2273
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 1, 2018
11 3:26 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH GRIFFO, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
2274
1 P R O C E E D I N G S
2 ACTING PRESIDENT GRIFFO: The
3 Senate will come to order.
4 I ask all present to please rise
5 and join with me as we recite the Pledge of
6 Allegiance to our Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT GRIFFO: In the
10 absence of clergy, I ask all present to please
11 bow your heads in a moment of silent prayer
12 and/or reflection.
13 (Whereupon, the assemblage
14 respected a moment of silence.)
15 ACTING PRESIDENT GRIFFO: The
16 reading of the Journal.
17 THE SECRETARY: In Senate, Monday,
18 April 30th, the Senate met pursuant to
19 adjournment. The Journal of Sunday, April 29th,
20 was read and approved. On motion, Senate
21 adjourned.
22 ACTING PRESIDENT GRIFFO: Without
23 objection, the Journal will stand approved as
24 read.
25 Presentation of petitions.
2275
1 Messages from the Assembly.
2 Messages from the Governor.
3 Reports of standing committees.
4 Reports of select committees.
5 Communications and reports from
6 state officers.
7 Motions and resolutions.
8 Senator DeFrancisco.
9 SENATOR DeFRANCISCO: Are we on
10 motions and resolutions?
11 ACTING PRESIDENT GRIFFO: Correct.
12 SENATOR DeFRANCISCO: I'd like
13 to -- first of all, on page 46 I offer the
14 following amendments to Calendar 719, Senate
15 Print 7435, by Senator LaValle, and ask that
16 said bill retain its place on the Third Reading
17 Calendar.
18 ACTING PRESIDENT GRIFFO: The
19 amendments are received, and the bill shall
20 retain its place on third reading.
21 Senator DeFrancisco.
22 SENATOR DeFRANCISCO: Please
23 recognize Senator Klein.
24 ACTING PRESIDENT GRIFFO: Senator
25 Klein.
2276
1 SENATOR KLEIN: Thank you,
2 Mr. President.
3 On behalf of Senator Kennedy, I
4 move that the following bill be discharged from
5 its respective committee and be recommitted with
6 instructions to strike the enacting clause:
7 Senate Bill 7807.
8 ACTING PRESIDENT GRIFFO: It is so
9 ordered.
10 Senator DeFrancisco.
11 SENATOR DeFRANCISCO: Yes, I move
12 to adopt the Resolution Calendar without
13 exception.
14 ACTING PRESIDENT GRIFFO: All in
15 favor of adopting the Resolution Calendar
16 signify by saying aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT GRIFFO: Opposed?
19 (No response.)
20 ACTING PRESIDENT GRIFFO: The
21 Resolution Calendar is adopted.
22 Senator DeFrancisco.
23 SENATOR DeFRANCISCO: Can we take
24 up previously adopted Resolution 3516, by
25 Senator Funke, title only, and call on Senator
2277
1 Funke to speak, please.
2 ACTING PRESIDENT GRIFFO: The
3 Secretary will read.
4 THE SECRETARY: Legislative
5 Resolution 3516, by Senator Funke, memorializing
6 Governor Andrew M. Cuomo to proclaim May 5, 2018,
7 as I Love My Park Day in the State of New York.
8 ACTING PRESIDENT GRIFFO: Senator
9 Funke.
10 SENATOR FUNKE: Thank you,
11 Mr. President.
12 For all the challenges we have in
13 New York State, and we certainly do have them, I
14 think it's important to take a step back and be
15 mindful of the fact that we are blessed to live
16 in such a beautiful state. Our parks are second
17 to none. From Bethpage to the Adirondacks, from
18 Letchworth to Niagara Falls, our parks are
19 important to provide respite from big city life,
20 to bring families together, to bring peace and
21 tranquility to busy lives.
22 But they need to be maintained. And
23 with the number of Park Police -- also visiting
24 us today -- they need to be protected and the
25 officers need to have what they need in order to
2278
1 ensure that they can do the job that they do each
2 and every day.
3 We want visitors to enjoy our parks.
4 We want them to be safe. We want visitors to
5 consider moving here and opening businesses here.
6 And for all the negatives that we have and that
7 swirl around us in New York State, our state
8 parks are an example of what really makes
9 New York State great.
10 Thank you, Mr. President.
11 ACTING PRESIDENT GRIFFO: Thank
12 you, Senator Funke.
13 As indicated, the resolution was
14 previously adopted.
15 Senator Funke has opened the
16 resolution for cosponsorship. Should you choose
17 to be a cosponsor, please notify the desk.
18 Senator DeFrancisco.
19 SENATOR DeFRANCISCO: Yes, could we
20 take up previously adopted Resolution 4757, by
21 Senator Rivera, title only, and call on
22 Senator Rivera to speak.
23 ACTING PRESIDENT GRIFFO: The
24 Secretary will read.
25 THE SECRETARY: Legislative
2279
1 Resolution Number 4757, by Senator Rivera,
2 celebrating the life of Sister Charlotte Terrell
3 Sapp, distinguished citizen, religious leader and
4 devoted member of her community.
5 Senator Rivera.
6 SENATOR RIVERA: Thank you,
7 Mr. President.
8 It is today with sadness that I
9 stand up on the floor of the Senate. At the same
10 time that we are honoring many Women of
11 Distinction from our districts, today I am
12 speaking briefly about the life of one such
13 distinguished woman who sadly is no longer with
14 us.
15 Charlotte Terrell Sapp died suddenly
16 and unexpectedly at the young age of 50 on
17 Tuesday, January 9th, of this year. She was a
18 New York resident, a Bronx resident, a proud
19 Bronx resident, and a proud member of the
20 Creston Avenue Baptist Church right around the
21 corner from my district office, where I saw her
22 many times, and some of the times that my staff
23 would go and work on the -- there's a food pantry
24 that is very active just right around the corner
25 from my district.
2280
1 She was committed to service to her
2 community. She actually took it to the next step
3 and joined my colleague's -- Assemblymember
4 Victor Pichardo's office, where she was a staff
5 member briefly before her passing, her untimely
6 passing.
7 So as we take some time to honor
8 those women who are still with us who will make
9 our districts and our communities better all over
10 the state, I just wanted to say that Ms. Sapp is
11 missed. Her legacy is something that I wanted to
12 make sure to celebrate today, Mr. President.
13 And just to say that she was a
14 valuable member of her community, she was a
15 valuable member of Assemblymember Victor
16 Pichardo's staff -- but most importantly, she was
17 a Bronx resident who gave back every single day.
18 And I'm sad that she is no longer with us and
19 wanted to take some time to honor her this
20 afternoon.
21 Thank you, Mr. President.
22 ACTING PRESIDENT GRIFFO: Thank
23 you, Senator Rivera.
24 As indicated, the resolution was
25 previously adopted.
2281
1 Senator Rivera has opened up the
2 resolution for cosponsorship. Should you choose
3 to be a cosponsor, please notify the desk.
4 Senator DeFrancisco.
5 SENATOR DeFRANCISCO: Yes, we have
6 an important resolution on Women of Distinction,
7 but we're not quite ready. Therefore, could you
8 take up the noncontroversial reading of the
9 calendar.
10 ACTING PRESIDENT GRIFFO: The
11 Secretary will read.
12 THE SECRETARY: Calendar Number
13 104, by Senator Marcellino, Senate Print 1146A,
14 an act to amend the Education Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT GRIFFO: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar 104, those recorded in the negative are
2282
1 Senators Alcantara, Bailey, Benjamin, Comrie,
2 Gianaris, Hamilton, Hoylman, Kavanagh, Krueger,
3 Montgomery, Parker, Peralta, Persaud, Rivera,
4 Sanders, Sepúlveda, Serrano, Stavisky and
5 Stewart-Cousins. Also Senator Dilan.
6 Ayes, 40. Nays, 20.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 Senator DeFrancisco.
10 SENATOR DeFRANCISCO: Can we please
11 suspend the reading of the noncontroversial
12 calendar and take up the privileged resolution by
13 Senator Flanagan, read it in its entirety, and
14 call on Senator Flanagan and Senator Savino to
15 speak.
