WEDNESDAY, APRIL 21, 2021 10:45 A.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

IN THE ABSENCE OF CLERGY, AS WE PAUSE FOR A MOMENT OF

SILENCE, LET US KEEP IN OUR THOUGHTS THE VICTIMS OF SHOOTINGS YESTERDAY

IN WEST HEMPSTEAD, THEIR FAMILIES AND THOSE WHO RESPONDED TO THEIR

PHYSICAL AND OTHER INJURIES. LET US CONTINUE TO CONTEMPLATE A WORLD

WHERE THIS VIOLENCE IS NOT A DAILY OCCURRENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

NYS ASSEMBLY APRIL 21, 2021

JOURNAL OF TUESDAY, APRIL 20TH.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO

DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY, APRIL

20TH, AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I WANT TO WELCOME COLLEAGUES BACK TO THE CHAMBERS, BOTH

THOSE WHO ARE IN THE BUILDING WITH US AND THOSE WHO ARE WITH US

REMOTELY. I WOULD LIKE TO JUST MENTION THE FACT THAT TODAY IS THE THIRD

SESSION DAY OF THE 16TH WEEK OF THE 244TH LEGISLATIVE SESSION. AND I

WANTED TO SHARE A QUOTE TODAY, MR. SPEAKER, FROM PRINCE. A VERY SHORT

ONE, BUT VERY APPROPRIATE I THINK AT ALL TIMES AND IT SIMPLY SAYS,

"COMPASSION IS AN ACTION WORD WITH NO BOUNDARIES." AGAIN THAT ONE

IS FROM PRINCE.

MEMBERS HAVE ON THEIR DESK A MAIN CALENDAR AND

AFTER WE'VE TAKEN UP ANY HOUSEKEEPING, MR. SPEAKER, WE WILL TAKE UP

THE RESOLUTIONS ON PAGE 3, WHICH SOME OF OUR COLLEAGUES WOULD LIKE TO

SPEAK. HOWEVER, OUR PRINCIPAL FOR TODAY WILL BE COMING FROM THE

MAIN CALENDAR AND IT WILL BE ON DEBATE. IT IS ON CALENDAR NO. 147 BY

MR. O'DONNELL AND CALENDAR NO. 188 BY MS. RAJKUMAR. THAT'S

BASICALLY AN OUTLINE OF WHERE WE'RE GOING TODAY, MR. SPEAKER. IF THERE

ARE ANY HOUSEKEEPING THAT YOU MAY HAVE, NOW WOULD BE A GREAT TIME.

NYS ASSEMBLY APRIL 21, 2021

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

NO HOUSEKEEPING, WE WILL GO DIRECTLY TO RESOLUTIONS.

PAGE 3, ASSEMBLY NO. 180, THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 180, MS.

JOYNER.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM APRIL 11-17, 2021, AS BLACK MATERNAL

HEALTH WEEK IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE -- SAYING AYE; OPPOSED. THE

RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 181, MS.

MCMAHON.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM APRIL 2021 AS ESOPHAGEAL CANCER

AWARENESS MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 182, MS.

HUNTER.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM APRIL 2021 AS MONTH OF THE MILITARY

CHILD IN THE STATE OF NEW YORK.

NYS ASSEMBLY APRIL 21, 2021

ACTING SPEAKER AUBRY: MS. HUNTER ON THE

RESOLUTION.

MS. HUNTER: YES, THANK YOU, MR. SPEAKER. I'M

HONORED TO SPEAK ON THIS IMPORTANT RESOLUTION HONORING THE CHILDREN OF

MILITARY FAMILIES IN OUR GREAT STATE. AS A VETERAN MYSELF, THE MONTH OF

MILITARY CHILDREN HOLDS A SPECIAL MEANING TO ME. FOUNDED IN APRIL

1986, THE MONTH WAS DEDICATED TO MILITARY CHILDREN BY FORMER DEFENSE

SECRETARY CASPAR WEINBERGER TO HIGHLIGHT THE CRUCIAL ROLE OUR YOUNGEST

PLAY IN THE ARMED FORCES COMMUNITY. THIS MONTH, HELD IN

CONJUNCTION WITH THE OBSERVANCE OF PURPLE UP DAY ON APRIL 15TH,

WHICH UNFORTUNATELY WAS PASSED, IS ALSO SPONSORED BY THE DEPARTMENT

OF DEFENSE MILITARY COMMUNITY AND FAMILY POLICY.

MORE THAN 15,000 NATIONAL GUARD AND RESERVE

SOLDIERS ARE SERVING ACROSS OUR NATION WITH OVER 44,000 MILITARY

CHILDREN LIVING IN NEW YORK STATE ALONE. DURING THIS MONTH, SCHOOLS

ARE ENCOURAGED TO HELP MILITARY CHILDREN REACH THEIR FULL POTENTIAL

ACADEMICALLY, SOCIALLY, AND MENTALLY. MANY SCHOOLS ALSO HOLD SPECIAL

EVENTS HONORING MILITARY CHILDREN TO RECOGNIZE THE SACRIFICES THEY'VE

MADE AND THE CHALLENGES THEY'VE OVERCOME. THESE GREAT SONS AND

DAUGHTERS ARE AN EXTRAORDINARY PART OF OUR NATION DUE TO THEIR

UNWAVERING SUPPORT OF THEIR MILITARY PARENTS THROUGHOUT MOVES AND

DEPLOYMENTS, SOMETIMES, MR. SPEAKER, IN THE MIDDLE OF A SCHOOL YEAR

OR EVEN BEFORE GRADUATION. PROVIDING THESE CHILDREN WITH THE

RESOURCES AND SERVICES NEEDED TO EXCEL ACADEMICALLY AND THRIVE MUST

BE A PRIORITY FOR US. MILITARY CHILDREN HAVE BROUGHT ENDURING PRIDE TO

NYS ASSEMBLY APRIL 21, 2021

THEIR FAMILY AND COMMUNITY AND I'D ENCOURAGE EVERYONE TO HONOR THEM

DURING THIS VERY SPECIAL TIME. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MS.

HUNTER.

MR. ASHBY ON THE RESOLUTION.

MR. ASHBY: THANK YOU, MR. SPEAKER. I'D LIKE TO

THANK THE SPONSOR OF THIS RESOLUTION FOR BRINGING IT FORWARD TODAY AND

REALLY, WE HAVE TO ACKNOWLEDGE THE SACRED BOND THAT WE HAVE WITH OUR

MILITARY CHILDREN THAT'S BEEN CASTED IN SERVICE AND BORN THROUGH THEIR

SACRIFICES. THERE HAVE BEEN MILESTONES MET AND THEN MISSED, FIRST

STEPS, FIRST WORDS, BIRTHDAYS, BUT THERE SUCCESS IS OFTEN A GRACE THAT

BINDS FAMILIES AND STABILIZES THEM DURING TIMES OF SEVERE HARDSHIP,

EVEN DURING TRIALS OF MILITARY LIFE, WHICH INCLUDES DEATH, DIVORCE,

ADDICTION, AND ISOLATION. AND OFTENTIMES, THESE EFFECTS OF THESE

EXPERIENCES CAN REMAIN AFTER OUR TIME IN THE MILITARY, BUT THE

PERSEVERANCE AND UNCONDITIONAL LOVE DISPLAYED BY OUR CHILDREN

CONTINUES TO SHOW US THE VALUE OF SERVICE AND SACRIFICE TO OUR GREAT

NATION. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU SO MUCH.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 183, MS.

