Regular Session - April 29, 2013
2017
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 April 29, 2013
11 3:19 p.m.
12
13
14 REGULAR SESSION
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16
17
18 SENATOR JOSEPH GRIFFO, Acting President
19 FRANCIS W. PATIENCE, Secretary
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2018
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: Today's
10 invocation will be offered by the Reverend
11 Dr. Richard Hasselbach, pastor of the Clarkstown
12 Reformed Church in West Nyack.
13 Pastor?
14 PASTOR HASSELBACH: Thank you very
15 much.
16 And a word of thanks to all of you
17 for your welcome to me today, and especially to
18 Senator Carlucci, who extended this invitation
19 and tremendous warmth.
20 So let's pray.
21 Creator God, we praise You for Your
22 presence and Your action in our world. You are
23 the One who gives us the unalienable rights to
24 live in security, to act with freedom, to pursue
25 our happiness, and to be secure in our
2019
1 property. We do not have these rights from any
2 sovereign power other than You. They are the
3 gifts of Your creative love.
4 Whenever these rights are assailed,
5 You are assailed. Whenever these rights are
6 compromised, Your will is thwarted. And
7 whenever these rights are denied, You weep for
8 Your people.
9 Bless the members of this body.
10 Give them the courage to do what is right and
11 the wisdom to know what is best for this state
12 and for all of its people.
13 Let them resist all temptation to
14 do the easy, popular thing rather than the
15 difficult and just thing.
16 Help them to have servant hearts
17 and to know that the office entrusted to them
18 must be exercised with humility and integrity.
19 Keep this great deliberative body
20 honest. Let each member transcend the
21 narrowness of party ideology and self-interest.
22 Let them listen in this chamber as well as
23 speak. And as they listen, may it be with open
24 minds and open hearts.
25 Protect all who work here. Keep
2020
1 them safe in mind and body and free from all
2 harm. Bless the work of the people done here,
3 and protect our Senators from all evil of
4 whatever kind. Make them men and women of
5 integrity, and give them a passion for truth.
6 We are Your hands and we are Your
7 voice, Creator God, for we are Your people.
8 Inspired by the giants upon whose shoulders we
9 stand, give us the courage to be willing in the
10 struggles of our day to risk all lest we lose
11 what is more than all.
12 We ask this in Your holy and
13 unutterable name, You the God who creates and
14 sustains us and who has brought us to this
15 moment. You are the One who lives forever. And
16 we can all say amen.
17 Thank you.
18 ACTING PRESIDENT GRIFFO: Thank
19 you, Pastor Hasselbach.
20 The reading of the Journal.
21 THE SECRETARY: In Senate, Sunday,
22 April 28th, the Senate met pursuant to
23 adjournment. The Journal of Friday, April 26th,
24 was read and approved. On motion, Senate
25 adjourned.
2021
1 ACTING PRESIDENT GRIFFO: Without
2 objection, the Journal stands approved as read.
3 Presentation of petitions.
4 Messages from the Assembly.
5 Messages from the Governor.
6 Reports of standing committees.
7 Reports of select committees.
8 Communications and reports from
9 state officers.
10 Motions and resolutions.
11 Senator Fuschillo.
12 SENATOR FUSCHILLO: Mr. President,
13 on behalf of Senator Maziarz, on page number 23 I
14 offer the following amendments to Calendar Number
15 347, Senate Print Number 4004, and ask that said
16 bill retain its place on Third Reading Calendar.
17 ACTING PRESIDENT GRIFFO: The
18 amendments are received, and the bill shall
19 retain its place on third reading.
20 Senator Fuschillo.
21 SENATOR FUSCHILLO: Will you please
22 recognize Senator Valesky.
23 ACTING PRESIDENT GRIFFO: Senator
24 Valesky.
25 SENATOR VALESKY: Thank you,
2022
1 Senator Fuschillo.
2 Mr. President, on behalf of
3 Senator Klein, on page 13 I offer the following
4 amendments to Calendar Number 155, Senate Print
5 Number 2321, and ask that said bill retain its
6 place on the Third Reading Calendar.
7 ACTING PRESIDENT GRIFFO: The
8 amendments are received, and the bill shall
9 retain its place on third reading.
