Mr. President. Mr. 2 President. 3 ACTING PRESIDENT KUHL: Senator 4 Gold. 5 SENATOR GOLD: Thank you very 6 much. 7 Would Senator Nozzolio yield to 8 just one question? 9 ACTING PRESIDENT KUHL: Senator 10 Nozzolio, do you yield to one question? 11 SENATOR NOZZOLIO: Yes, Mr. 12 President. 13 ACTING PRESIDENT KUHL: The 14 Senator yields. 15 SENATOR GOLD: Senator, I'm 16 looking at a memorandum from the New York State 17 Parole Officers Association and if I can read - 18 and it's a very graphic looking memo. It says 19 "Keep parole strong. Be tough on crime, not 20 just sound it" and then it says "The simple fact 21 is New Yorkers cannot afford to risk public 22 safety by allowing dangerous felons to be 23 released unsupervised into our community" and 24 then it lists Senator Maltese's bill and your 25 bill. 1 Don't you think, Senator, that - 2 and I'm somebody who appreciates your sincerity 3 on this issue and I mean that very seriously, but 4 don't you think that we have really lost the 5 focus here? If the parole officers are concerned 6 about dangerous felons unsupervised, and you are 7 too, don't you think we could make that little 8 itsy-bitsy amendment that Senator Leichter is 9 talking about so that we are not talking about 10 misdemeanors but we are focusing on these 11 dangerous felons? 12 SENATOR NOZZOLIO: Mr. President, 13 in response to Senator Gold's inquiry, I don't 14 believe that Senator Gold or Senator Leichter 15 appreciate the fact that maybe the level of the 16 crime is a misdemeanor. When you discuss the 17 unlawful imprisonment of a young child, that may 18 exist for an hour or so in Senator Leichter's 19 hypothetical, but I can think of countless 20 hypotheticals where that crime would create a 21 scar that lasts a lifetime on the victim, and I 22 believe that this tool will help those who wish 23 to provide the lifetime supervision that a 24 perpetrator of a sex crime requires. I believe 25 that taken in isolation, that sex perpetrator is 1 likely to be convicted of a number of different 2 offenses of which the misdemeanor violation which 3 Senator Leichter characterizes would be the 4 lesser of all the offenses that a conviction 5 would warrant. 6 Senator, I don't doubt your 7 sincerity in raising this issue, but I believe 8 the statute is appropriate as presented. 9 ACTING PRESIDENT KUHL: Senator 10 Gold. 11 SENATOR GOLD: Yeah. Will the 12 gentleman yield to just one more question? 13 ACTING PRESIDENT KUHL: Senator 14 Nozzolio? 15 SENATOR NOZZOLIO: Yes, Mr. 16 President. 17 ACTING PRESIDENT KUHL: The 18 Senator yields. 19 SENATOR GOLD: Senator, there's no 20 doubt that sexual offenses leave a mark no matter 21 what level they're at, but wouldn't you agree 22 that all offenses leaves some kind of a mark? 23 There's some people whose homes are broken into 24 and it leaves a mark. There's people whose 25 purses get snatched and it leaves a mark. Don't 1 you think that every criminal act leaves some 2 kind of a mark? 3 My question -- and this is what 4 I'm getting at -- is that we have in the state of 5 New York a sentencing structure. We do not say 6 that if you commit a crime in New York, you get a 7 death penalty. You commit a crime in New York, 8 you get ten years. We have structures, because 9 this Legislature is smart enough and the people 10 in this room, including you and led by you, are 11 smart enough to make distinctions and all Senator 12 Leichter is saying is that -- and by the way, 13 this bill has been before us before and it passed 14 with a very large vote. Maybe one of the reasons 15 it's not a law today is because the Assembly may 16 be pointing out the same thing to you -- I don't 17 know. I'm not in those negotiations, but all 18 Senator Leichter is saying is that -- Senator 19 Nozzolio, I don't know whether it's