SENATE INTRODUCES LEGISLATION TO PROTECT CHILDREN FROM CRIMINALS

Tuesday, January 24, 2006

In a continuing effort to protect New Yorkers, especially innocent children, from becoming victims of violent child abusers and sex offenders, Senate Republicans today announced the introduction of "Nixzmary�s Law," legislation that requires a sentence of life without parole for parents or guardians who kill a child. In addition, the Senate today passed 26 bills that will update and strengthen Megan�s Law, including tougher criminal penalties, mandated community notification and GPS tracking of violent sexual predators.

The new legislation is sponsored by Senator Raymond Meier (R-C, Western) and Senator Serphin Maltese (R-C-I, Queens), along with Senator Nicholas Spano (R-C-I-WF, Westchester), Senator Martin Golden (R-C-I, Brooklyn), Senator Frank Padavan (R-C, Bellerose), Senator John Marchi (R, Staten Island) and the rest of the Senate Majority Conference.

The bill is named after Nixzmary Brown, a seven year old Brooklyn girl who was brutally beaten and left for dead earlier this month. Her mother and stepfather have been charged with her murder.

The Senate today passed a comprehensive package of legislation to strengthen and improve Megan�s Law and crack down on dangerous sex offenders who pose a threat to our children and our communities, including the "Eleventh Anniversary, Twenty-First Century Omnibus Sex Offender Registration Reform Act" (S.4793-C), sponsored by Senator Dean Skelos (R, Rockville Center), the original author of Megan�s Law eleven years ago, which would strengthen Megan�s Law in 25 ways, including increased penalties, mandated community notification and GPS monitoring of the most dangerous offenders.

NIXZMARY�S LAW
The Senate "Nixzmary�s Law" legislation would create the crime of aggravated murder of a child. The crime would mandate a sentence of life without parole for the parent, guardian or other person in a position of trust, who abuses and tortures a child under the age of 14, causing the death of the child or intentionally causes the death of a child.

"Everyone in the State was shocked and horrified by the brutal, tragic death of Nixzmary Brown," Senate Majority Leader Joseph L. Bruno said. "The bill we will act on would close a loophole that allows violent child abusers to escape life without parole when they cause the death of a child. In Nixzmary�s case, the murderers could be eligible for parole after serving only 15 years in prison. This bill recognizes that the crimes committed against Nixzmary were so atrocious and depraved that the killers should never be allowed out of prison."

"The murder of Nixzmary Brown cries out for a response that reflects the outrage and concern of every decent New Yorker. This bill is that response. It clearly says that people who commit the most horrific crime imaginable, murdering a child whose care is entrusted to them, deserve to be imprisoned for the rest of their lives," Senator Raymond A. Meier (R-C, Western), co-sponsor of the legislation, said.

"As a former Prosecutor and Deputy Chief of the Queens County Homicide Bureau, I know firsthand the horrific nature of these crimes," Senator Maltese, co-sponsor of the legislation, said. "The depraved indifference and cruelty that some parents and guardians have for the welfare of these innocent children is appalling. We must not let them off lightly. We are very pleased that Assemblywoman Nettie Mayersohn (D-Queens) a long time sponsor of this type of remedial legislation protecting children has agreed to sponsor in the Assembly this critically needed measure."

Brooklyn District Attorney Charles Hynes called for these changes because the existing law did not mandate a life without parole sentence against the alleged killers of Nixzmary Brown because no felony sex crime was involved. As a result, the killers could be released from prison after 15 years.

District Attorney Hynes said: "I commend the Senate Majority for taking such a strong stand against those offenders � parents, guardian, and other persons entrusted with the care and welfare of a child � who, betraying that trust, murder these vulnerable victims. Offenders who cruelly inflict pain, abuse, and ultimately death on those children whom they were supposed to protect are not fit to ever re-enter society. These child-killers deserve life imprisonment without the possibility of parole, and this important legislation addresses this issue."

Existing law mandates the sentence of life without parole for the death of a child less than 14 years of age only in those cases when a person 18 years of age or more commits the crime while committing a felony sex crime against the child. In all other cases, a person who tortures and abuses a child, causing the child�s death, or intentionally causes the death of a child, can be paroled after serving a minimum term, no matter how horrific the crime.

"The fact that the betrayal of the trust of a child could happen at the hands of someone entrusted with the care and well-being of that child is reason enough for very serious concern," Senator Spano said. "However, the tragedy involving the death of little Nixzmary Brown is so horrific that it became necessary for the Senate to close any loophole in our criminal justice system that might provide an opportunity for the perpetrators to ever get out of prison and, perhaps, harm another child. As one of the sponsors of this legislation, it is heartbreaking to think that such a law is necessary --- but unfortunately it is. I am gratified that we were able to act swiftly to pass this legislation creating the crime of aggravated murder of a child with a mandated life sentence without parole."