16 ACTING PRESIDENT GRIFFO: The
17 active list will be temporarily suspended.
18 On motions and resolutions, Senator
19 DeFrancisco has recognized the resolution before
20 the house, and the Secretary will read.
21 THE SECRETARY: Legislative
22 Resolution by Senators Flanagan and
23 Stewart-Cousins, congratulating the 2018 New York
24 State Women of Distinction.
25 "WHEREAS, It is the custom of this
2283
1 Legislative Body to acknowledge and celebrate
2 Women of Distinction who significantly add
3 inspiration and encouragement to the people of
4 this great Empire State; and
5 "WHEREAS, The New York State Senate
6 Women of Distinction program was created in 1998
7 as part of our state celebration of Women's
8 History Month to honor exemplary women from
9 across New York State whose singular professional
10 or personal achievements, commitment to
11 excellence and accomplishments merit special
12 recognition; honorees are selected from
13 nominations submitted from across the state; and
14 "WHEREAS, Women of every economic,
15 ethnic and religious background have made
16 significant contributions that are reflected
17 across all aspects of society; and
18 "WHEREAS, It is the custom of this
19 Legislative Body to pay tribute to individuals of
20 remarkable character who have shown initiative
21 and commitment in constantly pursuing higher
22 goals for themselves, as well as acting as role
23 models to all women in their community; and
24 "WHEREAS, On behalf of the New York
25 State Senate, we congratulate Khayriyyah H. Ali,
2284
1 Tamara Baker, Elizabeth Baldwin, Kathryn J. Boor,
2 Ph.D, Christina Boryk, Amy Breedlove, Linda
3 Brown-Robinson, Lynda Bryan, Roberta
4 Byron-Lockwood, Dr. Diane B. Call, Judy A.
5 Calogero, Lucy A. Candelario, Hope Coleman,
6 Carole Coppens, Laurie Crane, Maria Cruz, Doreen
7 P. Cugno, Katie Davis, Mary Eileen Fitzgerald,
8 Dr. Irina Gelman, Wendy Genao, Sister Gail Glenn,
9 SSJ, Cheryl Hage-Perez, Sherene Hall, Pamela
10 Hardy-Lockley, Norma Jimenez, June A. Johnson,
11 Monique Johnson, Tiesha C. Jones, Virgie Jones,
12 Leslie Kennedy, Robyn L. Krueger, Rachel Levy,
13 Detective Kayla Maher, Beverly L. Mancuso, Nora
14 Constance Marino, Pat Matthews, Patricia J.
15 McCabe, Deborah Milone, Donna Mossman, Maritza
16 Muñoz, Louise Novros, Shannon Ozzella, Lin Pan,
17 Joan Pastore, DSW, Rhianna Quinn Roddy, Linda
18 Romano, Jacqueline Romano, Samantha Ross,
19 Elizabeth Rowley, CFRE, Marcee Rubinstein,
20 Shirley Ruch, Mary Lou Rupp, Dr. Meera Shah,
21 Dr. Renee Scialdo Shevat, Gail L. Smith, Coleen
22 Cole Spinello, Nell Stokes, Gina Vasquez, Roxanne
23 Watson, Alice Holloway Young, and Janet Zinck as
24 2018 New York State Senate Women of Distinction,
25 to be celebrated on Tuesday, May 1, 2018, at the
2285
1 Annual Women of Distinction Awards ceremony in
2 The Well of the Legislative Office Building; and
3 "WHEREAS, Women have become part of
4 New York's lasting heritage by fighting against
5 stereotypes, prejudice, and seemingly
6 insurmountable obstacles; and
7 "WHEREAS, From the women's suffrage
8 movement just over 150 years ago to the present
9 day, women have played and continue to play a
10 crucial role in adding strength, understanding,
11 and inspiration to the diversity and quality of
12 life of the people of the State of New York; and
13 "WHEREAS, New York State has been,
14 and continues to be, the home to many
15 distinguished women who have made their mark in
16 history as pioneers in their field, therefore
17 laying the foundation for women after them to
18 succeed; and
19 "WHEREAS, This Legislative Body
20 recognizes that New York State is the home to
21 countless women who are strong and colorful
22 threads, vital to the fabric of our rich
23 heritage, who have contributed and continue to
24 add to the advancement of our culture through
25 their traditional and nontraditional roles in
2286
1 society; now, therefore, be it
2 "RESOLVED, It is the sense of this
3 Legislative Body that those who enhance the
4 well-being and vitality of their community and
5 have shown a long and sustained commitment to
6 excellence certainly have earned the recognition
7 and applause of all the citizens of this great
8 Empire State; and be it further
9 "RESOLVED, That copies of this
10 resolution, suitably engrossed, be transmitted to
11 the aforementioned Women of Distinction."
12 ACTING PRESIDENT GRIFFO: Senator
13 Savino.
14 SENATOR SAVINO: Thank you,
15 Mr. President.
16 I want to thank Senator Flanagan for
17 bringing this resolution and Senator
18 Stewart-Cousins for also cosponsoring it.
19 And I want to thank all of my
20 colleagues for continuing this tradition that was
21 begun in this chamber 20 years ago when the
22 New York State Senate decided to start the
23 tradition of honoring Women of Distinction,
24 inviting women from all of our districts to come
25 to Albany in recognition of what they do at home.
2287
1 We all know that every year we pick
2 a woman to come from our districts in recognition
3 of what they do, and most of the time those women
4 are as surprised as they can be when we call them
5 on the phone and we say to them, We want you to
6 come to Albany because we believe that you are
7 special and you deserve recognition from the
8 State of New York for the things that you do
9 every day. Because we know that most women take
10 for granted that no one pays attention to what
11 they're doing, whether they're educators, whether
12 they're doctors, whether they're lawyers, whether
13 they're community activists. They're so busy
14 running their own lives they don't think what
15 they're doing should be noted or is distinctive.
16 We know how important it is.
17 We're going to hear later on tonight
18 when we go down to the Women of Distinction
19 ceremony and we honor them individually -- we're
20 going to read the book, we're going to look at
21 each one of their bios, and we are going to see
22 some of the most amazing women in the State of
23 New York. And we're going to have an opportunity
24 to speak to them afterwards, where they'll share
25 some of the moments of their life, and we're
2288
1 going to continue to be inspired by them, and
2 rightfully so.
3 Right here in this chamber, we have
4 15 amazing women, one of them added to us
5 yesterday when Senator Shelley Mayer joined the
6 chamber. I've had the privilege over the last 14
7 years of serving with some amazing women in this
8 chamber -- those of us who are here with us now,
9 some of us who have gone on to bigger and better
10 things.
11 New York's women are distinctive in
12 so many ways, and I am so proud to be here to be
13 alongside all of you to recognize the women who
14 are here today, to work alongside the women in
15 this chamber, here and in the Assembly, and to
16 just join all of you in recognition, again, for
17 the New York State Women of Distinction.
18 Thank you to all of my colleagues.
19 ACTING PRESIDENT GRIFFO: Senator
20 Flanagan.
21 SENATOR FLANAGAN: Thank you,
22 Mr. President.
23 I want to add my voice to that of
24 Senator Savino and also Senator
25 Stewart-Cousins -- frankly, to all of my
2289
1 colleagues, both sides of the aisle, both
2 genders.
3 And to our guests, first of all,
4 welcome. I just had a chance to meet Lynda
5 Bryan, sitting in the back, who is Senator
6 Marchione's honoree. Senator Phillips told me
7 that her honoree is a woman named Lin Pan.