10 Senator Fuschillo.
11 SENATOR FUSCHILLO: Mr. President,
12 there is a previously adopted resolution by
13 Senator Marchione, Number 1324, at the desk. I
14 ask that it be read in its entirety and then
15 please recognize Senator Marchione.
16 ACTING PRESIDENT GRIFFO: Thank
17 you, Senator Fuschillo.
18 The Secretary will read.
19 THE SECRETARY: Legislative
20 Resolution Number 1324, by Senator Marchione,
21 honoring Rachael Murray upon the occasion of
22 being selected as the Upstate New York Chapter of
23 the Leukemia and Lymphoma Society's 2013 Girl of
24 the Year.
25 "WHEREAS, It is the sense of this
2023
1 Legislative Body to recognize and pay tribute to
2 those outstanding individuals whose personal
3 triumphs and extraordinary spirit and
4 determination are an inspiration to others; and
5 "WHEREAS, Attendant to such concern,
6 and in full accord with its long-standing
7 traditions, this Legislative Body is justly proud
8 to honor Rachael Murray upon the occasion of
9 being selected as the Upstate New York Chapter of
10 the Leukemia and Lymphoma Society's 2013 Girl of
11 the Year; and
12 "WHEREAS, The individual selected as
13 the Girl of the Year is chosen by the Leukemia
14 and Lymphoma Society for her strength and courage
15 while battling lymphoma; she serves as an example
16 for thousands of children across the United
17 States who are winning the war against blood
18 cancer; and
19 "WHEREAS, Rachael Murray is a
20 vibrant, enthusiastic, fun-loving senior at
21 Tamarac High School. She enjoys diving,
22 snowboarding, hanging out with friends,
23 shopping, music -- especially The Dave Matthews
24 Band -- and driving her Honda CR-V; and
25 "WHEREAS, In August of 2012,
2024
1 Rachael Murray was diagnosed with Stage 2A+
2 Hodgkin's Lymphoma. Throughout the many tests,
3 treatments and procedures, this extraordinary
4 young woman's courage, positive attitude and
5 bravery never wavered; and
6 "WHEREAS, Rachael Murray faced
7 cancer head on and did not let it define her.
8 Each day, she is gaining more and more energy and
9 stamina, and has been able to return to school,
10 diving and snowboarding; and
11 "WHEREAS, Rachael Murray, in her
12 role as the 2013 Girl of the Year, serves as an
13 inspiration for local Leukemia and Lymphoma
14 Society Man and Woman of the Year candidates to
15 raise awareness and monetary contributions with
16 the hope to find a cure for all blood cancers;
17 and
18 "WHEREAS, Because of her strength
19 and the sacrifices of her family, the Leukemia
20 and Lymphoma Society is one step closer to
21 achieving its goal to find a cure for blood
22 cancer so that children like Rachael Murray do
23 not suffer the injustice of blood cancer in years
24 to come; and
25 "WHEREAS, It is the custom of this
2025
1 Legislative Body that when individuals of such
2 enduring courage and bravery are brought to our
3 attention, they should be celebrated and
4 recognized by all the citizens of this great
5 Empire State; now, therefore, be it
6 "RESOLVED, That this Legislative
7 Body pause in its deliberations to honor
8 Rachael Murray upon the occasion of being
9 selected as the Upstate New York Chapter of the
10 Leukemia and Lymphoma Society's 2013 Girl of the
11 year; and be it further
12 "RESOLVED, That a copy of this
13 resolution, suitably engrossed, be transmitted to
14 Rachael Murray."
15 ACTING PRESIDENT GRIFFO: Senator
16 Marchione.
17 SENATOR MARCHIONE: Mr. President,
18 my colleagues, I rise to offer my comments on the
19 legislative resolution before us.
20 The legislative resolution pays
21 tribute to Rachael Murray, a senior at Tamarac
22 High School. Ms. Murray has the honor of having
23 been selected as the Upstate New York Chapter of
24 the Leukemia and Lymphoma Society's 2013 Girl of
25 the Year.
2026
1 We often hear so much about courage,
2 inspiration, perseverance. Today we honor
3 someone whose life truly embodies those words;
4 today we honor Rachael Murray.
5 It was almost one year ago that
6 Ms. Murray was diagnosed with Stage 2A+ Hodgkin's
7 Lymphoma. Despite that, Ms. Murray has always
8 maintained her upbeat, positive attitude, and in
9 so doing showed us all the true meaning of
10 character as she's passing one of life's toughest
11 tests.
