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Bills Mark National Crime Victims Week
Tuesday, April 20, 2004
Senator Bruno announced today that the New York State Senate passed a package of legislation to commemorate National Crime Victims Week, April 18-24th that would protect children against violent crimes, protect crime victims and good samaritan witnesses from being sued by criminals, permit additional members of a victim�s family to speak at a criminal�s sentencing and help ensure payment of appropriate crime restitution and reparation.
"The Senate has a strong record of initiating and supporting measures to strengthen our criminal justice system to ensure that innocent people are protected, that crime victims are treated with respect and provided with assistance and that criminals are punished to the full extent of the law," Senate Majority Leader Joseph L. Bruno said. "The statistics are staggering. In 2001, in New York State there were more than 1.3 million crimes reported, including felonies, misdemeanors and crimes against property. All these crimes impact someone, someone�s family and loved ones, or even someone�s property. These bills will build on the Senate�s record of making New York more safe from crime."
New York State Senator Michael F. Nozzolio (R,C-Fayette), Chairman of the Senate Crime Victims, Crime and Corrections Committee said, "Nothing is more important than the safety of all of our citizens, especially children. As the Chairman of the Senate Crime Victims, Crime and Corrections Committee, it has always been one of my priorities to provide victims with protections and ensure that their voices are heard by the criminal justice system. The initiatives we have approved in Committee have also always been supported by the Senate Majority and I am proud of the work we have done to enhance our laws to assist crime victims."
In addition to the bills passed today, the Senate will act next week on "Joan�s Law," which would mandate a minimum sentence of life in prison without parole for criminals who kill children under age 14 while committing a sex offense and would allow the public to search the Division of Criminal Justice Services' sex offender Internet subdirectory with anonymity.
Legislation passed today by the Senate includes:
> "Tamiqua�s Law," which would mandate a minimum sentence of life in prison without parole for criminals who kill children under age 15 while committing a violent felony;
> Legislation to protect crime victims and witnesses from being sued by criminals when acting in self defense or as a Good Samaritan to prevent a crime;
> A bill that would permit additional members of a victim�s family to speak at a criminal�s sentencing; and
> Legislation related to payment of surcharges and crime victims assistance fees by youthful offenders, as well as a bill to make public and private agencies eligible to receive restitution or reparation.
JOAN�S LAW
The Senate will act next week on "Joan�s Law," (S.1319A), sponsored by Senator Thomas P. Morahan (R-C, New City), which would make life in prison without parole the minimum penalty for predators who molest and murder children.
The bill is named for Joan D�Alessandro, a 7-year-old girl who was raped and murdered in 1973 by a high school science teacher to whom she was delivering Girl Scout cookies.
"After reviewing the circumstances, it became evident to me that these criminals should, minimally, be put away for life," Senator Morahan said. "This bill would also ensure that those who would commit such atrocities are never again in contact with children to repeat such heinous crimes."
"As a mother of a murdered daughter and an advocate for other survivors of homicide victims, I am pleased to support the legislation proposed here in recognition of National Crime Victims Rights Week," said Patricia Gioia of Niskayuna, Chapter President of Parents of Murdered Children, who spoke at a Capitol news conference. "In particular, the passage of "Joan�s Law" by both houses would guarantee that those who molest and murder our precious children will be forever kept in prison, never to harm another child, and assure that little Joan D�Alessandro did not die in vain."
"The unspeakable, heinous acts committed by these criminals demand the very toughest of punishments," said Senator Bruno said. "Joan's Law will ensure that these criminals will stay off our streets permanently by eliminating any chance for parole."
"Joan's Law" would eliminate the possibility of parole for anyone convicted of murdering a child younger than 14 in the course of committing a sex crime. Prosecutors would also have the option of pursuing the death penalty for offenders convicted under this legislation. This bill will be acted on by the Senate next week.