8 And why do I raise this? Because
9 one of the really nice things about today is,
10 number one, the tradition of us having this type
11 of event. Number two, because we get a chance to
12 read bios and stories and facts about people who
13 are heavily involved in their communities --
14 people who make a difference, whether it's in a
15 voluntary capacity or a paid capacity. And these
16 are our leaders here in the State of New York.
17 Now, to some of our honorees who are
18 here -- I see some in the gallery -- I'm going to
19 be parochial, very parochial. I'm glad to see my
20 honoree and a Woman of Distinction from the
21 Second Senate District, who is Leslie Kennedy,
22 who is a county legislator. Now, this is pretty
23 interesting, because she is a county legislator
24 and she is joined in the gallery by her husband,
25 John Kennedy, who is the Suffolk County
2290
1 comptroller. And you can only imagine the table
2 discussion and the dinner discussions -- she
3 wants to spend money, he's trying to save
4 money --
5 (Laughter.)
6 SENATOR FLANAGAN: -- you know, all
7 on the public fisc. But Leslie is a vanguard and
8 protector of the taxpayer.
9 But to all of our colleagues, and
10 particularly our women who are here today,
11 guests, welcome to Albany, welcome to the
12 New York State Senate chamber, welcome to your
13 house. Sometimes we need to be reminded that
14 this is all owned by the taxpayers of the great
15 State of New York.
16 So to all of you, thank you for who
17 you are, the fact that you are here. And what I
18 would recommend to everyone, including our
19 honorees, take the book and read it. You're
20 going to find out a lot of good things about very
21 good people here in the State of New York.
22 I also want to lastly add, but very
23 importantly so, Betty Little is the head of our
24 caucus -- our Women's Legislative Caucus in our
25 Majority Conference. We have several members of
2291
1 that conference, all of whom serve with
2 distinction. So it's an added bonus that we can
3 not only recognize our own colleagues, but our
4 guests and honorees today.
5 Mr. President, thank you very much.
6 ACTING PRESIDENT GRIFFO: Thank
7 you, Senator Flanagan.
8 The question is on the resolution.
9 All in favor signify by saying aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT GRIFFO: Opposed?
12 (No response.)
13 ACTING PRESIDENT GRIFFO: The
14 resolution is adopted.
15 We congratulate all those in
16 attendance and extend our best wishes and the
17 privileges of the house of the Senate today upon
18 your visit here.
19 And the resolution will include all
20 members unless otherwise indicated by a member at
21 the desk.
22 Senator DeFrancisco.
23 SENATOR DeFRANCISCO: Yes, I just
24 want to clarify. Whenever you get 63 legislators
25 in a room, everybody wants to talk about their
2292
1 honoree. And we're not here like potted plants.
2 But there's going to be a ceremony right after
3 session at 5:30 where everyone will talk about --
4 or it will be each of you will be talked about.
5 So don't feel neglected at all, it's simply a
6 matter of making sure we get to the process in an
7 orderly fashion.
8 With that said, could we continue
9 the noncontroversial reading of the calendar.
10 ACTING PRESIDENT GRIFFO: The
11 Secretary will continue the noncontroversial
12 reading of the active list of May 1.
13 Calendar Number 131.
14 THE SECRETARY: Calendar Number
15 131, by Senator Serino, Senate Print 2167A, an
16 act to amend the Family Court Act.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 12. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT GRIFFO: The bill
2293
1 is passed.
2 THE SECRETARY: Calendar Number
3 155, by Senator Sanders, Senate Print 4406A, an
4 act to amend the Public Health Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 180th day.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 161, by Senator Addabbo, Senate Print 3070, an
17 act to amend the Civil Service Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 4. This
21 act shall take effect immediately.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 62. Nays, 1.
2294
1 Senator Savino recorded in the negative.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 303, by Senator Golden, Senate Print 7140, an act
6 to amend the Retirement and Social Security Law.
7 ACTING PRESIDENT GRIFFO: There is
8 a home-rule message at the desk.
9 The Secretary will read the last
10 section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 63.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 378, by Senator Ritchie, Senate Print 7164, an
21 act to amend the Public Health Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect on the 180th day.
2295
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 63.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 Can I have some order in the house,
8 please.
9 The Secretary will continue.
10 THE SECRETARY: Calendar Number
11 397, by Senator Golden, Senate Print 6898C, an
12 act to amend the General Municipal Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 8. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 63.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 629, by Senator Persaud, Senate Print 5346A, an
25 act to amend the Penal Law.
2296
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT GRIFFO: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 629, those recorded in the negative are
12 Senators Little, Ranzenhofer and Robach.
13 Ayes, 60. Nays, 3.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 653, by Senator Funke, Senate Print 6038A, an act
18 to amend the Correction Law.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 6. This
22 act shall take effect on the first of November.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
2297
1 ACTING PRESIDENT GRIFFO: Senator
2 Sanders to be heard.
3 SENATOR SANDERS: Thank you,
4 Mr. President.
5 The next series of bills are going
6 to be --
7 ACTING PRESIDENT GRIFFO: Excuse
8 me, Senator Sanders.
9 I know we have a lot of visitors in
10 the house, but I would ask please, to allow the
11 stenographer to be able to hear, the members to
12 explain their votes or to converse, to please
13 give me some order in the chamber. May I please
14 have some silence in the chamber.
15 Senator Sanders, you may continue.
16 SENATOR SANDERS: Thank you, sir.
17 You gave me a moment to compose my thoughts. I
18 appreciate it.
19 To a hammer, every problem is a
20 nail. We're going to go through a series of
21 bills where, while there's some legitimacy on it,
22 I believe that there are better ways of tackling
23 issues of crime. So I'm going to be voting no to
24 the next series of bills, because I believe that
25 there are better and wiser ways to tackle crime.
2298
1 So I'm voting no, and I guess I will
2 continue voting no.
3 ACTING PRESIDENT GRIFFO: You're
4 going to vote no only with the exception of
5 Calendar 865, right?
6 (Laughter.)
7 ACTING PRESIDENT GRIFFO: Senator
8 Sanders to be recorded in the negative.
9 Is there anybody else that I see to
10 explain their vote?
11 Senator Hoylman.
12 SENATOR HOYLMAN: Thank you,
13 Mr. President.
14 I'm in support of this legislation.
15 But I want to add that in relation to trying to
16 prevent child sexual assault -- which our
17 colleagues in the Assembly are doing as we speak
18 as they vote, in a bipartisan fashion, in support
19 of the Child Victims Act -- that I hope before
20 the end of this session, Mr. President, we here
21 in the Senate will do the same.
22 I vote aye.
23 ACTING PRESIDENT GRIFFO: Senator
24 Hoylman to be recorded in the affirmative.
25 And Senator Kavanagh to explain his
2299
1 vote? No? Okay.
2 So anybody else? Then results.
3 THE SECRETARY: In relation to
4 Calendar 653, those recorded in the negative are
5 Senators Alcantara, Bailey, Benjamin, Comrie,
6 Gianaris, Hamilton, Kavanagh, Krueger,
7 Montgomery, Parker, Rivera, Sanders, Sepúlveda
8 and Serrano.
9 Ayes, 49. Nays, 14.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 661, by Senator Golden, Senate Print 7797A, an
14 act to amend the Retirement and Social Security
15 Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 5. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 63.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
2300
1 THE SECRETARY: Calendar Number
2 700, by Senator Golden, Senate Print 232, an act
3 to amend the Penal Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT GRIFFO: Senator
12 Krueger to explain her vote.
13 SENATOR KRUEGER: Thank you,
14 Mr. President.
15 I am voting no on this, and I will
16 be voting no on a number of bills that are
17 following that all seem to have the same pattern:
18 They do mandatory life in prison without judicial
19 discretion.
20 We did not take up the Governor's
21 proposal to have geriatric parole and release
22 during the budget period.