12 Ms. Murray continues to be active,
13 enjoying many activities, including diving,
14 snowboarding, and being with friends. As the
15 2013 Girl of the Year, Rachael Murray is an
16 inspiration, a positive role model giving hope,
17 providing encouragement, and working toward a
18 cure for blood cancer.
19 Mr. President and my colleagues,
20 please join me in extending our very warmest
21 Senate welcome to an extraordinary young woman we
22 honor with this legislative resolution today:
23 Rachael Murray.
24 Welcome.
25 (Standing ovation.)
2027
1 SENATOR MARCHIONE: Mr. President,
2 I would just also like to introduce her parents,
3 Bill and Michele Murray, and her brother Ryan.
4 Welcome to all of you. Thank you
5 for being here.
6 ACTING PRESIDENT GRIFFO: We
7 welcome all of you and extend the courtesies of
8 the house and extend our special recognition and
9 our admiration for your courage, Rachael. God
10 bless you, and welcome to the Senate.
11 Senator Fuschillo.
12 SENATOR FUSCHILLO: Mr. President,
13 there was a previously adopted resolution by
14 Senator Breslin, Number 1327, at the desk. I ask
15 that it be read in its entirety and then please
16 recognize Senator Breslin.
17 ACTING PRESIDENT GRIFFO: The
18 Secretary will read.
19 THE SECRETARY: Legislative
20 Resolution Number 1327, by Senator Breslin,
21 honoring Dylan Conboy upon the occasion of being
22 selected as the Upstate New York Chapter of the
23 Leukemia and Lymphoma Society's 2013 Boy of the
24 Year.
25 "WHEREAS, It is the sense of this
2028
1 Legislative Body to recognize and pay tribute to
2 those outstanding individuals whose personal
3 triumphs and extraordinary spirit and
4 determination are an inspiration to others; and
5 "WHEREAS, Attendant to such concern,
6 and in full accord with its long-standing
7 traditions, this Legislative Body is justly proud
8 to honor Dylan Conboy upon the occasion of being
9 selected as the Upstate New York Chapter of the
10 Leukemia and Lymphoma Society's 2013 Boy of the
11 Year; and
12 "WHEREAS, The individual selected as
13 the Boy of the Year is chosen by the Leukemia and
14 Lymphoma Society for his strength and courage
15 while battling leukemia. He serves as an example
16 for thousands of children across the
17 United States who are winning the war against
18 blood cancer; and
19 "WHEREAS, One day before his third
20 birthday, Dylan Conboy was diagnosed with
21 leukemia. Today, this extraordinary young boy
22 is approximately two years into a three-year
23 course of treatment; and
24 "WHEREAS, Strong, happy and
25 courageous, Dylan Conboy takes an active role in
2029
1 his treatment. He regularly 'helps' his nurse
2 with her work; and
3 "WHEREAS, Dylan Conboy, in his role
4 as the 2013 Boy of the Year, serves as an
5 inspiration for local Leukemia and Lymphoma
6 Society Man and Woman of the Year candidates to
7 raise awareness and monetary contributions with
8 the hope to find a cure for all blood cancers;
9 and
10 "WHEREAS, Because of his strength
11 and the sacrifices of his family, the Leukemia
12 and Lymphoma Society is one step closer to
13 achieving its goal to find a cure for blood
14 cancer so that children like Dylan Conboy do not
15 suffer the injustice of blood cancer in years to
16 come; and
17 "WHEREAS, It is the custom of this
18 Legislative Body that when individuals of such
19 enduring courage and bravery are brought to our
20 attention, they should be celebrated and
21 recognized by all the citizens of this great
22 Empire State; now, therefore, be it
23 "RESOLVED, That this Legislative
24 Body pause in its deliberations to honor
25 Dylan Conboy upon the occasion of being selected
2030
1 as the Upstate New York Chapter of the Leukemia
2 and Lymphoma Society's 2013 Boy of the Year; and
3 be it further
4 "RESOLVED, That a copy of this
5 resolution, suitably engrossed, be transmitted to
6 Dylan Conboy."
7 ACTING PRESIDENT GRIFFO: Senator
8 Breslin.
9 SENATOR BRESLIN: Thank you,
10 Mr. President.
11 First of all, may I commend
12 Senator Marchione and the Girl of the Year who
13 was selected, Rachael Murray, and now to the Boy
14 of the Year, who lives in my district.