SEAWRIGHT.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM APRIL 2021 AS POETRY MONTH IN THE

NYS ASSEMBLY APRIL 21, 2021

STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MS. SEAWRIGHT ON THE

RESOLUTION.

MS. SEAWRIGHT: THANK YOU FOR ALLOWING ME TO

RISE AND EXPLAIN MY VOTE ON THIS RESOLUTION RECOGNIZING APRIL 2021 AS

POETRY MONTH IN THE STATE OF NEW YORK. IT'S SO IMPORTANT FOR US TO

RECOGNIZE THE EXTRAORDINARY LEGACY OF AMERICAN POETRY, PROMOTE THE

WORKS OF MODERN POETS, AND THE IMPORTANCE OF POETRY IN CHILDREN'S

EDUCATION. I WOULD ESPECIALLY LIKE TO RECOGNIZE THE LATE FLORENCE

HOWE, WHO WAS A NATIVE NEW YORKER, A GRADUATE OF HUNTER COLLEGE, A

CHAMPION OF THE WOMEN'S LIBERATION MOVEMENT, AND THE FOUNDER OF

THE FEMINIST PRESS, WHICH MADE AVAILABLE A LEGACY OF WRITINGS BY AND

ABOUT WOMEN. SHE PROMOTED REPUBLISHING THE WORKS OF AUTHORS,

INCLUDING ZORA NEALE HURSTON, ALICE WALKER. NEW YORK IS HOME TO

SOME OF THE MOST IMPORTANT POETS, WALT WHITMAN, LANGSTON HUGHES,

ALAN GINSBERG, AUDRE LORDE AND EILEEN MYLES. AS THE BIRTHPLACE OF

THE NEW YORK SCHOOL OF POETS IN THE 1960S, NEW YORK IS HOME TO A

MOVEMENT LIKE NO OTHER THAT REVOLUTIONIZED THIS ART FORM. POETRY AND

ACTIVISM HAVE ALWAYS CONVERGED IN HISTORY DURING THE ABOLITION,

SUFFRAGE, SEXUAL LIBERATION, AND CIVIL RIGHTS MOVEMENTS. WE OWE

THESE POETS A DEBT OF GRATITUDE AND THEY SHOULD BE RECOGNIZED BY THE

STATE OF NEW YORK. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU. ON THE

RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE

RESOLUTION IS ADOPTED.

NYS ASSEMBLY APRIL 21, 2021

THE CLERK: ASSEMBLY RESOLUTION NO. 184, MS.

WALSH.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM APRIL 11-17, 2021, AS PUBLIC SAFETY

TELECOMMUNICATORS WEEK IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

PAGE 12, CALENDAR NO. 147, THE CLERK WILL READ.

THE CLERK: SENATE NO. S00830-B, CALENDAR NO.

147, SENATOR COMRIE (O'DONNELL, WALKER, WEPRIN, CARROLL,

JEAN-PIERRE, QUART, GOTTFRIED, BARRON, L. ROSENTHAL, SIMON, DINOWITZ,

DE LA ROSA, ABINANTI, SEAWRIGHT, ROZIC, PERRY, NIOU, EPSTEIN, CRUZ,

FERNANDEZ, BICHOTTE HERMELYN, ANDERSON, KELLES, GALLAGHER,

JACOBSON, BURGOS, FORREST, OTIS, MAMDANI, JACKSON, DICKENS, MEEKS,

CLARK, MITAYNES, SAYEGH, COOK, GONZÁLEZ-ROJAS, TAYLOR, MCDONALD,

DARLING, ZINERMAN, BURDICK, BENEDETTO, PEOPLES-STOKES--A04448-A).

AN ACT TO AMEND THE ELECTION LAW, THE CRIMINAL PROCEDURE LAW, THE

EXECUTIVE LAW, AND THE CORRECTION LAW, IN RELATION TO VOTING BY

FORMERLY INCARCERATED INDIVIDUALS CONVICTED OF A FELONY; AND TO REPEAL

CERTAIN PROVISIONS OF THE ELECTION LAW RELATING THERETO.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. O'DONNELL.

MR. O'DONNELL: GOOD MORNING, EVERYONE; THANK

YOU. THIS IS A BILL THAT I ORIGINALLY WROTE IN 2005. IT WOULD -- IT'S BOTH

NYS ASSEMBLY APRIL 21, 2021

A NOTICE PROVISION AS WELL AS AN AUTOMATIC RESTORATION OF VOTING RIGHTS

UPON RELEASE FROM PRISON OR JAIL. IT REQUIRES DOCS TO GIVE SOMEONE A

REGISTRATION FORM WHEN THEY ARE RELEASED. IT REQUIRES THAT DEFENDANTS

WHEN BEING PROSECUTED ARE VERIFIED THAT WHILE THEY ARE INCARCERATED,

THEY DO NOT HAVE THE RIGHT TO VOTE BUT UPON RELEASE, THEY WILL BE

ELIGIBLE TO VOTE WHEN THEY ARE RELEASED. THIS IS A TREND THROUGHOUT THE

NATION. COLORADO, CALIFORNIA, NEVADA, NEW JERSEY AND WASHINGTON

STATE HAVE ALL DONE THAT. OTHER LEGISLATION IS PENDING, INCLUDING AT THE

FEDERAL LEVEL, WHICH WOULD MAKE IT A FEDERAL RIGHT TO VOTE IN FEDERAL

ELECTIONS.

PART OF THE REASON THIS IS NECESSARY IS THAT PEOPLE HAVE

MISCONCEPTIONS ABOUT WHAT PAROLE IS. IT WAS MOSTLY A PUBLIC RELATIONS

BATTLE. IF YOU ASK PEOPLE DO YOU THINK PEOPLE SHOULD BE PAROLED, THEY

WILL SAY NO, BUT IF YOU ASK THEM DO YOU THINK SOMEONE SHOULD BE

SUPERVISED WHEN THEY ARE RELEASED FROM PRISON, THEY WOULD SAY YES.

DO YOU THINK THEY SHOULD BE EMPLOYED, THEY WOULD SAY YES. DO YOU

THINK THEY SHOULD BE FREE FROM DRUGS AND ALCOHOL, THEY WOULD SAY YES.

THEY'RE NOT REALLY AWARE HOW STRICT PAROLE IS. YOU ARE SUBJECT TO

RANDOM DRUGS TEST, YOU ARE SUBJECT TO RANDOM INSPECTION OF YOUR HOME

24 HOURS A DAY TO MAKE SURE THAT YOU ARE LIVING A CLEAN LIFE. AND SO

THE REALITY IS IF YOU ARE SUCCESSFUL ON PAROLE, YOU ARE LIVING A

LAW-ABIDING LIFE, AND THOSE PEOPLE WHO ARE LIVING A LAW-ABIDING LIFE

SHOULD NOT BE DISENFRANCHISED FROM VOTING IF -- BECAUSE THEY HAD BEEN

CONVICTED BEFORE.