The anniversary of the murder was Monday, April 19. The murderer, Joseph McGowan, dumped Joan�s body in Rockland County where she was found three days later on Easter Sunday in the sepulcher rock formation in Harriman State Park. McGowan has been eligible for parole several times since his conviction and has fought the denial of his parole each time. Rosemarie D�Alessandro and her other children repeatedly have had to bear the continuing pain each time.
In addition to Joan�s Law, the Senate today passed similar legislation (S.5388A), a Governor�s Program Bill sponsored by Senator Morahan. This version, called "Tamiqua�s Law," is named after 11-year-old Tamiqua Gutierrez who was found raped and murdered in the hallway of her Bronx apartment building on May 8, 2001. This bill would apply the life without parole penalty to criminals who murder someone under age 15 during the course of other violent crimes, in addition to sex offenses.
Under current law, a person convicted of murdering a child under the age of 15 while in the process of committing sexual offenses, robbery, burglary, arson or kidnapping, is eligible for a minimum 15 year sentence or the maximum sentence of the death penalty.
GOOD SAMARITAN PROTECTION
The Senate today passed legislation (S.557) sponsored by Senator Dean Skelos (R-C, Rockville Centre), that would protect crime victims and witnesses from being sued by criminals when acting in self defense or as a Good Samaritan to prevent a crime.
"People have a right to protect themselves from those that would do them harm," said Senator Skelos. "It is simply wrong to allow criminals to sue their victims or �Good Samaritans� for injuries that they may sustain as victims exercise their right of self-defense. Historically, this was the rule and this legislation will restore a measure of common sense to the law."
Historically, this "Good Samaritan" legislation was the law, but in 1975, the state adopted a negligence law that allowed a criminal to sue their victim, or a Good Samaritan if they were injured while trying to carry out the illegal act. This law would restore the original legislation, preventing the criminal from recovering any damages from the victim for injuries he or she received during the act of the crime.
ALLOWING MORE VICTIMS TO SPEAK AT SENTENCING
The Senate today passed a bill (S.243) sponsored by Senator Dale M. Volker (R-C-I, Depew), that would permit additional members of a victim�s family to speak at a criminal�s sentencing.
"According to the court the law only allows a single victim impact statement. This is unfair and unjust. Often, there is simply not just one victim, but rather several. Victims of crime and their families have the right to participate and to be heard in the criminal justice system," said Senator Dale M. Volker. "This opportunity allows victims to personalize the crime and express the impact it has had on them and their families. This process may also aid victims in their emotional recovery. This bill is the right thing to do and would remove this limitation and permit the family of a victim to testify on how the criminal's act affected their life and the life of the victim.
"Current law permits only one member of a victim�s family to make a statement at a sentencing, thus preventing parents, grandparents and children from addressing the court prior to sentencing," said Senator Volker. "This bill would allow all family members to express themselves before the court, to tell them not only how the criminal�s act has affected the life of the victim, but their lives as well."
The bill would expand the number of family members who may speak at the sentencing of the defendant. It would also include the victim�s spouse as among the family members permitted to speak at the sentencing as well as allow a picture of the victim to be shown during opening and closing arguments.
CRIME VICTIMS ASSISTANCE FEES
The Senate also passed legislation (S.4170), sponsored by Senator Dale M. Volker (R-C-I, DePew) that would require that a mandatory surcharge and a crime victim assistance fee be assessed whenever a conviction for a felony, a misdemeanor, or a violation is replaced by a youthful offender adjudication.
"A youthful offender adjudication is a worthwhile effort to salvage the productive lives of young people who�ve gotten into trouble," Senator Volker said. "However, it does not necessarily follow that these individuals should be shielded from their obligation to bear part of the burden imposed upon society by their criminal conduct. Mandatory surcharges and crime victim assistance fees are paid into the Criminal Justice Improvement Account, which finances crime victim compensation paid to the innocent victims of crime by the Crime Victim's Board and victim assistance grants. The financial burden imposed upon society and crime victims is no less by the subsequent adjudication of an individual as a youthful offender and they should be required to pay the surcharges and fees."