23 I would simply highlight that the
24 series of bills that we are looking at today,
25 one, seem to take the position that it is
2301
1 impossible to have redemption and recognize the
2 error of one's ways while in prison for decades
3 and decades; and, two, will all guarantee that
4 New York State continues to pay a greater amount
5 of money than ever imaginable on geriatric care
6 of extremely elderly and sick prisoners who can't
7 possibly be a risk to society.
8 So I think we really need to think
9 through what we are doing when we attempt to pass
10 these kinds of bills. But for now, it's a no on
11 this one.
12 Thank you, Mr. President.
13 ACTING PRESIDENT GRIFFO: Senator
14 Krueger to be recorded in the negative.
15 Announce the results.
16 THE SECRETARY: In relation to
17 Calendar 700, those recorded in the negative are
18 Senators Bailey, Hoylman, Kavanagh, Krueger,
19 Montgomery, Parker, Rivera, Sanders and
20 Sepúlveda.
21 Ayes, 54. Nays, 9.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 704, by Senator Ortt, Senate Print 1238, an act
2302
1 to amend the Penal Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT GRIFFO: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar 704, those recorded in the negative are
13 Senators Bailey, Dilan, Gianaris, Hoylman,
14 Kavanagh, Krueger, Montgomery, Parker, Rivera,
15 Sanders and Sepúlveda. Also Senator Serrano.
16 Ayes, 51. Nays, 12.
17 ACTING PRESIDENT GRIFFO: The bill
18 passes.
19 THE SECRETARY: Calendar Number
20 706, by Senator Bonacic, Senate Print 2046, an
21 act to amend the Penal Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
2303
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT GRIFFO: Announce
5 the results.
6 THE SECRETARY: In relation to
7 Calendar 706, those recorded in the negative are
8 Senators Bailey, Benjamin, Gianaris, Hoylman,
9 Kavanagh, Krueger, Montgomery, Parker, Rivera,
10 Sepúlveda and Serrano. Also Senator Sanders.
11 Also Senator Hamilton.
12 Ayes, 50. Nays, 13.
13 ACTING PRESIDENT GRIFFO: The bill
14 passes.
15 THE SECRETARY: Calendar Number
16 707, by Senator Helming, Senate Print 2566, an
17 act to amend the Penal Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 90th day.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT GRIFFO: Announce
2304
1 the results.
2 THE SECRETARY: In relation to
3 Calendar 707, those recorded in the negative are
4 Senators Bailey, Benjamin, Comrie, Gianaris,
5 Hoylman, Kavanagh, Krueger, Montgomery, Parker,
6 Rivera, Sanders, Sepúlveda and Serrano.
7 Ayes, 50. Nays, 13.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 778, by Senator Croci, Senate Print 923, an act
12 to amend.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 8. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT GRIFFO: Senator
21 Croci to explain his vote.
22 SENATOR CROCI: Thank you,
23 Mr. President.
24 And I'd like to thank this body for
25 once again allowing this legislation not only to
2305
1 come to the floor, but it was passed last year
2 unanimously.
3 I don't know if you remember 1979,
4 but I remember 1979 as a 7-year-old going out to
5 the front maple tree to tie a yellow ribbon
6 around it for the hostages that were taken and
7 held for 444 days in the U.S. Embassy in Tehran.
8 And since that time, the greatest state sponsor
9 of terrorism in the world remains Iran.
10 It started with that violation of a
11 fundamental principle of international law, the
12 sanctity of a foreign mission or embassy
13 overseas, and it resulted many years later, in
14 our lifetimes and in modern military history,
15 with not only the hostages being taken and then
16 finally released, but the murder of American
17 servicemen and -women overseas using improvised
18 explosive devices that were sent into Iraq and
19 Afghanistan from Iran -- 500 service members
20 killed, in one estimate from the Military Times,
21 and thousands of others maimed and wounded.
22 The fundamental principles of
23 international law and certainly the respect for
24 all humankind has no relevance to the regime that
25 controls what I believe to be a very educated, a
2306
1 very rich and unique and diverse culture, and
2 that is the Persian culture and the Iranian
3 people.
4 So I think it's fitting and
5 appropriate not only that this body continues to
6 take action and ensure that we do not do business
7 with a regime that continues to terrorize the
8 Western world and pose a threat to our friends in
9 the region, including the nation of Israel, and
10 to make sure that we continue to stand as
11 New Yorkers against this kind of vile hatred that
12 has permeated what once was a beautiful culture
13 and nation and will be again.
14 Thank you, Mr. President.
15 ACTING PRESIDENT GRIFFO: Senator
16 Croci to be recorded in the affirmative.
17 Senator DeFrancisco.
18 SENATOR DeFRANCISCO: Yes, I am
19 going to vote yes on this bill, but I want to
20 note an objection. I just want to make certain
21 everybody understands that I don't think it was
22 necessary for Senator Croci to mention that he
23 was nine years old in 1975.
24 (Laughter.)
25 SENATOR DeFRANCISCO: Oh, seven
2307
1 years old, excuse me. I was so nervous when I
2 heard, it I didn't get the -- but other than
3 that, it's a great bill. Thank you.
4 ACTING PRESIDENT GRIFFO: Senator
5 DeFrancisco in the affirmative.
6 Announce the results.
7 THE SECRETARY: Ayes, 63.
8 ACTING PRESIDENT GRIFFO: The bill
9 passes.
10 THE SECRETARY: Calendar Number
11 795, by Senator Golden, Senate Print 5594C, an
12 act to amend the Retirement and Social Security
13 Law.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect immediately.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 63.
22 ACTING PRESIDENT GRIFFO: The bill
23 passes.
24 THE SECRETARY: Calendar Number
25 831, by Senator Golden, Print 8015, an act to
2308
1 amend the Penal Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect October 1, 2018.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT GRIFFO: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar 831, those recorded in the negative are
13 Senators Alcantara, Bailey, Benjamin, Breslin,
14 Comrie, Gianaris, Hamilton, Hoylman, Kavanagh,
15 Krueger, Montgomery, Parker, Persaud, Rivera,
16 Sanders, Sepúlveda and Serrano. Also
17 Senator Peralta.
18 Ayes, 45. Nays, 18.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 863, by Senator Ortt, Senate Print 1211, an act
23 to amend the Penal Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
2309
1 THE SECRETARY: Section 2. This
2 act shall take effect on the first of November.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT GRIFFO: Announce
7 the results.
8 THE SECRETARY: Ayes, 61. Nays, 2.
9 Senators Little and Montgomery recorded in the
10 negative.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 865, by Senator Griffo, Senate Print 2730, an act
15 to amend the Penal Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 5. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT GRIFFO: Senator
24 Sanders, did you want to explain your vote?
25 SENATOR SANDERS: Yes, sir.
2310
1 ACTING PRESIDENT GRIFFO: Senator
2 Sanders to explain his vote.
3 SENATOR SANDERS: It is with a
4 great turn of heart that I have to vote no on
5 this one. I respect the author to that degree.
6 However, I humbly differ with him on
7 this. There are better ways of dealing with
8 crime. You cannot -- you can't imprison a
9 nation. We've got to figure a new way.
10 Mr. President, I vote no. Sorry
11 about that.
12 ACTING PRESIDENT GRIFFO: Senator
13 Sanders in the negative.
14 Can we just have a show of hands
15 again, just to make sure we have an accurate --
16 Announce the results.
17 THE SECRETARY: In relation to
18 Calendar 865, those recorded in the negative are
19 Senators Alcantara, Bailey, Benjamin, Comrie,
20 Dilan, Gianaris, Hamilton, Hoylman, Kavanagh,
21 Krueger, Montgomery, Parker, Peralta, Rivera,
22 Sanders, Sepúlveda, Serrano. Also
23 Senator Persaud.
24 Ayes, 45. Nays, 18.
25 ACTING PRESIDENT GRIFFO: The bill
2311
1 is passed.