15 Two years ago, Jacinda Conboy
16 brought her boy in for a visit to the doctor
17 because he had an ear infection -- she thought he
18 had an ear infection. The doctor was a little
19 rushed in terms of the seriousness and indicated
20 that Ms. Conboy should immediately take her son
21 to the hospital. It alarmed her when she got to
22 the hospital; people were waiting for them. And
23 they were rushed into a room where treatment was
24 begun virtually immediately.
25 That started the long two years of
2031
1 treatment, worry, concern. And doctors around
2 him, treatments on an ongoing basis.
3 But the success of the treatments,
4 the attitude of Dylan, who assists the nurses in
5 the treatment, helps out -- and I had the chance
6 to be with Dylan for a little while. Always
7 smiling, as he's smiling over here in the corner
8 right now, and we can hear him, with his
9 brother.
10 And he set a terrific example. The
11 treatment he's receiving is a three-year
12 treatment. He's through two years. And he's
13 through two years successfully, with that smile.
14 He's been a blessing to his parents, parents who
15 have been very active in this our Albany
16 community.
17 And, you know, we take things for
18 granted. And sometimes things don't go the way
19 we want. But it's what we do with them when they
20 are before us. And the Conboy family has
21 rallied, and I'm sure they would say probably
22 much closer because of the crisis than before.
23 But they're on the precipice of
24 victory. And I think the Upstate Chapter of the
25 Leukemia and Lymphoma Society has made a
2032
1 wonderful choice in naming Dylan Conboy as its
2 Boy of the Year.
3 And Dylan is over there with his
4 brother, Brady, and his parents, Jacinda and
5 Jim. And I think that this chamber applauds not
6 only Rachael Murray, the Girl of the Year, but
7 our own Dylan Conboy.
8 Thank you, Mr. President.
9 ACTING PRESIDENT GRIFFO: Thank
10 you, Senator Breslin.
11 (Standing ovation.)
12 ACTING PRESIDENT GRIFFO: We
13 welcome to the Conboy family to the chamber,
14 extend the courtesies of the house, and send a
15 special greeting to Dylan, a brave young man.
16 Good luck, and God bless you
17 Senator Fuschillo.
18 SENATOR FUSCHILLO: Mr. President,
19 will you open up the two previously adopted
20 resolutions for cosponsorship.
21 ACTING PRESIDENT GRIFFO: Both
22 resolutions which were previously adopted are
23 open for cosponsorship. If you choose not to be
24 a sponsor, please notify the desk.
25 Senator Fuschillo.
2033
1 SENATOR FUSCHILLO: May we please
2 have the reading of the noncontroversial
3 calendar.
4 ACTING PRESIDENT GRIFFO: The
5 Secretary will read.
6 THE SECRETARY: Calendar Number
7 174, by Senator Carlucci, Senate Print 3802, an
8 act to amend the Mental Hygiene Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 2. 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, 59.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 217, by Senator Zeldin, Senate Print 4000, an act
21 to amend the General Business Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 4. This
25 act shall take effect one year after it shall
2034
1 have become law.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 58. Nays,
6 1. Senator Montgomery recorded in the negative.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 260, by Senator Hannon, Senate Print 2940, an act
11 to amend the Penal Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect on the first of November.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 58. Nays,
20 1. Senator Montgomery recorded in the negative.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 281, by Senator Savino, Senate Print 4471, an act
25 to amend the Workers' Compensation Law.
2035
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 THE SECRETARY: Ayes, 58. Nays,
9 1. Senator Gallivan recorded in the negative.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 321, by Senator LaValle, Senate Print 2405, an
14 act to amend the Education Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 59.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
2036
1 335, by Senator Bonacic, Senate Print 1888, an
2 act to amend the Vehicle and Traffic Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 59.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 343, by Senator Fuschillo, Senate Print 4246, an
15 act to amend subdivision 19 of Section 246 of
16 Chapter 81 of the Laws of 1995.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 2. 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, 59.
25 ACTING PRESIDENT GRIFFO: The bill
2037
1 is passed.
2 THE SECRETARY: Calendar Number
3 354, by Senator Seward, Senate Print 2891, an act
4 to amend the Insurance Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 90th day.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 59.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 355, by Senator Seward, Senate Print 2894, an act
17 to amend the Insurance Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 3. 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, 59.