REPARATION AND RESTITUTION
The Senate approved a bill (S.1143), sponsored by Senator John DeFrancisco (R-C, Syracuse) that would include certain persons and entities within the term "victim" to enable a sentencing court to order restitution or reparation. Under the provisions of this bill, a sentencing court could order a convicted defendant to make reparation of actual out-of-pocket losses sustained by any person, private company, or public agency or department which took action to prevent, mitigate, or remedy damages to persons or property caused by the offense.
"Restitution and reparation to individual crime victims should be a primary concern in our criminal justice system," Senator DeFrancisco said. "Public and private agencies which respond to crime-related incidents, provide assistance, and prevent further damage should not be statutorily ineligible to be reimbursed for certain costs as ordered by a sentencing court. Such a situation arose in Central New York where a volunteer fire department used several hundred dollars worth of chemicals to extinguish a fire set by arson. The court was precluded from ordering the defendant to reimburse the fire department for this cost under the existing statute. The law should not be so limited that a court is prohibited from ordering reparation in such situations."
The Senate will act next week on legislation (S.3584A), sponsored by Senator John Flanagan (R-C, Northport) that would allow the public to search the Division of Criminal Justice Services' sex offender Internet subdirectory with anonymity and to prevent any charges from being assessed for using the service.
"Residents wanting information on high-risk sex offenders are confronted with an accessibility barrier when logging onto the state Internet subdirectory," Senator Flanagan said. "They are required to provide their name and address before accessing the database. New York State is the only state in the nation that requires users to provide their name and address before searching the Internet registry. This creates a barrier to freely accessing the information and prevents the public from freely searching the database."
In addition to the bills passed today, which have been sent to the Assembly, the Senate has previously passed a long list of legislation intended to help crime victims, protect innocent New Yorkers and strengthen penalties on criminals. These bills include:
S.1936B, Senator Spano -- Would make it a felony crime if an adult recklessly causes serious injury to a child under seven years old. The bill would make "Shaken Baby Syndrome," where a child suffers serious, even fatal head injuries as a result of reckless, abusive treatment, a violent felony crime punishable by up to seven years in prison.
S.5555, Senator Golden -- Establishes the crime of "aggravated criminal conduct." Any offender who commits his or her fourth misdemeanor after having been previously convicted of three or more misdemeanors within the previous ten years will be punished as a Class �E� felon and face up to four years in state prison.
S.4999, Senator Bruno -- "Suzanne�s Law," would increase penalties for crimes committed on school grounds.
S.1016, Senator Skelos -- Would increase penalties for those who fail to register as sex offenders under Megan�s Law and for those who provide false information when registering as a sex offender.
S.89, Senator Maltese -- Would clarify the definition of the terms "physical injury" and "serious physical injury" and would clarify the nature of the evidence needed to prove such injuries and assist in the prosecution of domestic violence cases.
S.517A, Senator Balboni -- Would authorize family courts to issue orders of protection for witnesses.
S.1206, Senator Robach -- Would require sex offenders who are found guilty of another offense during their probation to serve consecutive sentences rather than concurrent sentences.
S.277, Senator Skelos -- Would strengthen sexual abuse reporting laws by establishing a Class �B� misdemeanor for anyone 18 years of age or older who knowingly fails to report the sexual assault of a child under 16 years of age to a law enforcement official.
In addition, Senator Bruno has established the Senate Majority Task Force on Children�s Health and Safety to expand and build on the Senate�s efforts to strengthen New York�s child protection laws. The panel has held public hearings to examine the state�s existing child protection system, identify threats that jeopardize a child�s health and safety and make recommendations that focus on what can be done to better protect children and make them less vulnerable. The task force is co-chaired by Senator Mary Lou Rath (R-C, Williamsville) and Senator Nicholas Spano (R-C, Westchester).
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