2 THE SECRETARY: Calendar Number
3 867, by Senator Lanza, Senate Print 2819, an act
4 to amend the Executive Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT GRIFFO: Show of
13 hands, please.
14 Announce the results.
15 THE SECRETARY: In relation to
16 Calendar 867, those recorded in the negative are
17 Senators Hoylman, Kavanagh, Montgomery, Parker
18 and Sepúlveda.
19 Ayes, 58. Nays, 5.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 868, by Senator LaValle, Senate Print 2997A, an
24 act to amend the Executive Law.
25 ACTING PRESIDENT GRIFFO: Read the
2312
1 last section.
2 THE SECRETARY: Section 5. This
3 act shall take effect immediately.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT GRIFFO: Senator
8 Krueger to explain her vote.
9 SENATOR KRUEGER: Thank you. Just
10 to explain.
11 This is the bill that would extend
12 from 24 months to 60 months, from two years to
13 five years, when a candidate for parole could be
14 heard again by the Parole Board.
15 I can find no justification for
16 changing our laws to prevent someone from simply
17 attempting to submit their case for
18 reconsideration for an entire five-year period
19 between attempts. I think this is a giant step
20 backwards and certainly doesn't do anything to
21 protect the public. So I'm voting no.
22 Thank you, Mr. President.
23 ACTING PRESIDENT GRIFFO: Senator
24 Krueger to be recorded in the negative.
25 Can I again see a show of hands,
2313
1 please.
2 Announce the results.
3 THE SECRETARY: In relation to
4 Calendar 868, those recorded in the negative are
5 Senators Alcantara, Bailey, Benjamin, Breslin,
6 Comrie, Dilan, Gianaris, Hamilton, Hoylman,
7 Kavanagh, Krueger, Montgomery, Parker, Peralta,
8 Persaud, Rivera, Sanders, Sepúlveda, Serrano,
9 Stavisky and Stewart-Cousins.
10 Ayes, 42. Nays, 21.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 870, by Senator Tedisco, Senate Print 4036, an
15 act to amend the Penal Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 4. This
19 act shall take effect on the 90th day.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT GRIFFO: Senator
24 Krueger to explain her vote.
25 SENATOR KRUEGER: Thank you,
2314
1 Mr. President. I will also be voting no against
2 this bill.
3 So you read it and you think, well,
4 three strikes and you're out for violent
5 felonies. But -- and the strike you're out could
6 be life without parole.
7 But in fact there are relatively
8 low-level violent felonies -- and I'm not saying
9 they're not serious, and I'm not saying anybody
10 should be committing them. But the concept that
11 you might be a drug addict and have robbery at
12 three 7-11 stores over a certain period of your
13 addiction and as a result go to jail for life, I
14 find to be very troubling.
15 We are continuing to extend
16 penalties in prison for longer and longer periods
17 when there is no research that shows extensions
18 of these penalties do anything to either change
19 behaviors or protect the public -- again, I think
20 an overreach or even a step backwards in penal
21 law in New York State.
22 I'm voting no.
23 ACTING PRESIDENT GRIFFO: Senator
24 Krueger to be recorded in the negative.
25 Senator Tedisco to explain his vote.
2315
1 SENATOR TEDISCO: Thank you,
2 Mr. President.
3 Let me just read what some of the
4 crimes are in these persistent violent felons.
5 Crimes include second-degree murder, first- and
6 second-degree manslaughter, kidnapping,
7 first-degree rape, first- or second-degree
8 robbery, burglary, arson and gang assault.
9 You know, over the past couple --
10 two or three weeks I've been watching the second
11 floor and the ideas and the concepts and the
12 executive orders which have been coming out of
13 there which my colleagues on the other side of
14 the aisle seem to embrace and support. Not too
15 long ago, one of them was to eliminate or reduce
16 drastically bail.
17 I can tell you, I've talked to
18 district attorneys, Republican and Democrat --
19 they've contacted me -- drug dealers, murderers,
20 what they say, do not do this. Do not do this to
21 the people you represent. These people are flee
22 risks. They will run if you don't give them high
23 enough bail to get them off the streets and hold
24 them for -- to go before the judiciary.
25 And then another beautiful
2316
1 presentation that we have, 35,000 felons, some of
2 them murderers, some of them rapists, who are on
3 parole -- an executive order, I guess, by the
4 Governor wants them to vote, pick the people in
5 our communities who are elected officials.
6 Thirty-five thousand.
7 Now what I hear from the other side,
8 chronic criminals -- I repeat it, chronic
9 criminals -- one violent felon -- and a violent
10 felon can get an indeterminate sentence of
11 12 years to life to an indeterminate term of
12 25 years to life. And we're not talking about
13 one time a violent felon, we're not talking about
14 two times a violent felon, we're not talking
15 about three -- oh, yeah, we are, three. The
16 fourth time, the third time -- how many times are
17 we going to allow for violent felons? Even when
18 Drudge {ph} has three strikes, he sits down.
19 He's out of the game.
20 I think they're out of the game of
21 life when they prove that your constituents and
22 our constituents are being endangered. Now, what
23 are you going to say to one of your constituents,
24 one of their family members, one of your good
25 friends, one of your college graduates or high
2317
1 school graduates who are impacted by this
2 individual who had three times to have a bite at
3 the apple. Served his time, came out, and killed
4 one of those individuals. What are you going to
5 say to them? It was a 7-11 we were trying to
6 protect? When are we going to get to the point
7 when enough is enough and we say we have an
8 obligation to the honest, law-abiding citizens
9 who we represent?
10 It's a good bill. We give people
11 enough opportunities. What's it going to take,
12 four, five, six, seven? How many people have to
13 be killed before you guys decide maybe a part of
14 this thing is to get people off the street
15 forever. Because I think there should be a point
16 when that happens.
17 Thank you, Mr. President.
18 ACTING PRESIDENT GRIFFO: Senator
19 Tedisco in the affirmative.
20 Senator Rivera to explain his vote.
21 SENATOR RIVERA: Thank you,
22 Mr. President.
23 So I have a few issues that I'd like
24 to -- that I think are important to discuss here.
25 I will be very brief. And I will say that the
2318
1 picture that is painted by some of my colleagues,
2 it's as though, number one, the criminal system
3 is absolutely perfect and without fail.
4 These are the same individuals who
5 say that we should have the death penalty.
6 People should die, people should have their lives
7 taken away by the state in an official way
8 because of the crimes they commit.
9 If we had a criminal justice system
10 that was perfect, that never failed, that was not
11 racist, that was not classist, then perhaps I
12 would agree with you.
13 I know that we are not talking about
14 the death penalty in this particular piece of
15 legislation, but it's about the same thing. It's
16 the idea, first of all, that a criminal justice
17 system is -- the criminal justice system that we
18 have is absolutely perfect, so obviously anyone
19 who is arrested is a criminal.
20 The way that some of my colleagues
21 speak about these individuals -- who are some of
22 our constituents, are some of our family
23 members -- it's as though they were stricken with
24 a plague. This is the same language, ladies and
25 gentlemen, I'll remind you, that was used for
2319
1 folks that were addicted and now they're all of a
2 sudden, you know, we treat them as -- not as
3 criminals, when they were fiends -- and my
4 colleague yesterday spoke about this on the
5 floor -- when in our communities, in our black
6 and brown communities, you had individuals who
7 were stricken by addiction, they weren't stricken
8 by addiction, they were criminals, they were
9 fiends, they were, you know, crackheads and all
10 these sorts of things.
11 This is exactly the type of -- and
12 I'm about to finish, Mr. President, no worries.
13 This is the same type of mentality, ladies and
14 gentlemen -- this bill, along with many other
15 ones that we're voting on today, comes from a
16 mentality that says that anyone that is arrested
17 or incarcerated should remain incarcerated for
18 the rest of their lives. That we have a criminal
19 justice system that is perfect, that is not
20 racist, classist or anything else, and therefore
21 we should make it harder for people to get out of
22 prison, we should make it easier for the criminal
23 justice system to put people away forever.