"The tragic death of Nixzmary Brown highlights the need to insure that for the animals who commit these most heinous crimes, against our children, face nothing less than life without parole," Senator Golden said. "There is no place in society for individuals who have no value for human life, and so, we must act and make law this legislation that will serve as both a deterrent and as fair punishment."

"Murder is abhorrent," Senator Padavan said. "Taking a life shows a lack of respect for life. Taking a child's life is even more abhorrent. However, even more reprehensible is when the innocence of a child is snuffed away by someone they trust, such as a parent or guardian, who abuses and tortures that child to death. To think a murderer could be so vile as to prey on the innocence of a child and still be allowed parole is unthinkable. It is imperative we send a clear and unmistakable message to these miscreants, the scourges of our society, that their actions won't be tolerated. I urge the Assembly to quickly pass Nixzmary's Law and join in protecting our most precious investment - our children."

"The outrage perpetrated on this beautiful little girl hopefully will produce protection for other children throughout New York who, unfortunately, may be living in similar circumstances, Senator Marchi said. "I�m proud to be part of the Senate effort to expand protections for children like Nixzmary."

STRENGTHENING MEGAN�S LAW
The New York State Senate today passed a comprehensive package of legislation to strengthen and improve Megan�s Law and crack down on dangerous sex offenders who pose a threat to our children and our communities by requiring mandatory community notification when a sex offender moves into a community, requiring GPS monitoring of the most dangerous offenders, and increasing penalties for sex offenders.

"The new law authorizing lifetime registration of sex offenders was an excellent first step, but there is so much more we must do to strengthen our laws to protect people, especially innocent children, from violent sexual predators," Senate Majority Leader Joseph L. Bruno said. "These bills will keep our neighborhoods better informed about the presence of sex offenders, will increase penalties for sexual predators who pose a threat to our neighborhoods, and will put in place common sense measures to restrict sex offenders� access to places where children are especially vulnerable -- at school, at day care, and at the neighborhood playgrounds. I urge the Assembly to join us in passing these critically important pieces of legislation so we can continue to ensure the safety of our children and our communities."

The Senate passed the "Eleventh Anniversary, Twenty-First Century Omnibus Sex Offender Registration Reform Act" (S.4793-C), sponsored by Senator Dean Skelos (R, Rockville Center), the original author of Megan�s Law eleven years ago, which would strengthen Megan�s Law in 25 ways.

"Last week, the Senate and Assembly successfully partnered together to extend the Sex Offender Registry�s registration requirements and prevent thousands of dangerous predators from escaping Megan�s Law," said Senator Skelos. "Now, we must update and strengthen Megan�s Law by requiring community notification and utilizing modern technology, like GPS tracking, email and the internet, to ensure that concerned parents have the information needed to protect their families. I�m hopeful that we can again use the conference committee process to resolve these issues and make New York State an even safer place to live."

The "Eleventh Anniversary Omnibus Sex Offender Registration Reform Act" would require:

Mandatory Community Notification: Under current law, it is left up to the discretion of the police whether they notify community members about the presence of a sex offender.

Website and Electronic Communication: This legislation expands the Division of Criminal Justice Services� website to include information about all sex offenders, not only the Level Three offenders under current law. In addition, visitors to the website would be able to register for e-mail notification regarding sex offenders living in, or relocating to, their zip code.

Global Positioning System (GPS) Tracking: This legislation would require all Level Three offenders to wear a GPS monitoring device for the duration of registration. The Act includes numerous provisions relating to the type of GPS system the offender must wear, the offender�s required contribution to its cost, penalties for the removal or disabling of the tracking device, and judicial authority to modify the tracking equipment.

In addition, the "Eleventh Anniversary Omnibus Sex Offender Registration Reform Act" does the following:

> adds three crimes to the list of registerable offenses:

> sexual assault against a child by a person in a position of trust in the first degree;

> sexual assault against a child by a person of trust in the second degree; and

> endangering the welfare of a child where sexual activity is involved.

> adds sexual assault against a child by a person in a position of trust in the first degree to the list of sexually violent offenses;

> verification forms will be mailed to sex offenders twice a year on a random basis, rather than once a year on the anniversary date;

> even if an offender has not moved, they will be in violation if they do not send back their signed verification card;

> changes the determination hearing process in the following ways:

> the notice to the sex offender will tell them the hearing will determine how much information the community will receive;

> requires sex offenders to appear at the hearing which will determine their level of notification and whether they are designated as a sexual predator, sexually violent offender, or predicate sex offender;

> if an offender fails to appear at their registration hearing, the hearing will be conducted in their absence;

> a sex offender who has been convicted outside of New York will be given notice of the hearing that will determine how long they must register and how much information will be given to the public; and

> if an out of state offender fails to appear, the court will still make a determination.

