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Log InLEGISLATIVE NEWS
Legislative Session 2010 update Click the link to read NYSACDL's report on criminal justice issues addressed by the State Legislature during the 2010 session.
IMPORTANT NEWS REGARDING NYSID SHEETS AND ROCKEFELLER SEALING PROCEEDURES
Members of the NYSACDL Legislative Committee recently met with officials of the Division of Criminal Justice Services which is the agency that generates NYSID sheets in New York State. One issue we brought up was that there are many inaccurate entries on NYSID sheets. Our position is that incomplete entries should be eliminated after a period of time.
One point that they made was that many times, plea bargains are accepted in one court that are meant to cover other cases in another court. In their experience, oftentimes the information on the covered case is not sent to Albany, which is one reason the case remains open on the rap sheet.
DCJS officials recommended that attorneys check with the clerk in the second court to make sure they received the information from the first court and that they are following through on their records. We are passing on that information to you. Please feel free to contact me, as chair of the Legislative Committee if you have any comments or experience on this issue.
Another issue brought to our attention was the fact that very few sealing applications have been made under the Rockefeller Drug Law reform. We want to remind our members that the sealing provisions are available for anyone who has completed drug treatment and they are retroactive, so that you can move to seal a record for a client who completed treatment long ago. Those clients can have up to two misdemeanor cases sealed as well. For anyone who is contemplating a sealing motion, the NYSACDL expert on this issue is board member Alan Rosenthal. He can be reached at (315) 422-5638. He is always willing to pass on his knowledge to members who call.
Donald Thompson
NYSACDL Legislative Committee
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Expanding "Problem - Solving" Courts ... State Court rules were recently amended to provide for the creation of Integrated Domestic Violence Parts which will hear, in a single forum, cases that are simultaneously pending in Criminal, Supreme or Family courts. The Rules provide for establishing procedures for identifying and transferring eligible cases. The amended rules also expand sex offense parts by giving sex offense courts jurisdiction over misdemeanors. Currrently, there are sex offense parts in Nassau, Suffolk, Westchester, Erie, Orange, Tompkins and Queens Counties. The new rules will allow these courts, presently authorized to hear felonies, to hear misdemeanor sex offenses as well. The presiding judge will have the authority to retain jurisdiction of the misdemeanor transfers or to return them to criminal court. The rules authorize Chief Administrative Judge Ann Pfau to create sex offense courts throughout New York. Notice of the change, published in the State Register, may be accessed here: (http://www.dos.state.ny.us/info/register/2009/aug5/pdfs/courtnotices.pdf)
A House subcommittee has, after twenty years, approved a bill to equate sentences for crack cocaine drug violations with those for powdered cocaine. The "crack guidelines" have been criticized from the inception for their disproportionately harsh sentences which had the highest impact on African-American communites. President Obama and other key administration figures are behind the bill. Questions about creating retroactive relief for persons already incarcerated remain. NYSACDL supports this important legislation. Read the The Fairness in Cocaine Sentencing Act 2009.
NYSACDL’s LEGISLATIVE COMMITTEE PREPARES FOR THE 2010 STATE LEGISLATIVE TERM
NYSACDL is one of only two state-wide criminal justice organizations with a full-time lobbyist (the other is NYSDA). As a result, NYSACDL’s position on proposed and pending legislation is actively sought out and is being heard by legislators very early in the process. While the Legislature is out of session, Committee members review proposed legislation to determine whether to take a position and if so, craft a Legislative Memo setting forth that position. We regularly liaise with criminal defense organizations about positions on pending legislation. Anyone who is aware of legislation or an issue upon which you believe NYSACDL should take a position may contact Legislative Committee Chair Donald Thompson at dmthompson@etksdefense.com
The New York State Assembly website may be accessed at http://assembly.state.ny.us
Set forth below are some of the bills on which NYSACDL has recently taken a position along with a link to the Legislative memo.