24 That is what we are saying no to.
25 And that is what I'm saying no to in this piece
2320
1 of legislation.
2 Thank you, Mr. President.
3 ACTING PRESIDENT GRIFFO: Senator
4 Rivera in the negative.
5 Senator DeFrancisco to explain his
6 vote.
7 SENATOR DeFRANCISCO: I support
8 this legislation.
9 And I happen to have a bill that I'm
10 trying my darnedest to get on the calendar to
11 vote on dealing with prosecutorial conduct.
12 There are situations definitely where there is
13 failure to close exculpatory evidence and the
14 like. And, you know, there are injustices, and
15 there's ways to deal with those injustices,
16 including the bill that I hope to pass before I
17 leave here.
18 But in any event, this is a
19 situation, however, where I believe strongly that
20 Senator Tedisco is right. This has nothing to do
21 about drugs, it has nothing to do about the death
22 penalty. It's something to do with someone who
23 is a persistent violent felony offender who has
24 had the opportunity to have cases appealed, have
25 due process not once, but twice, and in this case
2321
1 three times.
2 There comes a point in time when
3 someone should be removed from society, and
4 that's not us removing that person, that's the
5 person through their conduct who has earned the
6 right to be in jail and away from the general
7 population.
8 So this is a good bill, and I vote
9 aye.
10 ACTING PRESIDENT GRIFFO: Senator
11 DeFrancisco in the affirmative.
12 Senator Bonacic.
13 SENATOR BONACIC: Thank you,
14 Mr. President.
15 I want to thank Senator Tedisco for
16 this legislation.
17 And I listened carefully to
18 Senator Rivera. You know, we have a public
19 policy conception that the white man with money
20 can get away with things and is not treated the
21 same way as a poor Hispanic or a poor
22 African-American. The system is racist.
23 And because we have that philosophy,
24 we don't look at individual instances where that
25 philosophy doesn't apply. And I don't think it
2322
1 should have applied in some of the things that
2 I've heard in Senator Tedisco's bill.
3 When I first came here, there were
4 like 72,000 prisoners in jail. We're down now to
5 about 52,000. We've made progress together.
6 Raise the Age. We came together on issues that
7 we could agree on for people of different color.
8 And I would just say to you that
9 when we always embrace one philosophy or the
10 other, it doesn't work. But we have made
11 progress together in reducing the prison
12 population, giving people another chance,
13 concentrating on rehabilitation rather than
14 sticking people in a cell.
15 So I would just ask you to keep an
16 open mind and analyze every particular situation,
17 rather than just saying off the top of our head
18 the system is racist, it doesn't work, ba-ba,
19 it's imperfect, and we always vote a certain way.
20 That doesn't serve either side.
21 I vote yes, though, on this bill.
22 Thank you, Mr. President.
23 ACTING PRESIDENT GRIFFO: Senator
24 Bonacic to be recorded in the affirmative.
25 Senator Funke to explain his vote.
2323
1 SENATOR FUNKE: Mr. President,
2 thank you.
3 I want to thank Senator Tedisco for
4 this legislation.
5 I want to relate three specific
6 instances that have happened in my community in
7 Rochester over the past several years.
8 Korane Womack was released on parole
9 after a first-degree robbery conviction, and
10 within days sexually attacked two women.
11 Another incident occurred in 2016.
12 The body of Ashley Arroyo-Bautista was found in a
13 home, and the man charged with killing her was
14 out on parole for an attempted robbery conviction
15 at the time of that crime.
16 And last March, Charlotte Lahr died
17 after being beaten and stabbed during a robbery
18 attempt at the liquor store she owned. In that
19 most recent case, the parolee under arrest had a
20 criminal record dating back to 1977 that included
21 two violent armed robberies, each involving the
22 use of a knife and in violating parole twice.
23 We simply cannot sit back and do
24 nothing. Not only do some want to do nothing,
25 but many, it seem, want to make things easier for
2324
1 these folks. They reason that people have served
2 their time and we need to welcome offenders back
3 into society.
4 But we can't bring back Charlotte.
5 And we can't bring back Ashley, can we? Who is
6 going to speak for the victims if not for us?
7 I vote aye, Mr. President. Thank
8 you.
9 ACTING PRESIDENT GRIFFO: Senator
10 Funke to be recorded in the affirmative.
11 Senator Lanza to explain his vote.
12 SENATOR LANZA: Thank you,
13 Mr. President.
14 I'm going to vote in favor of this
15 legislation. I have to say I do so with a heavy
16 heart, because I listened to my colleagues across
17 the aisle. And I consider it a tragedy anytime
18 one of our brothers or sisters, one of God's
19 children, has their liberty taken away and is in
20 jail. I long for the day that no one should have
21 to live that plight.
22 Senator Rivera said the system is
23 not perfect. Nothing or no one is perfect, I
24 understand that. I don't have a perfect answer,
25 but I do know this. There are people being
2325
1 killed in our community. People are being raped,
2 people are being harmed, people are victims of
3 domestic violence. And when someone continues to
4 commit those crimes, I don't know -- and I'm
5 going to admit to this body, to my colleagues, I
6 don't know what better answer there is.
7 One day we may have that answer, but
8 right now I'm not sure what else we can do but to
9 say: We've got to keep you away from the next
10 victim. We've got to make sure that next victim
11 does not become a victim.
12 A couple of bills ago -- the system
13 is not perfect. I didn't speak. I watched some
14 of my colleagues vote no on my legislation,
15 Senate 819. A few years ago a bright light, a
16 person of color in my community, who lived at the
17 Berry Homes, 20 years old, Cesar Sanchez was
18 gunned down. He was gunned down by someone who
19 had killed someone at that very spot, another
20 young person, six years before, who was paroled.
21 He pled down to manslaughter.
22 Cesar Sanchez was the light of our
23 community. He ran a basketball program. He
24 helped people of color and young people of every
25 persuasion and color to get out of that
2326
1 situation. He was loved by all.
2 He had absconded. Parole knew that
3 he had absconded. And the law enforcement was
4 not notified. They could have picked him up.
5 They could have found out that by virtue of the
6 fact that he absconded, that he was in a bad
7 place and a bad way.
8 And if my bill that some of you
9 voted against was the law, they would have picked
10 him up, the perpetrator. They may have helped
11 him. But more importantly, Cesar Sanchez would
12 be alive.
13 So I get it, nothing is perfect.
14 But we've got to figure out policies, my friends
15 and my colleagues, that protect innocent people.
16 And I think this bill imperfectly does that. But
17 in the absence of another answer, I don't know
18 what we ought to do except vote in the
19 affirmative on this legislation.
20 Thank you, Mr. President.
21 ACTING PRESIDENT GRIFFO: Senator
22 Lanza in the affirmative.
23 Senator Parker to explain his vote.
24 SENATOR PARKER: Thank you,
25 Mr. President. To explain my vote.
2327
1 You want answers? No -- anyway --
2 (Laughter.)
3 SENATOR PARKER: I want to just
4 thank my colleagues for bringing up this very
5 important debate.
6 I think that all of us in fact agree
7 that there is way too much crime in our
8 communities, way too much crime across the state,
9 and really a lot of victims who are not -- and a
10 lot of families who are being impacted. And I
11 think that districts like mine I think are
12 impacted way more than we should be.
13 But I also think there are a lot of
14 answers that we're not taking up, and I think
15 that's where some of the frustration comes from
16 myself and some of my colleagues. We know that
17 if we want to reduce gangs, that we need to
18 increase after-school programs, school-based
19 activities, add music, art, athletics and dance
20 as regular parts of the curriculum, engage our
21 young people in a way that we have not done that.