> amends the correction law in relation to what constitutes failure to register on the part of the sex offender, and the penalties for failing to register;

> changes the conditions of probation or parole that prohibit a sex offender from going on school grounds to eliminate the necessity that the victim be less than 18 at the time of the offense;

> creates the new crime of unlawfully residing or entering upon school grounds in the second degree. No sex offender may go on school grounds;

> increases the statute of limitations for a sex offense against a child under the age of 17 to 15 years, from 5 years, after the child reaches the age of 18; and

> requires that when an individual is charged with a sex offense, incest, or sexual performance, any plea agreement must include a guilty plea to one of these crimes.

In addition to the "Eleventh Anniversary Omnibus Sex Offender Registration Reform Act", the Senate passed several bills today, sponsored by Senator Skelos, that would:

> increase the criminal penalties for sexual offenses against a minor when those offenses are committed by a person in a position of trust, such as a teacher, day-care provider, or a coach (S.480-A);

> require that a person charged with a sexual offense would only be allowed to plea bargain where the agreed upon plea included a sex offense (S.498);

> extend the statute of limitations to prosecute sex crimes against children from five years to 15 years, after the victim has reached age 18 (S.1170);

> prohibit persons who are required to register as sex offenders from residing or entering upon school grounds (S.2452);

> increase the penalty for failure to report the sexual assault of a child (S.2724);

> instill a penalty for offenders who fail to annually return a signed verification form, regardless of whether or not the offender has moved (S.481);

> increase the penalty for failing to register under the Sex Offender Registry Act from a class A misdemeanor to a class D felony (S.483-A);

> require information about all levels of sex offenders to be posted on the Internet, and provide for registration to receive an automatic e-mail notification when a sex offender moves into a resident�s zip code (S.496-B); and

> make failure to report to the determination hearing a violation of the Act, require the court to hold the hearing in the offender�s absence if the offender fails to appear, and require a sex offender to sign and return an annual verification form, regardless of whether the offender has moved (S.1169-A).

Senator Michael Nozzolio (R-C, Fayette), Chairman of the Senate Committee on Crime Victims, Crime, and Corrections, sponsored two bills passed by the Senate today that would require mandatory notification by law enforcement officials when a registered sex offender moves into a community (S.1323-B), and would impose criminal liability on any Department of Correctional Services employee who engages in sexual conduct with an inmate (S4032).

Under current law, law enforcement agencies may use their discretion about whether to notify vulnerable populations, such as schools, of a sex offenders presence in a neighborhood. This bill would mandate notification of information regarding all levels of sex offenders.

"Enactment of this legislation is critical to helping ensure that children are kept out of harms way and is another step in working to safeguard New York�s neighborhoods," said Senator Nozzolio. "I look forward to continuing to work with community leaders in our efforts to keep our children secure from sexual offenders."

The New York State Senate passed legislation, sponsored by Senator Dale Volker, Chair of the Codes Committee that would: increase the penalty for gang sexual assault from a misdemeanor to a class E felony (S.3230); and increase the period of probation for a class B misdemeanor sexual assault from one year to three years (S1531).

"The Senate Majority continues to focus on stopping sexual assaults against our children and loved ones," said Senator Volker. "From expanding Megan's Law to instituting a Civil Commitment provision, our package of sexual assault bills will provide our law enforcement community with the legal tools to put those who perpetrate these heinous crimes against our children behind bars where they belong. The time is now for the State Assembly to join us in passing this �get tough� criminal justice package, so we can stop the physical and psychological scarring that children must endure for the rest of their lives."

The Senate also passed two bills today, sponsored by Senator Michael Balboni (R-C, East Williston) that would: increase penalties for those who disseminate or exhibit pornographic images to a child (S.3509); and increase the penalties for using a child in a sexual performance and promoting an obscene sexual performance by a child and impose consecutive sentences on child pornographers (S.932).

"The increased popularity of the Internet over the past decade has made child pornography disturbingly accessible," said Senator Balboni. "This legislation is designed to punish those twisted individuals who profit from exploiting children, as well as those who purchase and possess this heinous material."

In addition, the Senate passed legislation (S.913-A) today, sponsored by Senator Kenneth LaValle (R-C-I, Port Jefferson) that would prohibit a sex offender from knowingly entering within 1000 feet of a public or private school, child care center, or places where children congregate, such as a playground.

"Children are the most innocent and vulnerable members of our society," said Senator LaValle. "Megan's Law has helped protect our communities, keep our children safe, and keep dangerous criminals off our streets. The measures passed in the Senate will serve to strengthen this law and offer greater protections from dangerous sex offenders."