ADDITIONALLY, REGARDING RECIDIVISM, AMONG PEOPLE

NYS ASSEMBLY APRIL 21, 2021

WHO ARE RELEASED FROM PRISON, 27 PERCENT OF PEOPLE WHO ARE RELEASED

WHO ARE NOT VOTERS WERE REARRESTED, COMPARED TO ONLY 12 PERCENT OF

PEOPLE WHO WERE VOTERS. AND SO IT IS A VERY IMPORTANT STEP, I BELIEVE,

OF THE REINTEGRATION INTO SOCIETY, AND IT HAS -- THE STATISTICS HAS BORNE IT

OUT. SO THIS BILL WOULD RESTORE THE RIGHTS OF PEOPLE WHO HAVE BEEN

CONVICTED AND WERE GIVEN PROBATION AND/OR WERE IN PRISON AND THEN

RELEASED. THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: THANK YOU.

MR. NORRIS.

MR. NORRIS: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MR. O'DONNELL, WILL

YOU YIELD?

MR. O'DONNELL: FOR YOU, MICHAEL, ANYTHING.

ACTING SPEAKER AUBRY: MR. O'DONNELL

YIELDS.

MR. NORRIS: THANK YOU, MR. O'DONNELL. DANNY,

MY QUESTION FOR YOU IS RIGHT NOW UNDER THE CURRENT STATUS, I UNDERSTAND

THE GOVERNOR DID THREE OR FOUR YEARS AGO PUT AN EXECUTIVE ORDER THAT

ALLOWED THE PAROLEES TO VOTE CURRENTLY, BUT IT'S NOT IN STATUTE. BUT

BEYOND THAT, WHEN YOU'RE CONVICTED OF A FELONY IN NEW YORK STATE,

WHEN ARE YOU NOT ABLE TO VOTE CURRENTLY?

MR. O'DONNELL: WHEN YOU ARE A VISITOR OF THE

STATE OF NEW YORK IN A JAIL OR CORRECTIONAL FACILITY.

MR. NORRIS: OKAY. AND THEN IN TERMS OF BEYOND

NYS ASSEMBLY APRIL 21, 2021

THAT, IF SOMEONE IS SENTENCED TO PRISON AND THEN THEY ACTUALLY ARE GIVEN

PAROLE, WOULD YOU BELIEVE THAT THAT IS PART OF THE SENTENCE? I MEAN, THE

TRADITIONAL STANDPOINT IS WHEN YOU'RE ON PAROLE YOU ARE STILL PART OF

YOUR SENTENCE.

MR. O'DONNELL: THAT IS CORRECT. WE NOW CALL IT

COMMUNITY SUPERVISION BUT, YES, IT IS PART OF THE SENTENCE AND THE RULES

OF COMMUNITY SUPERVISION ARE VERY STRICT.

MR. NORRIS: OKAY. SO -- SO I JUST WANT TO MAKE

SURE, I THINK THERE MIGHT BE A PHILOSOPHICAL DIFFERENCE JUST BETWEEN THE

POSITIONS THAT GIVE OUR CONFERENCE AND YOUR CONFERENCE, BUT IT WOULD

BE PART OF THE SENTENCE. I MEAN, WHAT THEY'RE ALLOWING THEM TO DO, THE

PAROLE BOARD, IS TO ACTUALLY ALLOW THEM TO SERVE THEIR SENTENCE AS PART

OF THE COMMUNITY, UNDER SUPERVISION, COMPARED TO BEING WITHIN THE

PRISON SYSTEM. NOW IN TERMS OF NOTICE, IN TERMS OF THE NOTICE, WHAT

NOTICE IS GIVEN TO THE DEFENDANT WHEN THEY ARE ACTUALLY GIVEN THE

PRISON TERM ABOUT THEIR VOTING RIGHTS CURRENTLY?

MR. O'DONNELL: NONE.

MR. NORRIS: NONE, OKAY.

MR. O'DONNELL: WELL, LET ME REPHRASE THAT, MR.

NORRIS. NONE IS REQUIRED. THIS BILL WOULD MAKE IT A REQUIREMENT THAT

THE COURT GIVE THE NOTICE.

MR. NORRIS: OKAY. AND THEN WHAT TYPE OF NOTICE

IS GIVEN TO THE BOARD OF ELECTIONS IF SOMEONE IS IN VIOLATION OF PAROLE

AND THEN TO BE REMOVED FROM THE VOTING ROLLS UNDER THE CURRENT

SITUATION BECAUSE OF THE GOVERNOR'S EXECUTIVE ORDER?

NYS ASSEMBLY APRIL 21, 2021

MR. O'DONNELL: I'M UNAWARE OF WHAT THE

GOVERNOR'S EXECUTIVE ORDER DOES WITH PEOPLE WHO -- NOTIFICATION TO

THE BOARD OF ELECTIONS; HOWEVER, PEOPLE WHO ARE ON SUPERVISION,

HAVING BEEN IN STATE PRISON, IF THEY ARE VIOLATED FOR BEING ON PAROLE, AS

YOU CALL IT, THEY ARE NO LONGER LIVING ON THE STREETS, THEY ARE PUT BACK IN

AND IF YOU'RE IN, YOU'RE NOT ELIGIBLE TO VOTE. SO I DON'T REALLY PERCEIVE

ANYONE GOING BACK TO ATTICA AND THEM GIVING THEM A BUS TICKET TO GO

TO THEIR HOMETOWN TO VOTE.

MR. NORRIS: I GUESS THEORETICALLY THEY COULD TRY TO

GET AN ABSENTEE BALLOT.

MR. O'DONNELL: WELL, I'M NOT REALLY SURE WITH AN

ABSENTEE BALLOT -- WE EVEN HAVE PROBLEMS WITH GETTING PEOPLE WHO LIVE

IN THEIR OWN HOME ABSENTEE BALLOTS, I'M NOT SURE ONE'S GOING TO GET TO

SOMEBODY WHO'S A PRISONER AT ATTICA, BUT I COULD BE WRONG.

MR. NORRIS: OKAY. JUST IN TERMS OF THE NOTICE

PROVISION, THOUGH, RIGHT NOW THERE IS -- THROUGH YOUR INFORMATION,

THERE'S NO NOTICE PROVISION TO THE BOARD OF ELECTIONS IF SOMEONE

VIOLATES PAROLE AND THEN IS INELIGIBLE TO VOTE AGAIN UNDER THE

GOVERNOR'S EXECUTIVE ORDER.

MR. O'DONNELL: WELL, THEY'RE INELIGIBLE

WHENEVER -- IF THEY'RE IN. IF THEY'RE IN, THEY'RE INELIGIBLE, THAT'S CORRECT.

MR. NORRIS: OKAY. BUT IF THEY CAME OUT AND THEN

THEY WENT BACK IN BECAUSE THEY VIOLATED, WE DON'T KNOW IF THERE'S

ACTUALLY A NOTICE PROVISION TO THE BOARD OF ELECTIONS TO NOTIFY THEM TO

REMOVE THEM FROM THE ROLLS.

NYS ASSEMBLY APRIL 21, 2021

MR. O'DONNELL: I DO NOT -- I'M NOT AWARE OF THAT,

BUT IT HAS THE LOGISTICAL PROBLEM THAT I MENTIONED BEFORE.