22 We have not had that conversation on
23 this floor. We have not brought bills to our
24 Legislature that in fact address those issues,
25 that provide more funding for those kind of
2328
1 programs.
2 We also understand that we need to
3 be more preventative and more treatment around
4 drug addiction and -- you know, whether it's
5 opiates or other kinds of drug addiction. And
6 again, we have not had enough conversation on
7 those kind of issues.
8 We also know that if you want to
9 stop people from committing crimes, most of which
10 are based in economics, that we have to create
11 full-time jobs at a living wage with benefits.
12 We don't believe, and I certainly don't believe,
13 that, you know, the prison-industrial complex is
14 the way to create economic development. We need
15 to have more conversations about real small and
16 microbusiness development, about how do we
17 increase both opportunities and funding, you
18 know, for small businesses, for microbusinesses
19 across the state.
20 Because at the end of the day, we
21 know that large corporations are not where the
22 real jobs are created. The real jobs are created
23 on Main Street, with all due respect, not on
24 Wall Street.
25 And so I am committed to that and
2329
1 certainly am reaching my hand across to my
2 colleagues to say let's have those conversations,
3 let's bring forth some economic opportunities.
4 We are clear, though, that the old
5 Rockefeller Drug Laws did not work. We are very
6 clear that mandatory minimums do not work in
7 terms of reducing crime. And we're very clear
8 that having just kind of arbitrary and capricious
9 laws that take away judicial discretion do not
10 make our streets safer, our communities safer, or
11 things better for us.
12 And so I'm looking forward to our
13 continuing work together as we look to make the
14 state safer and make our communities the places
15 that we want to raise our families.
16 Thank you, Mr. President.
17 ACTING PRESIDENT GRIFFO: Senator
18 Parker to be recorded in the negative.
19 Senator Benjamin.
20 SENATOR BENJAMIN: Mr. President, I
21 am voting aye on this bill, but because I try to
22 be consistent in my views and philosophies. I
23 believe that violent crimes are terrible things,
24 and we have to look at those very differently
25 than how we look at nonviolent crimes. That's my
2330
1 opinion.
2 However, I'm a little baffled
3 because just a few weeks ago, we had a bill on
4 the floor that basically said that if you were
5 convicted of domestic violence, if you are a
6 domestic abuser, that you should not be allowed
7 to carry firearms. I think that's a very fair
8 and reasonable bill, yet I saw a number of hands
9 shoot up on the other side in opposition to that.
10 Then we come back today, and now all
11 of a sudden there's a different view. I don't
12 think that's consistent. And I'm not sure why
13 that's the opinion. But if you believe that
14 violent offenders should have life imprisonment
15 without parole, then you should also believe that
16 those who are convicted domestic abusers should
17 not carry firearms so that they can end up
18 becoming those who end up having to need life
19 imprisonment without parole.
20 It doesn't make any sense to me.
21 But I am voting aye. I just want to say that.
22 But I think while we're talking about it let's
23 all have an open mind, I think there should be an
24 open mind on the other side about some of the
25 inconsistencies in your philosophy.
2331
1 Thank you.
2 ACTING PRESIDENT GRIFFO: Senator
3 Benjamin in the affirmative.
4 Announce the results.
5 THE SECRETARY: In relation to
6 Calendar 870, those recorded in the negative are
7 Senators Alcantara, Bailey, Breslin, Comrie,
8 Dilan, Gianaris, Hamilton, Kavanagh, Kennedy,
9 Krueger, Montgomery, Parker, Peralta, Rivera,
10 Sanders, Sepúlveda, Serrano and Stavisky. Also
11 Senator Stewart-Cousins.
12 Ayes, 44. Nays, 19.
13 ACTING PRESIDENT GRIFFO: The bill
14 passes.
15 THE SECRETARY: Calendar Number
16 871, by Senator LaValle, Senate Print 4821, an
17 act to amend the Executive Law.
18 SENATOR KLEIN: Lay the bill aside.
19 ACTING PRESIDENT GRIFFO: Lay it
20 aside.
21 THE SECRETARY: Calendar Number
22 872, by Senator Golden, Senate Print 5399A, an
23 act to amend the Penal Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
2332
1 THE SECRETARY: Section 3. This
2 act shall take effect on the 30th day.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT GRIFFO: Announce
7 the results.
8 THE SECRETARY: In relation to
9 Calendar 872, those recorded in the negative are
10 Senators Gianaris, Hoylman, Kavanagh, Krueger,
11 Montgomery, Parker and Sepúlveda.
12 Ayes, 56. Nays, 7.
13 ACTING PRESIDENT GRIFFO: The bill
14 passes.
15 THE SECRETARY: Calendar Number
16 875, by Senator Lanza, Senate Print 6200A, an act
17 to amend the Criminal Procedure Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the first of November.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 63.
2333
1 ACTING PRESIDENT GRIFFO: The bill
2 passes.
3 THE SECRETARY: Calendar Number
4 876, by Senator Robach, Senate Print 6348, an act
5 to amend the State Finance Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 63.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 878, by Senator Little, Senate Print 7370, an act
18 to amend the Penal Law.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 10. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
2334
1 ACTING PRESIDENT GRIFFO: Senator
2 Little to explain her vote.
3 SENATOR LITTLE: Thank you,
4 Mr. President.
5 And thank you to my colleagues who
6 are supporting this piece of legislation.
7 My favorite city in this entire
8 state is Glens Falls, New York, where I was born
9 and raised. And at one time Life magazine named
10 Glens Falls, New York, Hometown USA.
11 But on August 11th of 2017, a
12 21-year-old man entered the home of a young
13 woman, 33 years old, Crystal Riley and her
14 4-year-old daughter Lilly Frasier, and killed
15 them with a knife. With a kitchen knife, he slit
16 their throats and strangled them. Horrible
17 tragedy in the city, took away both of these
18 people's lives.
19 So I have a bill, and it is in
20 regard to this horrible incident, to say that
21 first-degree murder would carry a penalty of life
22 without parole.
23 First-degree murder is not
24 something, in my mind, that warrants leniency.
25 It is intentional and brutal and deserves no less
2335
1 than the severest penalty.
2 And certainly for this 21-year-old
3 man, this would have been the severest penalty.
4 He could have gotten 20 to 25 years. He actually
5 pled guilty and got 44 years to life. But he
6 could be out when he is 65 years old. Yes, life
7 without parole is a severe penalty. But think
8 about the severity of the penalty he gave
9 33-year-old Crystal Riley and 4-year-old Lilly
10 Frasier.
11 I vote aye.
12 ACTING PRESIDENT GRIFFO: Senator
13 Little to be recorded in the affirmative.
14 Announce the results.
15 THE SECRETARY: In relation to
16 Calendar 878, those recorded in the negative are
17 Senators Alcantara, Bailey, Benjamin, Comrie,
18 Dilan, Gianaris, Hamilton, Hoylman, Kavanagh,
19 Krueger, Montgomery, Parker, Peralta, Rivera,
20 Sanders, Sepúlveda and Stewart-Cousins. Also
21 Senator Serrano.
22 Ayes, 45. Nays, 18.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
2336
1 879, by Senator Ritchie, Senate Print 7531B, an
2 act to amend the Executive Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect on the 90th day.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 62. Nays, 1.
11 Senator Montgomery recorded in the negative.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 880, by Senator Murphy, Senate Print 7976, an act
16 to amend the Penal Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 5. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT GRIFFO: Senator
25 Murphy to explain his vote.
2337
1 SENATOR MURPHY: Thank you,
2 Mr. President.
3 I don't know how anybody could vote
4 against this common-sense piece of legislation
5 that is protecting our first responders.
6 I can summarize my remarks with two
7 words: Herman Bell. Here's a guy who set up two
8 of our NYPD police officers, called in a fake
9 emergency, a 911, had two of our NYPD cops come
10 up and shot them, one 22 times. A disgrace.