Formation of a Statewide Office of Indigent Defense Services: NYSACDL supports the formation of an Office of Indigent Defense Services. We have supported the formation of a Statewide Defender System as described in Judge Kaye’s report on Indigent Defense Services in New York. With the financial condition of the State precluding a fully-funded state-run office, we applaud the effort to begin state responsibility for the indigent defense function. It is apparent that the county-run system is not working well in many counties and there ought to be a system that includes standards and oversight as well as incentives for counties and providers to meet those standards. Legislative Memo, April 7, 2010
Sealing Records of Certain Criminal Convictions: NYSACDL supports comprehensive sealing legislation for all misdemeanor convictions and for many felony convictions after the passage of a designated waiting period. Support for this legislation is rooted in the belief that those individuals who have earned a "second chance" should be relieved of the bar a conviction typically poses to employment or other opportunities. NYSACDL proposes changes to the current bill which to extend eligibility for sealing of convictions for less serious crimes without an unduly prolonged waiting period. Legislative Memo, April 23, 2010
A hotline has been set up in the office of the Brooklyn Defenders to collect stories of those who would benefit from a sealing statute, which will be compiled into a booklet to be distributed with our memorandum in support and other materials. Click here for additional information.
Governor's Proposed Bill #2010 to Expand Sexual Offense Registration Act (SORA): NYSACDL Opposes Governor's Proposed Bill # 2010 which would expand the number of crimes for which registration is required and the number of crimes for which Youthful Offender Adjudication ineligible as making it easier to prosecute for failure to comply with technical requirements of SORA. These proposed changes fail to take into account empirical data questioning the effectiveness of sex offender registration requirements on the safety of the community. Morover, improperly stigmatizing an offender as a "sex offender" further inhibits that individual's chances at rehabilitation and successful reintegration into society. In short, the proposed changes will not enhance public saftey. Legislative Memo, April 30, 2010
Persistent Felon Status / "Three Strikes" Law: NYSACDL opposes the effort to enact a "three strikes" law mandating a Class A-I (minimum 15 years to life, maximum 25 years to life) for anyone convicted of his or her third felony offense. Under the existing law, repeat offenders in New York State are subject to enhanced terms of incarceration while repeat violent offenders currently face life sentences. The proposed legislation removes sentencing discretion from the provence of the judiciary and provides for the harshest life sentences non-violent offenders. Legislative Memo, April 23, 2010
Strangulation and Throttling, (A10237 / S7111): NYSACDL opposes this bill which would create 2 new crimes: Throttling, a Class A misdemeanor punishable by up to 12 months incarceration and Strangulation, a Class C violent felony punishable by a mandatory minimum of 3 1/2 to 15 years. The proposed legislation is both vague and overbroad and seeks to create as new crimes conduct which is readily subject to prosecution under existing statutes. The bill raises additional concerns in proposing that acts undertaken for valid medical or dental purposes may be raised as an affirmative defense, adds strangulation to the list of designated offenses eligibe for an eavesdropping warrant, and to the list of offenses requiring DNA database profiling. Legisative Memo, April 23, 2010
Discovery Reform: NYSACDL supports Criminal Discovery Reform in New York as proposed by The Legal Aid Society. New York's current discovery rules in criminal cases which allows an accused only limited pre-trial disclosure results in "trial by ambush" and is one of the main contributing causes of wrongful convictions. Reforms proposed by Legal Aid and supported by NYSACDL include 1) expanding the scope of the information which prosecutors are required to provide; 2) mandating early disclosure with out recourse to demand, motion practice, and litigation to obtain relevant information. A time frame for reciprocal discovery by the defense would also be established; 3) sanctions for failure to automatically provide discovery. Legislative Memo, October 26, 2009
Rockefeller Reform: NYSACDL supported reform of the Rockefeller Drug Laws and continues to support legislation which will provide for the sealing of certain criminal convictions after the passage of time. Read President Craig P. Schlanger's letter to Governor Patterson
A2596 / S 5268: Statute of Limitations in Certain Sex Crimes NYSACDL opposes this bill which would increase the chances of wrongful conviction without adding meaningful protection to victims. Legislative Memo March 23, 2009
Expungement NYSACDL supports legislation providing for the expungement of criminal convictions for certain crimes after the passage of time to remove the conviction as a bar to employment, benefits, educational opportunities, and other services. Legislative Memo; Memo onFinancial Impact of Expungement Legislation, December 8, 2008
A11012: Strangulation NYSACDL opposes this bill which would create a new crime of strangulation on the grounds that it is vauge, unnecessary, and problematic on other grounds. Legislative Memo December 29, 2008
A02006 / S4306: Criminal Mischief - burden of proof NYSACDL supports this legislation which would remove from the statute the defendant's burden of proving another consented to the damage to jointly owned property. Legislative Memo May 12, 2009
A02374 / S02613: Updating Venire Pool Lists NYSACDL supports this legislation which would expand the sources for jury venire and include more minority members. Legislative Memo May 13, 2009