MR. NORRIS: OKAY. SO IT'S MY UNDERSTANDING THAT

SINCE THE GOVERNOR'S EXECUTIVE ORDER, 60,000 PEOPLE HAVE BEEN

GRANTED PAROLE SINCE 2018, AND 10,000 PEOPLE HAVE ACTUALLY VIOLATED

THAT PAROLE IN SOME WAY SINCE THAT EXECUTIVE ORDER'S BEEN PUT IN

PLACE. SO THAT'S WHY I'M SO CONCERNED ABOUT MAKING SURE THAT THERE IS

A NOTICE PROVISION TO THE BOARD OF ELECTIONS. I -- I SEE THAT YOU HAVE

MANY NOTICE PROVISIONS TO THE ACTUAL DEFENDANT, OR THE PERSON WHO'S IN

PRISON COMING OUT NOW ON PAROLE, BUT THERE WAS NO PROVISION THERE FOR

THE -- THE BOARD OF ELECTIONS, AND I'M VERY CONCERNED ABOUT THAT.

MR. O'DONNELL, THANK YOU FOR ANSWERING MY

QUESTIONS, AND I WOULD LIKE TO JUST GO ON THE BILL, PLEASE.

ACTING SPEAKER AUBRY: ON THE BILL, MR. --

MR. O'DONNELL: IT WAS MY PLEASURE, MICHAEL.

MR. NORRIS: THANK YOU.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

NORRIS.

MR. NORRIS: THANK YOU, MR. SPEAKER. I JUST

BELIEVE HERE, AS I ASKED MR. O'DONNELL PREVIOUSLY, IS WHETHER OR NOT

THE INDIVIDUAL, WHEN THEY'RE GRANTED PAROLE, IS STILL SERVING THEIR

SENTENCE, AND THEY ARE, THEY'RE JUST SERVING THEIR SENTENCE IN THE

COMMUNITY FOR THAT PERIOD OF TIME. IF THEY VIOLATE ANY OF THE

CONDITIONS OF THE PAROLE, THEN THEY WILL GO BACK TO PRISON BECAUSE THEY

ARE STILL UNDER THAT SENTENCE. AND I BELIEVE VERY STRONGLY THAT IN NEW

NYS ASSEMBLY APRIL 21, 2021

YORK STATE RIGHT NOW, THE ONLY WAY THAT YOU ARE NOT ABLE TO VOTE WHEN

YOU'RE CONVICTED OF A FELONY IS IF YOU'RE IN PRISON AND ON PAROLE.

THERE'S A MISNOMER OUT THERE IF YOU'RE ON PROBATION, IF YOU'VE BEEN

CONVICTED OF A FELONY BEFORE AND YOU'RE OUT OF PRISON AND OFF PAROLE,

THOSE INDIVIDUALS CAN VOTE IN NEW YORK AND THEY'VE BEEN ABLE TO VOTE

LIKE THAT FOR MANY, MANY YEARS. I JUST KNOW THIS BEING A FORMER

ELECTION'S COMMISSIONER. THE ONLY TIME A FELON CANNOT VOTE IS IF

THEY'RE IN PRISON OR IF THEY'RE ACTUALLY IN PAROLE, WHICH IS PART OF THEIR

SENTENCE.

SO I JUST BELIEVE STRONGLY THAT WE KNOW THAT 10,000

PEOPLE OUT OF 60,000 SINCE THE GOVERNOR'S EXECUTIVE ORDER WAS PUT

INTO EFFECT HAVE VIOLATED THE PAROLE. I'M VERY CONCERNED THAT THERE IS

NO NOTICE PROVISION WITHIN THIS STATUTE TO NOTIFY THE BOARD OF ELECTIONS

OF THE SITUATION THAT THEY'VE VIOLATED THAT PAROLE AND, IN THEORY, COULD

STILL OBTAIN AN ABSENTEE BALLOT. MAYBE SOMEONE COULD APPLY FOR AN

ABSENTEE BALLOT ON BEHALF OF THEM. SO I AM VERY CONCERNED ABOUT THAT.

I'M ALSO CONCERNED THAT PEOPLE HAVE GOT TO BE RESPONSIBLE FOR THEIR

ACTIONS AND THERE HAVE TO BE PENALTIES, AND AS PART OF THE PENALTIES IN

TERMS OF SOMEONE GOING TO PRISON AND THEN BEING ON PAROLE, INCLUDES

THEIR LOSS OF THE RIGHT TO VOTE DURING THAT PERIOD OF TIME. BECAUSE

WHEN SOMEONE HAS ACTIONS, THERE SHOULD BE CONSEQUENCES FOR THOSE

ACTIONS.

SO BECAUSE OF THAT, I URGE MY COLLEAGUES TO PLEASE

VOTE AGAINST THIS BILL AND I WILL NOW, MR. SPEAKER, END THIS DISCUSSION

AND TURN IT BACK OVER TO YOU FOR THE NEXT SPEAKER. AND WITH THAT, I WILL

NYS ASSEMBLY APRIL 21, 2021

BE VOTING IN THE NEGATIVE, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. LAWLER.

MR. LAWLER: THANK YOU, MR. SPEAKER, I

APPRECIATE IT. WILL THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. O'DONNELL, WILL

YOU YIELD?

MR. O'DONNELL: FOR YOU, MICHAEL, YES I WILL.

MR. LAWLER: THANK YOU, SIR. IT'S NICE TO -- NICE TO

SEE YOU.

MR. O'DONNELL: I LIKE YOUR OFFICE SETUP, IT LOOKS

VERY NICE. I'M IN MY LIVING ROOM, BUT...

MR. LAWLER: THANK YOU. THANK YOU. I INHERITED

MY -- MY PREDECESSOR'S WALL PAINT, BUT OTHERWISE IT'S ALL GOOD.

UNDER THE CURRENT LAW, WOULD SOMEONE ON PROBATION

BE ELIGIBLE TO VOTE?

MR. O'DONNELL: THAT IS A DIFFICULT QUESTION.

HISTORICALLY THERE WAS A TIME WHEN THEY LEFT IT TO THE COUNTIES AND SO, I

HAVE -- IN 1931 THEY CHANGED THE LAW AND IN 1971 THEY CHANGED IT

AGAIN TO ALLOW THE RESTORATION OF RIGHTS FOR THOSE ON PROBATION. ONE OF

THE REASONS WHY THIS BILL IS NECESSARY, I BELIEVE, IS THAT THERE'S GREAT

CONFUSION AS TO THOSE SUBJECTS, BOTH AMONG BOARD OF ELECTIONS AS WELL

AS AMONG THE POPULOUS. AND AS A PERSON WHO LIVES IN A FAIRLY CROWDED

PART OF THE STATE, WHEN I GO OUT AND CAMPAIGN, I'M REGULARLY TOLD, I'M

NOT ALLOWED TO VOTE BECAUSE I HAVE A FELONY CONVICTION, AND SO THIS

NYS ASSEMBLY APRIL 21, 2021

MAKES IT CLEAR THAT WHILE YOU'RE ON THE STREET, YOU'RE ALLOWED TO VOTE.

MR. LAWLER: OKAY. I DO BELIEVE UNDER CURRENT

LAW SOMEBODY ON PROBATION IS ELIGIBLE TO VOTE. UNDER THE CURRENT LAW,

SOMEBODY ON PAROLE IS NOT ELIGIBLE TO VOTE. SO JUST TO CLARIFY, YOUR BILL

WOULD ALLOW SOMEBODY ON PAROLE THE RIGHT TO VOTE, CORRECT?