your Cornell 20 education or not, but you're on the right idea 21 here, but you're going too far and if we made one 22 little cut, we would not be affecting the bad 23 guys. The bad guys would still be covered by 24 your bill, but we would be cleaning out some of 25 the system which doesn't belong there, and all 1 I'm saying to you is, you know, as Senator 2 Marcellino is probably telling you, accept the 3 amendment and let's make it a better bill and go 4 from there. It still is going to be a Nozzolio 5 bill except maybe we can get it passed, question 6 mark. 7 ACTING PRESIDENT KUHL: Any other 8 Senator wishing to speak on the bill? 9 (There was no response.) 10 Hearing none, the Secretary will 11 read the last section. 12 THE SECRETARY: Section 11. This 13 act shall take effect on the first day of 14 November. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT KUHL: Record the 19 negatives. Announce the results. 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 300 are Senators 22 Leichter and Montgomery. Ayes 57, nays 2. 23 ACTING PRESIDENT KUHL: The bill 24 is passed. 25 Senator Holland. 1 SENATOR HOLLAND: Mr. President, 2 can we return to reports of standing committees 3 and consider reports of the Local Governments and 4 Education Committees, please. 5 ACTING PRESIDENT KUHL: We'll 6 return to the order of reports of standing 7 committees. 8 The Secretary will read the 9 reports of the Education and the Local 10 Governments Committees. 11 THE SECRETARY: Senator Rath, from 12 the Committee on Local Governments, reports: 13 Senate Print 461, by Senator 14 Larkin, an act to amend the Real Property Tax 15 Law; 16 528, by Senator Present, an act to 17 amend the General Municipal Law; 18 2514-A, by Senator Johnson, an act 19 to amend the Real Property Tax Law; 20 2848, by Senator Marcellino, an 21 act to amend the General Municipal Law; 22 3095, by Senator Seward, an act to 23 amend the Town Law; 24 3134, by Senator LaValle, an act 25 to amend the General Municipal Law; 1 3479, by Senator Lack, an act to 2 amend the General Municipal Law; 3 3638, with amendments, by Senator 4 Rath, an act to amend the Town Law; 5 5125, by Senator LaValle, an act 6 to amend the Town Law; 7 5269-A, by Senator Stafford, an 8 act authorizing the town of Schroon; 9 6203, by Senator Leibell, an act 10 to amend the Real Property Tax Law; 11 6207, by Senator Volker, an act in 12 relation to authorizing. 13 Senator Cook, from the Education 14 Committee, reports: 15 Senate Print 334, by Senator 16 Skelos, an act to amend the Education Law; 17 366, by Senator Cook, an act to 18 amend the Education Law; 19 2884-A, by Senator Johnson, an act 20 to amend the Education Law. 21 3426-B, by Senator Cook, an act to 22 amend the Education Law; and 23 5961, by Senator Saland, an act to 24 authorize the payment of transportation. 25 All bills directly for third 1 reading. 2 ACTING PRESIDENT KUHL: All bills 3 are ordered directly to third reading. 4 Senator Holland. 5 SENATOR HOLLAND: Is there any 6 housekeeping, Mr. President? 7 ACTING PRESIDENT KUHL: Senator 8 Montgomery, why do you rise? 9 SENATOR MONTGOMERY: Yes, Mr. 10 President. I would like unanimous consent to be 11 recorded in the negative on Calendar 314. 12 ACTING PRESIDENT KUHL: Without 13 objection, hearing no objection, Senator 14 Montgomery will be recorded in the negative on 15 Calendar Number 314. 16 Senator Holland. 17 SENATOR HOLLAND: Any further 18 housekeeping? 19 ACTING PRESIDENT KUHL: There is 20 none. 21 SENATOR HOLLAND: There being no 22 further business, I move we adjourn until 23 Wednesday, March 11th, at 11:00 a.m. 24 ACTING PRESIDENT KUHL: Without 25 objection, the Senate stands adjourned until 1 tomorrow, Wednesday, March 11th, at 11:00 a.m. 2 (Whereupon, at 4:10 p.m., the 3 Senate adjourned.) 4 5 6 7 8 9