11 What this bill does is to protect
12 our firefighters that are running into the
13 building while it's burning, that we call to come
14 and protect us -- our police officers that are
15 taking bullets on the streets to make sure that
16 we are all protected -- for our EMTs, to make
17 sure when they show up, when you're in a car
18 accident or you've been hurt, that they can get
19 you in the ambulance and get you to the hospital
20 safe.
21 That's what this bill does. This
22 bill protects everybody. But most importantly,
23 it protects the people that come running to our
24 rescue. First-degree murder with intent. That's
25 not too hard to ask. Our police, our first
2338
1 responders are out there, they're under attack.
2 It's our obligation to protect these people that
3 protect us.
4 Mr. President, as far as I'm
5 concerned, you murder a hero, you go to jail for
6 life. No parole, no questions asked.
7 Thank you, Mr. President.
8 ACTING PRESIDENT GRIFFO: Senator
9 Murphy to be recorded in the affirmative.
10 Announce the results.
11 THE SECRETARY: In relation to
12 Calendar 880, those recorded in the negative are
13 Senators Bailey, Comrie, Gianaris, Hoylman,
14 Krueger, Montgomery, Parker, Rivera, Sanders,
15 Sepúlveda. Also Senator Kavanagh. Also
16 Senator Serrano.
17 Ayes, 51. Nays, 12.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 Senator DeFrancisco, that concludes
21 the noncontroversial reading of the active-list
22 calendar.
23 SENATOR DeFRANCISCO: Yes. I
24 understand that Calendar 871 was laid aside.
25 Would you lay that aside for the day.
2339
1 ACTING PRESIDENT GRIFFO: Calendar
2 Number 871, Bill 4821, is being laid aside for
3 the day.
4 So accordingly, that now concludes
5 the noncontroversial reading of the entire active
6 list.
7 SENATOR DeFRANCISCO: I'll now call
8 an immediate meeting of the Rules Committee in
9 Room 332.
10 From that Rules Committee list, one
11 bill will be brought to the floor for a vote.
12 ACTING PRESIDENT GRIFFO: There is
13 an immediate meeting of the Rules Committee in
14 Room 332, an immediate meeting of the Rules
15 Committee in Room 332.
16 The Senate will stand temporarily at
17 ease.
18 (Whereupon, the Senate stood at ease
19 at 4:38 p.m.)
20 (Whereupon, the Senate reconvened at
21 4:56 p.m.)
22 ACTING PRESIDENT GRIFFO: The
23 Senate will return to order.
24 Senator DeFrancisco.
25 SENATOR DeFRANCISCO: Can we return
2340
1 to motions and resolutions.
2 ACTING PRESIDENT GRIFFO: We will
3 return to motions and resolutions.
4 SENATOR DeFRANCISCO: It's my
5 understanding that there's a Rules Committee
6 report at the desk.
7 ACTING PRESIDENT GRIFFO: There is
8 a Rules Committee report at the desk, and the
9 Secretary will read.
10 THE SECRETARY: Senator Flanagan,
11 from the Committee on Rules, reports the
12 following bills:
13 Senate Print 1116A, by Senator
14 Akshar, an act to amend the Real Property Tax
15 Law;
16 Senate 1126A, by Senator Akshar, an
17 act to amend the Executive Law;
18 Senate 1469A, by Senator Ritchie, an
19 act to amend the Education Law;
20 Senate 2120A, by Senator O'Mara, an
21 act to amend the Tax Law;
22 Senate 2124B, by Senator Jacobs, an
23 act to amend the Education Law;
24 Senate 2133, by Senator Gallivan, an
25 act to amend the State Administrative Procedure
2341
1 Act;
2 Senate 2232A, by Senator LaValle, an
3 act to amend the Education Law;
4 Senate 2779, by Senator Kennedy, an
5 act to amend the Highway Law;
6 Senate 2999A, by Senator LaValle, an
7 act to amend the Economic Development Law;
8 Senate 3042, by Senator Gianaris, an
9 act to amend the New York City Civil Court Act;
10 Senate 3059A, by Senator Addabbo, an
11 act to amend the Tax Law;
12 Senate 3270A, by Senator Parker, an
13 act to amend the Economic Development Law;
14 Senate 3392A, by Senator Gallivan,
15 an act to amend the Economic Development Law;
16 Senate 3739, by Senator Montgomery,
17 an act to amend the Education Law;
18 Senate 4120A, by Senator Akshar, an
19 act to amend the Executive Law;
20 Senate 4590A, by Senator Jacobs, an
21 act to amend the State Administrative Procedure
22 Act;
23 Senate 5828, by Senator Jacobs, an
24 act to amend the Legislative Law;
25 Senate 6389, by Senator Marchione,
2342
1 an act to amend the State Administrative
2 Procedure Act;
3 Senate 6793A, by Senator Golden, an
4 act to amend the Tax Law;
5 Senate 7031, by Senator Kavanagh, an
6 act to amend the Vehicle and Traffic Law;
7 Senate 7384, by Senator Little, an
8 act to amend the Tax Law; and
9 Senate 8228, by Senator Golden, an
10 act to amend the Penal Law.
11 All bills reported direct to third
12 reading.
13 ACTING PRESIDENT GRIFFO: Senator
14 DeFrancisco.
15 SENATOR DeFRANCISCO: Yes, I move
16 to accept the report of the Rules Committee.
17 ACTING PRESIDENT GRIFFO: All in
18 favor of accepting the Committee on Rules report
19 say aye.
20 (Response of "Aye.")
21 ACTING PRESIDENT GRIFFO: Opposed?
22 (No response.)
23 ACTING PRESIDENT GRIFFO: The
24 Rules Committee report is accepted and is before
25 the house.
2343
1 Senator DeFrancisco.
2 SENATOR DeFRANCISCO: Yes, there's
3 a supplemental calendar at the desk, 37A. And I
4 would request that you take up Calendar 932,
5 Senate Print 8228.
6 ACTING PRESIDENT GRIFFO: We're
7 referring now to Supplemental Calendar 37A on the
8 desks. And it will be Calendar 932, which the
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 932, by Senator Golden, Senate Print 8228, an act
12 to amend the Penal Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT GRIFFO: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar 932, those recorded in the negative are
24 Senators Alcantara, Bailey, Benjamin, Comrie,
25 Gianaris, Hoylman, Kavanagh, Krueger, Montgomery,
2344
1 Parker, Rivera, Sanders, Serrano and Sepúlveda.
2 Ayes, 49. Nays, 14.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 Senator DeFrancisco, that completes
6 the identified calendar number before the house.
7 SENATOR DeFRANCISCO:
8 Mr. President, there will be a Codes Committee
9 meeting immediately following session in Capitol
10 Room 124. I'm sure it will be a brief one.
11 ACTING PRESIDENT GRIFFO: There is
12 a brief Codes Committee meeting in Room 124 of
13 the Capitol following session.
14 SENATOR DeFRANCISCO: Also
15 immediately following session is an Environmental
16 Conservation meeting in Room 308.
17 ACTING PRESIDENT GRIFFO: In Room
18 308 of the Capitol, a meeting of the
19 Environmental Conservation Committee immediately
20 following session.
21 SENATOR DeFRANCISCO: Is there any
22 further business at the desk?
23 ACTING PRESIDENT GRIFFO: There is
24 no further business at the desk.
25 SENATOR DeFRANCISCO: In that case,
2345
1 I move to adjourn until Wednesday, May 2nd, at
2 11:00 a.m.
3 ACTING PRESIDENT GRIFFO: On
4 motion, the Senate will stand adjourned until
5 Wednesday, May 2nd, at 11:00 a.m.
6 The Senate is adjourned.
7 (Whereupon, at 5:02 p.m., the Senate
8 adjourned.)
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