2038
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 365, by Senator Zeldin, Senate Print 1685, an act
5 to amend the Election Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect on the 120th day.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 59.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 377, by Senator Hannon, Senate Print 2941, an act
18 to amend the Penal Law.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 2. 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.)
2039
1 THE SECRETARY: Ayes, 59.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 378, by Senator Nozzolio, Senate Print 4486, an
6 act to amend the Civil Practice Law and Rules.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 59.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 379, by Senator Fuschillo, Senate Print 741, an
19 act to amend the Penal Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect on the first of November.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
2040
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 57. Nays,
3 2. Senators Montgomery and Parker recorded in
4 the negative.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 391, by Senator Young, Senate Print 3710C, an act
9 to amend the Penal Law.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 50. This
13 act shall take effect on the 90th day.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT GRIFFO: Senator
18 Young to explain her vote.
19 SENATOR YOUNG: Thank you,
20 Mr. President. To explain my vote.
21 I appreciate the support of all my
22 colleagues. And ever since I was elected to
23 state office in 1999, I've devoted a lot of my
24 public service to helping victims. And that's
25 what this bill does. This is a women's issue,
2041
1 and not only that, it protects women and
2 children.
3 In 1999, Penny Brown of Salamanca
4 was brutally raped and murdered in my district.
5 And as a result, we were able to eventually pass
6 Penny's Law.
7 The current piece of legislation
8 before us actually makes some significant changes
9 to sexual assault laws in New York State. It's
10 heavily supported by the New York State
11 Association of District Attorneys, the Downstate
12 Coalition for Crime Victims.
13 And it's based on the terrible case
14 of Lydia Cuomo, who was brutally sexually
15 assaulted in 2011 in Senator Espaillat's
16 district. He's asked me to cosponsor the bill; I
17 gladly have him on board. And I want to thank
18 you, Senator, for that.
19 Lydia Cuomo has put forward a push
20 to rename several of the sexual assault acts so
21 that they reflect the word "rape" in them. This
22 is what this bill does.
23 And not only that, it also
24 strengthens the rape laws in New York State. The
25 previous standard has been for vaginal rape to be
2042
1 penetration. This actually loosens the
2 definition to include contact. That would have
3 been very significant in Lydia Cuomo's case, but
4 also it's very significant for all of the rape
5 cases in New York State, because it will make it
6 easier to obtain a conviction.
7 And prosecutors have told me that
8 this standard especially is helpful in
9 prosecuting child rapists, because the whole
10 notion of penetration is very difficult for
11 children to understand, but they understand touch
12 and they understand contact.
13 So you are helping so many children
14 and women across the state. There recently was a
15 survey, in 2011; it's estimated that 2 million
16 women have been raped in New York State. Think
17 about that. That is very, very disturbing.
18 So this bill tackles those very,
19 very serious issues. Again, I want to thank all
20 of my colleagues. I vote yes, and I urge
21 everyone to vote yes also.
22 Thank you, Mr. President.
23 ACTING PRESIDENT GRIFFO: Senator
24 Young to be recorded in the affirmative.
25 Senator Espaillat to explain his
2043
1 vote.
2 SENATOR ESPAILLAT: Thank you,
3 Mr. President.
4 I am happy to join Senator Young in
5 this endeavor. And this particular bill does
6 codify a form of rape that is rampant and
7 pervasive and has not been codified in this form
8 before in the State of New York.
9 And it is supported by many of our
10 district attorneys, including New York County
11 District Attorney Cy Vance and others.
12 This is an excellent bill. The
13 victim, who likes not to be defined by this
14 act -- and, you know, in a recent interview,
15 Lydia Cuomo said that she will not allow this
16 incident to define her life. Well, more so, the
17 efforts on her part to change the future is
18 really what she would like to have define her
19 life.
20 And she was here several months ago,
21 and we were happy to have her here. She's very
22 courageous. She came forward. The perpetrator
23 was an off-duty police officer. This was a
24 heinous crime that happened just right across
25 from my house.
2044
1 And so I am happy to join
2 Senator Young in making sure that this bill
3 becomes law.
4 Thank you, Mr. President.
5 ACTING PRESIDENT GRIFFO: Senator
6 Espaillat to be recorded in the affirmative.
7 Senator Ruth Hassell-Thompson to
8 explain her vote.