MR. O'DONNELL: THAT IS CORRECT.

MR. LAWLER: OKAY.

MR. O'DONNELL: ALSO IT WILL CLARIFY THAT PEOPLE

ON PROBATION ALSO HAVE THE RIGHT TO VOTE.

MR. LAWLER: OKAY. UNDER THE CURRENT LAW WHEN

SOMEONE COMPLETES THEIR MAXIMUM SENTENCE, IS DISCHARGED FROM

PAROLE OR IS PARDONED, THEY ARE ELIGIBLE TO VOTE, CORRECT?

MR. O'DONNELL: CORRECT.

MR. LAWLER: OKAY. SHIFTING GEARS. DO YOU

BELIEVE THERE'S A DIFFERENCE BETWEEN SOMEBODY WHO COMMITS A, SAY,

LOW-LEVEL NONVIOLENT DRUG OFFENSE AND SOMEONE WHO COMMITS FIRST

DEGREE MURDER, OR FIRST DEGREE SEXUAL ASSAULT? IS THERE -- IS THERE A

DIFFERENCE IN YOUR BILL? DOES YOUR BILL TAKE INTO CONSIDERATION ANY

DIFFERENCE IN THE CRIME?

MR. O'DONNELL: IT DOES NOT. I LEAVE THAT TO

PAROLE AND COMMUNITY SUPERVISION. WHO GETS PAROLED IS A

COMBINATION OF WHAT THEIR HISTORY WAS AS A HUMAN BEING, WHAT THEIR

HISTORY AS A HUMAN BEING IN THE PRISON SYSTEM WAS, AND THE NATURE OF

THE OFFENSE. AND SO I DON'T TELL THEM WHO SHOULD AND SHOULD NOT BE

RELEASED ON PAROLE, BUT ONCE THEY ARE, THEY SHOULD HAVE THEIR VOTING

NYS ASSEMBLY APRIL 21, 2021

RIGHTS RESTORED.

MR. LAWLER: OKAY. SO UNDER YOUR BILL IF A

LOW-LEVEL DRUG OFFENDER AND, SIMULTANEOUSLY, A CHILD RAPIST WERE BOTH

RELEASED ON PAROLE BY OCTOBER 8TH OF THIS YEAR, THEY WOULD BE ELIGIBLE

TO REGISTER TO VOTE FOR ELECTION DAY.

MR. O'DONNELL: SOMETIMES I WONDER IF YOUR

QUESTIONS ARE FACT QUESTIONS OR FICTITIOUS QUESTIONS. SO I, AS A PERSON

WHO HAS BEEN FOLLOWING THIS FOR MY ENTIRE POLITICAL CAREER AND WAS THE

CORRECTIONS CHAIR FOR A VERY LONG TIME, AM UNAWARE OF ANY CHILD RAPIST

WHO HAS BEEN RELEASED ON PAROLE WITHOUT BEING REQUIRED TO DO SO BY

THE NATURE OF THEIR SENTENCE. SO NOT EVERYONE WHO GETS OUT OF JAIL IS

RELEASED -- EXCUSE ME. NOT EVERYONE WHO GET OUT OF PRISON IS RELEASED

FROM PRISON BASED ON A DISCRETIONARY DECISION OF THE BOARD OF PAROLE.

THAT'S NOT CORRECT. THERE ARE PEOPLE WHO GET SENTENCED TO A SPECIFIC

PERIOD OF TIME AND THE TIME HAS EXPIRED. SO IT USED TO BE, WHEN I

PRACTICED, THAT YOU WOULD GET TWO NUMBERS, FIVE TO 15, 12 TO 25,

WHATEVER. NOW WE DON'T DO THAT. WE GAVE A FIRM TERM, 10 YEARS, AND

THEN AT THE TIME OF SENTENCING, THE SENTENCE IN COURT ISSUES A PERIOD OF

SUPERVISION AFTER THE PRISON -- INITIAL PRISON SENTENCE. THEY'RE NOT

RELEASED FROM PAROLE BY A DISCRETIONARY PAROLE BOARD. THEY'RE RELEASED

BECAUSE THEY DID THEIR FULL 10 YEARS.

MR. LAWLER: OKAY. FORTUNATELY, TO ANSWER YOUR

QUESTION, I DO HAVE A FACTUAL CASE FOR YOU.

MR. O'DONNELL: GOOD.

MR. LAWLER: ON THE BILL, MR. SPEAKER.

NYS ASSEMBLY APRIL 21, 2021

ACTING SPEAKER AUBRY: ON THE BILL, MR.

LAWLER.

MR. LAWLER: THANK YOU. MR. SPEAKER, THIS YEAR

MARKS THE 40TH ANNIVERSARY OF THE 1981 BRINKS ROBBERY THAT TOOK PLACE

IN ROCKLAND COUNTY WHERE I LIVE. TEN INDIVIDUALS FROM THE BLA AND

THE WEATHER UNDERGROUND STOLE $1.6 MILLION AND MURDERED THREE

INDIVIDUALS, SECURITY GUARD PETER PAIGE, NYACK POLICE SERGEANT

EDWARD O'GRADY AND NYACK POLICE OFFICER WAVERLY BROWN. IN

ADDITION, THEY SERIOUSLY INJURED SECURITY GUARDS JOSEPH TROMBINO AND

JAMES KELLY, AND POLICE DETECTIVE ARTIE KEENAN. IT WAS A HORRIFIC,

VIOLENT CRIME THAT DESTROYED MANY LIVES AND LEFT A DEVASTATING IMPACT

ON MY COMMUNITY. MR. SPEAKER, EVERY YEAR ON OCTOBER 20TH, MY

COMMUNITY COMES TOGETHER TO REMEMBER THE LIVES OF PETER PAIGE,

EDWARD O'GRADY AND WAVERLY BROWN AND TO LIFT THEIR FAMILIES UP IN

PRAYER. IT'S BIPARTISAN. OVER FOUR YEARS AGO, GOVERNOR CUOMO

COMMUTED THE SENTENCE OF JUDITH CLARK, AND TWO YEARS AGO, SHE WAS

RELEASED ON PAROLE. THAT JUDITH CLARK WOULD BE GIVEN THE RIGHT TO VOTE

AFTER PARTICIPATING IN THE DEATH OF TWO POLICE OFFICERS AND A SECURITY

GUARD IS NOT ONLY SHAMEFUL, IT'S A SLAP IN THE FACE TO THE FAMILIES WHO

LOST THEIR LOVED ONES THAT DAY.

THIS YEAR ALSO MARKS THE 41ST ANNIVERSARY OF THE RAPE

AND MURDER OF 16-YEAR-OLD TEENAGER PAULA BOHOVESKY OF PEARL RIVER

WHERE I LIVE. ON OCTOBER 28, 1980, 16-YEAR-OLD PAULA BOHOVESKY WAS

WALKING HOME FROM HER JOB AT THE PEARL RIVER LIBRARY WHEN SHE WAS

STALKED, ATTACKED, RAPED, AND MURDERED BY ROBERT MCCAIN AND RICHARD

NYS ASSEMBLY APRIL 21, 2021

LABARBERA. MCCAIN DRAGGED PAULA INTO THE BACKYARD OF A HOUSE ON

MAIN STREET, STRUCK HER IN THE HEAD WITH A CHUNK OF CONCRETE, BEAT HER,

TRIED TO ASSAULT HER SEXUALLY. HIS PARTNER IN CRIME, RICHARD LABARBERA,

ALSO TRIED A SEX ACT. AND WHEN PAULA SHOWED SIGNS OF LIFE, HE STABBED

HER REPEATEDLY. PAULA SUFFERED PAINFULLY DURING HER ATTEMPT TO ESCAPE,

BUT DIED BEATEN, STABBED, AND DEHUMANIZED. THE MEDICAL EXAMINER

EXPRESSED THAT THE BRUTALITY WAS AMONGST THE WORST HE HAD EVER SEEN.

