Crime Committee Report e.indd - New York State Senate

S.138 SAMPSON, ADAMS, DIAZ, HASSELL-THOMPSON, KRUEGER
Protection of the Elderly
This bill would add a new article 261 to the Penal Law entitled “Criminal neglect of a vulnerable
elderly person or a person with a disability.” It would be a class “A” misdemeanor for any
caregiver to knowingly act, (or fail to act), in a manner likely to threaten the life of, endanger
or injure the health of, or cause a deterioration of a previously existing physical or mental
condition of, a vulnerable elderly person or a person with a disability. The term “Caregiver”
is broadly defined. The bill would also criminalize (an “A” misdemeanor) the abandonment
of such person, a growing practice in our society frequently referred to as “Granny-dumping”.
Neither of these areas are presently addressed by penal statutes in New York State. The provisions
of this bill would apply only in non-institutionalized settings and would have no impact
on health care providers licensed under the Education Law such as physicians, dentists, etc.,
rendering care in the normal course of his or her profession.
S.1082 PERKINS, DUANE, HASSELL-THOMPSON, KRUEGER, PARKER, SMITH, THOMPSON
DNA
Among many instances in the past including the case of the Central Park 5 (5 young men
accused of raping a jogger in Central Park who were later exonerated by DNA evidence and a
confession from the real rapist) recent findings report that New York State has had 23 wrongful
convictions overturned through DNA evidence, 10 of which innocent people falsely confessed
to. Though even one case is too many, considering how few cases involve DNA it is a safe assumption
that these 10 cases only represent a fraction of the overall number of cases of wrongful
convictions based on false confessions. Therefore any measure to improve the integrity of
confessions and protect the accused as well as the police should be taken. Just taping confessions
does not show what steps led up to the confession made. Videotaping interrogations
in their entirety from beginning to point A to point B. This will help reduce the number of
wrongful convictions which is not only helpful to those who are wrongly accused but also helps
to increase public safety. In cases where the wrong person is behind bars, the actual criminal is
still out committing crimes which puts us all at risk.
S.1178 PERKINS, DIAZ, HASSELL-THOMPSON, C. JOHNSON, ONORATO, SMITH, THOMPSON
Increasing Sentences for Crimes against Minors
Amends Articles 120, 125 and 260 of the Penal Law by increasing penalties for violent acts
when the victim is under age 16 and the perpetrator is 18 years of age or older.
S.1598-A
SCHNEIDERMAN, ADAMS, BRESLIN, DIAZ, HASSELL-THOMPSON, MONTGOMERY,
OPPENHEIMER, PERKINS, SAVINO, SERRANO, SQUADRON, STEWART-COUSINS
Gun Control
Extends statewide, with the exception of the city of New York, the requirement that a license
to carry of possess a firearm be renewed every 5 years.
Without a renewal system, certain criminal convictions obtained after the issuance of a firearm
and/or development of mental illness by the licensee - changes in conditions that could
result in a license revocation or denial of a license renewal - may go undetected.
Such information includes the licensee’s current name and address, and the make, caliber
and serial number of all firearms possessed. Without a renewal system, licensees who move
out-of-state - a change in conditions that could result in license revocation or denial of a license
renewal - may go undetected.
Without a renewal system, licensees are less likely to update their licensing information.
Without a renewal system, there is no opportunity for licensing officers to determine whether
licensees remain in compliance with the terms of their license
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New York State Senate