Senator Mary Lou Rath (R-C, Williamsville) sponsored legislation (S.1517) passed today in the Senate that would increase the penalty for trying to lure or entice a child into a secluded area from a class A misdemeanor to a class D felony. This bill would also specifically address the harassment of a child via computer.

"It is imperative that we as a legislative body do everything in our power to ensure that our children are protected from those who may inflict physical and emotional harm on them," said Senator Rath. "The bills we are passing today are indicative of the Senate�s continuing efforts to keep our children safe, and I look forward to these measures soon becoming law."

A bill passed today (S.1619), sponsored by Senator Joseph E. Robach (R, Rochester), would require sex offenders who are found guilty of another offense during their probation to serve consecutive sentences rather than concurrent sentences.

Presently there is a loophole in the law that allows any additional sentencing for new offenses occurring during a probationary period to be served concurrently with the original terms of the offender�s sentence. Therefore, a violation of that probationary period would go unpunished, saving the offender from the maximum allowable penalty. This legislation would change the penal code to provide only consecutive sentencing for convicted sex offenders who re-violate while on probation.

"Sexual crimes against children are among the worst crimes committed in our community," said Senator Robach. "For this reason, we must ensure that sex offenders are put behind bars for the entire time they deserve. This legislation will reduce the high rates of recidivism, as well as protect the safety and well-being of our residents."

The New York State Senate today passed legislation (S.4656-B), sponsored by Senator John Bonacic (R-C-I, Mount Hope), that would require individuals registered under Megan�s Law as level three sex offenders to be monitored by Global Positioning System (GPS).

Current law authorizes electronic monitoring for sex offenders on probation or parole, but it does not require it for all level three offenders. Under this legislation, all level three offenders would be required to wear a GPS tracking device for the duration of their registry. Law enforcement officials would be notified when an offender enters an area where they are not permitted, such as a school, or tries to tamper with the device.

"Current law is inadequate for keeping our children and families safe from sexual predators," stated Senator Bonacic. "As such, my colleagues and I in the Senate are working to protect our children and families from dangerous sexual predators. We need tougher laws and we need to use the best technology available to prevent sexual offenders from repeating these heinous crimes and holding them accountable. I am pleased that the Senate Majority supports this important legislation requiring the GPS monitoring of high risk sex offenders. It doesn't make sense to use electronic monitoring for Martha Stewart and not for the most dangerous sexual predators who roam free to prey on our children and families."

Senator James Alesi (R-C Perinton) sponsored legislation passed by the Senate today that would restrict level three sex offenders from residing within one-quarter mile of any school of licensed day care facility (S.4025-A).

"It is the responsibility of the state to protect our most vulnerable citizens," said Senator Alesi. "This legislation is designed to close loopholes to protect our young people by distancing sex offenders from schools and giving communities the information that they need to protect their children."

The Senate today passed a bill (S.204-A), sponsored by Senator George D. Maziarz (R-C, Newfane), that would prohibit sex offenders from being employed in any position that requires substantial contact with children.

Current law does not prohibit sex offenders from working with children, but common sense dictates that convicted sex offenders should not be allowed to work in a position that requires contact with children due to the very real threat of a repeat offense.

"Too many sex offenders try to weasel their way into jobs that allow them to have access to children," Senator Maziarz said. "To better protect our children from predatory behavior, we must we do all we can to keep as much distance as possible between sex offenders and potential victims. Restricting the employment of known sex offenders, in order to prevent them from victimizing defenseless children, is a common sense step that complements the Senate Majority�s efforts to enact civil commitment legislation."

Legislation (S.5355-A) passed today by the Senate, sponsored by Senator Nick Spano, would increase penalties for sex offenses and ensure that persons convicted of sex offenses involving child victims are sentenced to prison and required to register for their lifetime.

Under current law, many sex offenses involving child victims are not designated as violent felony offenses and many of these offenses are parole eligible.

"It is almost unimaginable that there would be a need for the Senate to pass more than two dozen bills dealing with one subject -- sex offenders. However, finding ourselves in that position today, I am gratified that we are taking this swift and decisive action to protect our children, the most vulnerable and precious residents of New York State," said Senator Spano. "By updating Megan�s Law and toughening penalties, across the board on sex offenders, the Senate is making a bold and sweeping statement -- we are prepared to do whatever it takes to protect our children."

The package of legislation passed today by the Senate also includes a bill (S.3841), sponsored by Senator John Flanagan (R-C, Northport), that would provide that a person is guilty of the crimes of aggravated sexual abuse in the first, second or third degree when the victim is less than 13 years of age and the offender is 18 years of age or older.

"As a father of three school-age children I am especially committed to protecting our families and strengthening laws to protect our innocent children," said Senator Flanagan. "This legislation enhances our ability to protect children who are victims of sex crimes. Sexual violence has no place in our society and our laws must be expanded and strengthened to properly deal with sexual predators and put them behind bars where they belong."

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