Crime Committee Report e.indd - New York State Senate

imposed, or failed to comply with the rules and regulations of an administrative tribunal in
relation to five or more toll collection violations within an eighteen month period to apply to
three or more violations within an eighteen month period.
S.4252 SCHNEIDERMAN, DIAZ, HASSELL-THOMPSON, KRUEGER, PARKER
Child Witnesses
This bill expands the number of cases in which closed circuit television may be used to present
the testimony of child witnesses in court proceedings. This bill expands the definition of
“child witness” by including witnesses in proceedings concerning offenses defined in Penal Law
articles 120 (assault), 125 (homicide) and 135 (kidnapping), as well as §260.10 (endangering
the welfare of a child).
4397-A SCHNEIDERMAN, BRESLIN, ADAMS, ADDABBO, DIAZ, DILAN, DUANE, ESPADA,
HASSELL-THOMPSON, HUNTLEY, C. JOHNSON, KLEIN, KRUEGER, KRUGER,
MONTGOMERY, ONORATO, OPPENHEIMER, PARKER, PERKINS, SAMPSON, SAVINO,
SERRANO, SQUADRON, STAVISKY, STEWART-COUSINS, THOMPSON
Crime Gun Identification - Microstamping
Requires all semiautomatic pistols manufactured on or after January 1st 2011 to be capable
of producing a unique alpha-numeric or geometric code on at least two locations on each
cartridge case expended from such pistol which can be used to identify the make, model, and
serial number of the pistol.
S.4750 SCHNEIDERMAN
Courts Can Waive Surcharges
As a report by the Center for Community Alternatives points out, the financial consequences
of a criminal conviction can present a significant roadblock to the successful reentry and
reintegration of a convicted person. The report, “Sentencing for Dollars: The Financial Consequences
of a Criminal Conviction,” explains that when viewed in isolation, these financial
penalties may appear to be a good source of revenue and a way to shift costs from the “taxpayer”
to the “offender.” Financial sanctions may also give the appearance of being “tough on
crime.” However, these penalties look quite different when considered in their totality and in
the context of their impact on the person convicted and his or her family.
Before 1995, a court had the discretion to waive the mandatory surcharge for defendants
who were unable to pay. However, current law does not allow for such a waiver even in cases
where the defendant is indigent and unable to pay. Therefore, this bill would return the discretion
to judges to waive certain fees and surcharges in cases where the defendant is unable to
pay or when the imposition of such fees or surcharges would be incompatible with the defendant’s
successful reentry.
S.5372 HASSELL-THOMPSON, DIAZ, KRUEGER
Order of Protection Registry Expansion
This bill would permit courts to direct that orders of protection and temporary orders of
protection of non-family domestic violence offenses be filed with the statewide computerized
registry of orders of protection.
It would also require the Superintendent of State Police to include such orders of protection
on the computerized registry.
Existing law only allows orders of protection and temporary orders of protection for family
offenses to be entered on the statewide computerized registry.
Standing Committee on Crime Victims, Crime and Correction | 2009-2010 Report 69