PAULA DIED IN A POOL OF HER BLOOD RETURNING HOME FROM HER JOB AT A

LOCAL LIBRARY AND TO THIS DAY, THERE HAS BEEN NO REPENTANCE OR APOLOGY

FROM THE KILLERS. IN 2019, RICHARD LABARBERA WAS RELEASED ON PAROLE

AND SUBSEQUENTLY VIOLATED THAT PAROLE WITHIN TWO WEEKS. HE WENT

BACK TO PRISON AND THEN WAS RELEASED AGAIN ON PAROLE LAST YEAR. ROBERT

MCCAIN IS UP FOR PAROLE THIS JUNE.

ARE THESE THE KINDS OF PEOPLE WE REALLY WANT TO GIVE

VOTING RIGHTS TO? THE KINDS OF PEOPLE WE WANT DETERMINING THE LAWS

THAT GOVERN OUR SOCIETY? I ASK EVERY MEMBER OF THIS BODY, SHOULD

SOMEONE WHO RAPED AND KILLED A CHILD WITH HER WHOLE LIFE AHEAD OF HER

HAVE THE RIGHT TO CAST A BALLOT, OR SHOULD WE, AS A LEGISLATURE, ADMIT

THAT THERE ARE SOME CRIMINALS WHO DON'T DESERVE THE RIGHT TO VOTE UNTIL

THEIR SENTENCE IS COMPLETE. AND YES, WHEN YOU ARE ON PAROLE, THAT'S

PART OF YOUR SENTENCE. THAT SOME ACTS ARE SO HEINOUS THAT THE ENTIRE

SENTENCE, INCLUDING THE PAROLE, MUST BE SERVED BEFORE WE CONSIDER

GIVING THE PERPETRATOR OF THOSE CRIMES THE RIGHT TO VOTE.

I'VE INTRODUCED LEGISLATION CALLED PAULA'S LAW, WHICH

WOULD MAKE IT SO THAT ANYONE WHO SEXUALLY ASSAULTS AND MURDERS A

NYS ASSEMBLY APRIL 21, 2021

CHILD UNDER THE AGE OF 18 IS NEVER ELIGIBLE FOR PAROLE. THAT'S COMMON

SENSE. THAT WE WOULD EVEN CONSIDER GIVING THAT PERSON THE RIGHT TO

VOTE IS ABSOLUTELY ABHORRENT. SO THIS IS A SIMPLE PLEAD FOR COMMON

SENSE AND I URGE MY COLLEAGUES TO REJECT THIS BILL AND AMEND IT TO

RECOGNIZE THAT THERE IS A DIFFERENCE BETWEEN LOW-LEVEL NONVIOLENT DRUG

OFFENDERS AND SOMEONE WHO RAPES AND MURDERS A CHILD. THERE'S A

DIFFERENCE. SOME CRIMES ARE JUST TOO MUCH. AND THE FACT THAT THIS BILL

DOES NOT RECOGNIZE THAT IS SCARY. WE HAVE A PAROLE BOARD THAT COULD

CARE LESS. I -- I APPRECIATE THE SPONSOR SAYING THAT, WELL, WE LEAVE IT TO

THE PAROLE BOARD TO DECIDE. WELL, WE'VE SEEN WHAT THIS PAROLE BOARD

IS DECIDING. THEY'RE LETTING EVERYBODY AND ANYBODY OUT OF PRISON

UNDER THE GUISE THAT, WELL, IT'S BETTER FOR THEM TO BE REHABILITATED ON

THE OUTSIDE THAN ON THE INSIDE. SOME PEOPLE JUST DON'T BELONG BACK ON

THE STREETS. RAPING AND MURDERING A CHILD SHOULD BE ONE OF THOSE

CRIMES THAT WE SAY YOU KNOW WHAT, YOU DON'T BELONG BACK ON THE

STREETS, LET ALONE HAVE THE RIGHT TO VOTE. YOU KNOW, THIS BODY PASSED

CASH BAIL SEVERAL YEARS AGO AND HAD TO COME BACK AND FIX IT BECAUSE OF

THE LIST OF CRIMES THAT PEOPLE WERE BEING RELEASED WITH CASH BAIL. LET'S

NOT MAKE THE SAME MISTAKE, LET'S FIX THIS NOW. DIFFERENTIATE BETWEEN

SOME OF THE CRIMES.

AND FINALLY, LET ME LEAVE YOU WITH THIS. THERE ARE

FOUR PEOPLE WHO WILL NEVER GET THE RIGHT TO VOTE: PETER PAIGE, OFFICER

WAVERLY BROWN, SERGEANT EDWARD O'GRADY, AND PAULA BOHOVESKY. SO

TODAY, MR. SPEAKER, I WILL CAST MY VOTE IN THEIR HONOR. MR. SPEAKER, I

VOTE NO.

NYS ASSEMBLY APRIL 21, 2021

ACTING SPEAKER AUBRY: MR. EPSTEIN.

MR. EPSTEIN: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. EPSTEIN: I JUST REALLY WANT TO APPLAUD THE

SPONSOR FOR TAKING THE EFFORT HE HAS TO GET THIS BILL ACROSS THE FINISH

LINE. THIS IS A -- A -- THIS IS AN IMPORTANT STEP. WE HAVE TO RECOGNIZE

THAT A RIGHT TO VOTE IS A CRITICAL PIECE OF OUR DEMOCRACY. WE'VE

EXCLUDED, OVER THE DECADES, MILLIONS OF PEOPLE WHO NEED TO HAVE

IMPACT ON OUR GOVERNMENT. THEY NEED TO SAY WHAT THE RIGHTS ARE FOR

PEOPLE WHO ARE INCARCERATED. THEY NEED TO TELL US THE STRUGGLES, THEY

NEED TO BE ABLE TO VOTE AND BE A PART OF THIS SYSTEM. WE HAVE A

CORRECTIONS DEPARTMENT THAT FOCUSES ON CORRECTIONS, AND UNLIKE THE

PRIOR SPEAKER, I DON'T THINK THERE'S ANYTHING THAT WOULD TAKE SOMEONE'S

RIGHT TO VOTE AWAY. SOMEONE'S INCARCERATED, THEY ARE STILL HUMAN

BEINGS, THEY ARE STILL ADULTS, THEY ARE STILL MEMBERS OF NEW YORK, THEY

ARE STILL MEMBERS OF SOCIETY. PEOPLE DO REALLY TERRIBLE THINGS, BUT THAT

DOESN'T MEAN OUR GOVERNMENT HAS TO RESPOND IN KIND. THAT DOESN'T

MEAN OUR GOVERNMENT HAS TO SAY, YOU ARE LESS THAN HUMAN BECAUSE

YOU DO NOT HAVE A RIGHT TO VOTE. NOW I'M NOT SAYING THAT WHAT THINGS

THAT PEOPLE HAVE DONE AREN'T TERRIBLE, SOME PEOPLE DO. BUT WHAT I'M

SAYING IS OUR GOVERNMENT NEEDS TO BELIEVE IN RESTORATIVE JUSTICE. OUR

GOVERNMENT NEEDS TO BELIEVE IN CORRECTIONS. OUR GOVERNMENT NEEDS TO

BELIEVE THAT PEOPLE HAVE A SAY IN THEIR SOCIETY, AND TAKING AWAY

PEOPLE'S FUNDAMENTAL RIGHT TO VOTE SHOULD NOT BE ONE.