9 SENATOR HASSELL-THOMPSON: Thank
10 you, Mr. President. I rise to lend my support to
11 this bill as well.
12 In the past, other versions of this
13 bill have come forward, and I was very hesitant.
14 And I know that people have asked why, as the
15 person who has chaired the Task Force on Domestic
16 Violence and has brought bills to this floor
17 around rape and assault.
18 But I think that one of the things
19 that law must be is clear. And so that I think
20 that in working on this bill more, you have
21 brought clarity and a fuller explanation than
22 perhaps we had before. And I thank you for your
23 diligence in staying with it and bringing a bill
24 to the floor that all of us can support.
25 ACTING PRESIDENT GRIFFO: Senator
2045
1 Ruth Hassell-Thompson to be recorded in the
2 affirmative.
3 Senator Nozzolio to explain his
4 vote.
5 SENATOR NOZZOLIO: Thank you,
6 Mr. President.
7 Mr. President, I rise in support of
8 this legislation and urge my colleagues to
9 support this effort.
10 Senator Young should be
11 congratulated for taking the lead on ensuring
12 that the victims of this heinous crime will be
13 punished appropriately.
14 This measure clearly ensures that
15 those who commit violence are going to be dealt
16 with in a very serious manner, that the
17 sentencing structure of this state will ensure
18 the maximum penalties are provided to those who
19 commit such heinous activity.
20 The District Attorneys Association,
21 as well as a number of crime victims' rights
22 groups, including the Downstate Coalition for
23 Crime Victims, firmly this legislation, strongly
24 encourage the Legislation to enact this measure,
25 and in their advocacy to protect victims of
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1 violence, ensure that those who perpetrate this
2 type of violence will be sent to prison and will
3 be kept in prison for a very long period of time.
4 Any efforts to dilute the
5 consecutive sentencing approach that the district
6 attorneys need to have as a utilization in
7 prosecuting these cases, any dilution of that
8 ability to prosecute, to ensure consecutive
9 sentencing, will be a very sad but clear signal
10 to crime victims that they will not get the
11 protection of our laws.
12 On the other hand, Senator Young's
13 bill does just the opposite: ensure that the
14 protection of victims, the consideration of
15 victims, the respect for our crime victims will
16 be ensured and stabilized by the legislation that
17 we are going to enact today.
18 Mr. President and my colleagues, I
19 support the measure.
20 ACTING PRESIDENT GRIFFO: Senator
21 Nozzolio to be recorded in the affirmative.
22 The Secretary will announce the
23 results.
24 THE SECRETARY: Ayes, 57. Nays,
25 2. Senators Montgomery and Parker recorded in
2047
1 the negative.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 396, by Senator Maziarz, Senate Print 1073, an
6 act to amend the Correction Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT GRIFFO: Announce
15 the results.
16 THE SECRETARY: Ayes, 56. Nays,
17 3. Senators Montgomery, Parker and Perkins
18 recorded in the negative.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 397, by Senator Skelos, Senate Print 1390, an act
23 to amend the Correction Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
2048
1 THE SECRETARY: Section 2. 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 THE SECRETARY: In relation to
7 Calendar Number 397, those recorded in the
8 negative are Senators Hassell-Thompson,
9 Montgomery, Parker, Perkins and Rivera.
10 Ayes, 54. Nays, 5.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 398, by Senator LaValle, Senate Print 1764, an
15 act to amend the Correction Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the first of July.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 57. Nays,
24 2. Senators Hassell-Thompson and Montgomery
25 recorded in the negative.
2049
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 Senator Fuschillo, that completes
4 the noncontroversial reading of the calendar.
5 SENATOR FUSCHILLO: Mr. President,
6 is there any further business at the desk?
7 ACTING PRESIDENT GRIFFO: There is
8 no further business before the desk,
9 Senator Fuschillo.
10 SENATOR FUSCHILLO: There being no
11 further business, I move that we adjourn until
12 Tuesday, April 30th, at 3:00 p.m.
13 ACTING PRESIDENT GRIFFO: On
14 motion, the Senate stands adjourned until
15 Tuesday, April 30th, at 3:00 p.m.
16 Senate adjourned.
17 (Whereupon, at 3:50 p.m., the Senate
18 adjourned.)
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