NYS ASSEMBLY APRIL 21, 2021

WE NEED TO MOVE IN THIS DIRECTION. WE NEED TO GIVE

PEOPLE ON PAROLE, ON PROBATION THE RIGHT TO VOTE. WE NEED TO DO MORE.

THIS BILL IS AN IMPORTANT STEP IN THAT DIRECTION. THIS IS NOT ABOUT THE

CRIME, THIS IS ABOUT WHAT HAPPENS TO PEOPLE IN OUR SOCIETY. THIS IS

ABOUT HOW THEY SPEAK TO THEIR REPRESENTATIVE. THIS IS ABOUT HAVING A

VOICE. IF WE TELL THE THOUSANDS OF PEOPLE WHO HAVE BEEN ON PAROLE

THEY DON'T HAVE A VOICE, WHY WILL THEY ENGAGE IN SOCIETY? WHY WILL

THEY BE A PART OF THIS SYSTEM? WHY WOULD THEY UNDERSTAND? I HAVE

FRIENDS AND LOVED ONES WHO'VE BEEN INCARCERATED. I HAVE FRIENDS IN MY

FAMILY WHO -- WHO'VE DONE SOME TERRIBLE THINGS. THAT DOESN'T MEAN

THEY'RE LESS THAN HUMAN. THAT DOESN'T MEAN THEY'RE NOT CIVICALLY

INVOLVED.

WE NEED TO REVERSE DECADES OF MISTAKES BY PASSING

THIS LEGISLATION. I WANT TO THANK THE SPONSOR FOR HIS DEDICATION TO THIS.

I ENCOURAGE ALL MY COLLEAGUES TO VOTE FOR THIS. THIS IS THE RIGHT THING

TO DO. THIS IS THE JUST THING TO DO, THIS IS THE MORAL THING TO DO AND I

STAND BEFORE YOU WITH JUSTICE AND EQUITY IN MY HEART KNOWING THAT WE

SHOULD PASS THIS BILL AND GIVE PEOPLE THEIR RIGHT TO VOTE IS A

FUNDAMENTAL RIGHT THAT SHOULD BE NEVER TAKEN AWAY FROM ANYONE.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. DURSO. I'M

SORRY.

MR. DURSO: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

NYS ASSEMBLY APRIL 21, 2021

MR. DURSO: THIS BILL ITSELF, I MEAN, THE LAW ITSELF

TO ME IS A LITTLE BIT CONFUSING TO WHEN PEOPLE THAT ARE OUT ON PAROLE,

PEOPLE THAT HAVE BROKEN SUCH LAWS - AND I'LL JUST NAME A COUPLE HERE -

AS SEX TRAFFICKING OF A CHILD, FACILITATING A SEXUAL PERFORMANCE BY A

CHILD, MONEY LAUNDERING, CORRUPTING THE GOVERNMENT. THESE ARE -- THE

SAME PEOPLE THAT ARE BREAKING THESE LAWS, WE WANT TO ALLOW THEM TO

VOTE FOR THEIR GOVERNMENT, FOR THE PEOPLE -- AND LISTEN, I UNDERSTAND

EVERYBODY HAS THEIR THOUGHTS. AGGRAVATED MANSLAUGHTER, RIGHT? THAT

MEANS SOMEONE LOST THEIR LIFE. ASSAULT ON A POLICE OFFICER, PEACE

OFFICER, FIRE EMERGENCY MEDICAL SERVICE PROFESSIONAL, CRIMINAL USE OF A

FIREARM. ALL THESE CRIMES ARE FELONIES THAT YOU ARE STILL ALLOWED TO

VOTE.

I MEAN -- AS A NOW-ELECTED OFFICIAL BUT A

NEWLY-ELECTED OFFICIAL, AS A PARENT, AS A RESIDENT OF MY COMMUNITY,

THESE -- THE FACT THAT WE'RE ALLOWED TO VOTE ON THESE TO BEGIN WITH IS

EMBARRASSING. I MEAN, YOU -- THE FACT THAT WE ARE -- THAT THESE PEOPLE

THAT GO INTO JAIL FOR THESE CRIMES -- I MEAN, JUST THINK ABOUT WHAT I --

CORRUPTING GOVERNMENT, SEX TRAFFICKING OF A CHILD. I MEAN, WHERE ARE

WE IN SOCIETY RIGHT NOW THAT WE'RE ALLOWING THESE PEOPLE TO VOTE TO

BEGIN WITH? AND THEN WE HAVE PEOPLE THAT SPOKE PRIOR TO ME, AND I

UNDERSTAND LOW-LEVEL CRIMES, I UNDERSTAND, OKAY. I'M NOT TRYING TO

PAINT EVERYBODY WITH A BROAD BRUSH, BUT TO SAY THAT SOMEONE WHO GOES

TO PRISON FOR SEX TRAFFICKING OF A CHILD, OR RAPE OF A CHILD SHOULDN'T BE

TREATED AS LESS THAN HUMAN AND SHOULD NOT HAVE THEIR RIGHTS PULLED

FROM THEM TO VOTE? I MEAN, YOU HAVE TO BE KIDDING ME. WHERE ARE

NYS ASSEMBLY APRIL 21, 2021

THOSE CHILD'S RIGHTS? WHERE ARE THEIR PARENTS' RIGHTS? I MEAN, AS A

PARENT I'M SO UPSET AND ANGRY AT THIS MOMENT.

YOU KNOW, SOMEONE SAID PRIOR THEY SHOULD NOT HAVE

TO NOT ENGAGE IN SOCIETY. I'M SORRY, IN MY OPINION YOU SHOULD NEVER BE

OUT OF PRISON. YOU KILL A CHILD, YOU RAPE A CHILD, YOU RAPE A 16- OR

18-YEAR-OLD GIRL AND LEAVE HER THERE TO DIE, TO BLEED, TO -- TO BEG FOR HER

LIFE AND THEN YOU GET TO COME OUT OF PRISON YEARS LATER AND YOU GET TO

VOTE? SHAME ON US. SHAME ON ALL OF US THAT VOTE FOR THIS. I OBVIOUSLY,

MR. SPEAKER, WILL BE VOTING IN THE NEGATIVE AND I IMPLORE EVERYBODY TO

DO THE SAME FOR THE SAFETY OF OUR COMMUNITIES. THANK YOU.

ACTING SPEAKER AUBRY: MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.

MS. WALSH: SO MAYBE I'M HANGING OUT WITH MY

COLLEAGUE TO MY RIGHT A LITTLE TOO OFTEN, PERHAPS, BUT THE ISSUE I'M GOING

TO RAISE IS A CONSTITUTIONAL ONE. UNDER THE NEW YORK STATE

CONSTITUTION, ARTICLE II, SECTION 3, IT SAYS, "THE LEGISLATURE SHALL ENACT

LAWS EXCLUDING FROM THE RIGHT OF SUFFRAGE ALL PERSONS CONVICTED OF

BRIBERY OR OF ANY INFAMOUS CRIME." SO I DON'T KNOW WHAT YOU ALL THINK

IS AN INFAMOUS CRIME, I -- I -- WHEN I READ IT, I THOUGHT PROBABLY FELONY

WOULD PROBABLY BE AN INFAMOUS CRIME, IT'S PROBABLY SOMETHING MORE

THAN A MISDEMEANOR. BUT I MEAN, THAT'S -- THAT'S WHAT OUR -- UNITED --

THAT'S WHAT OUR NEW YORK STATE CONSTITUTION SAYS AND THAT WE ARE

SWORN TO UPHOLD.

NYS ASSEMBLY APRIL 21, 2021

I HAVE A REAL PROBLEM WITH THIS PIECE OF LEGISLATION

AND I THINK THAT IT -- IT WOULD PROBABLY HAVE A REAL PROBLEM IF IT WERE

CHALLENGED IN THE COURTS BECAUSE OF WHAT THE CONSTITUTION SAYS. I THINK

THAT SOME OF MY COLLEAGUES HAVE RAISED THIS POINT, AND I'LL JUST RAISE IT

MAYBE IN A LITTLE BIT OF A DIFFERENT WAY. WHO GETS THE PRIVILEGES WHEN

WE LIVE IN SOCIETY, WHEN WE LIVE TOGETHER IN HARMONY, WE -- WE HAVE

TO ADHERE TO KIND OF LIKE A SOCIAL COMPACT, OR A SOCIAL CONTRACT. IF WE

PAY OUR TAXES, IF WE FOLLOW THE RULES THEN WE GET THE BENEFITS. WE GET

BENEFITS, RIGHT? WE GET NOT -- NOT ONLY FINANCIAL BENEFITS, BUT WE GET

PRIVILEGES LIKE THE RIGHT TO DRIVE, THE RIGHT TO VOTE. AND IT SEEMS TO ME

THAT OVER THE LAST, I DON'T KNOW, BIT OF TIME THAT I'VE BEEN SERVING THAT

THE LINE IS STARTING TO GET KIND OF BLURRED. IT'S STARTING TO GET KIND OF

BLURRED. INDIVIDUALS WHO HAVE NOT FOLLOWED THE RULES AND ARE NOT -- OR

DID NOT FOLLOW THE LAWS ARE NEVERTHELESS GETTING THE PRIVILEGES. AND

THAT'S MORE THAN IRRITATING TO THOSE OF US WHO DO ADHERE TO THE SOCIAL

CONTRACT. AND THAT'S WHAT I HEAR WHEN I GO BACK TO MY DISTRICT AND

WHEN I'M SPEAKING WITH PEOPLE. THEY'RE VERY IRRITATED ABOUT THIS.

WHY DO I HAVE TO FOLLOW THE RULES AND, YET, OTHER PEOPLE WHO DON'T ARE

GETTING ALL THE RIGHTS ANYWAY?

SO I THINK THAT, YOU KNOW, THE GOVERNOR IN HIS 2018

EXECUTIVE ORDER, HE AT LEAST SAID THAT HE WOULD GIVE CONSIDERATION FOR

A CONDITIONAL PARDON. AT LEAST THERE THAT -- THAT TO ME IS BETTER THAN THE

EXISTING PROPOSED LEGISLATION THAT WE'RE TAKING UP TODAY BECAUSE AT

LEAST THEN, DOCS COULD TAKE A LOOK AT THE INDIVIDUALS GOING OUT ON

PROBATION AND -- OR PAROLE, RATHER, AND CONSIDER WHETHER THEY SHOULD BE

NYS ASSEMBLY APRIL 21, 2021

ELIGIBLE TO REGISTER TO VOTE. BUT UNDER THIS BILL, IT'S JUST GOING TO BE, AS

MY OTHER COLLEAGUES HAVE POINTED OUT, ANYBODY, ANYBODY COMING OUT

ON PAROLE. AND I DO -- I DO REALLY HAVE CONCERNS ABOUT THE

CONSTITUTIONALITY OF IT SO FOR THOSE REASONS, I'LL BE VOTING IN THE

NEGATIVE.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: MR. O'DONNELL, WILL

YOU YIELD?

MR. O'DONNELL: MR. GOODELL, I COULDN'T SEE -- I

COULDN'T SEE YOU. OF COURSE, MR. GOODELL; GO AHEAD.

ACTING SPEAKER AUBRY: MR. O'DONNELL

YIELDS.

MR. GOODELL: THANK YOU. WHEN -- WHEN AN

INDIVIDUAL IS RELEASED ON PAROLE, IF THEY GO TO A HALFWAY HOUSE, WOULD

THEY THEN BE REGISTERED TO VOTE FROM THAT ADDRESS, OR WHAT ADDRESS

WOULD THEY USE?

MR. O'DONNELL: IN ORDER TO BE RELEASED FROM

PAROLE, YOU HAVE TO HAVE AN ADDRESS WHERE YOU'RE GOING TO LIVE THAT IS

APPROVED BY COMMUNITY SUPERVISION AND WHEREVER THAT WOULD BE IS

WHERE YOU WOULD BE ABLE TO VOTE FROM.

MR. GOODELL: I SEE. THANK YOU. I WAS LOOKING AT

THE STUDY, IT'S A LITTLE BIT DATED, FROM COLUMBIA UNIVERSITY JUSTICE LAB

AND I JUST WANTED TO RUN THE NUMBERS BY YOU TO SEE IF THESE NUMBERS

NYS ASSEMBLY APRIL 21, 2021

WERE CONSISTENT WITH YOUR UNDERSTANDING. THEY REPORTED THAT THERE

WERE, ON AVERAGE IN 2019, 35,000 PAROLEES IN PRISON -- OR PAROLEES OUT

OF PRISON, 35,000 ON AVERAGE ON ANY GIVEN DAY. THERE WERE, ON

AVERAGE, 5,710 IN JAIL FOR PAROLE VIOLATIONS ON ANY GIVEN DAY. AND THEY

INDICATED IN THEIR STUDY THAT 40 PERCENT OF ALL PEOPLE ADMITTED INTO A

PRISON WERE FOR PAROLE VIOLATIONS, ONLY 60 PERCENT WERE FOR ACTUAL NEW

FELONIES. IS THAT INFORMATION CONSISTENT WITH WHAT YOU'VE SEEN?

MR. O'DONNELL: WHAT I WILL SAY IS I BELIEVE

CURRENTLY THERE ARE 30,000 PEOPLE IN NEW YORK ON PAROLE AT THIS TIME,

THAT THREE-QUARTERS OF THEM ARE BLACK OR LATINO, AND THAT THE SYSTEM OF

VIOLATION, AS A PERSON -- ATTORNEY WHO HAS REPRESENTED PEOPLE IN THAT

PROCESS, THERE OBVIOUSLY ARE DIFFERENT KINDS OF VIOLATIONS. THE MOST

SERIOUS OF WHICH IS GETTING REARRESTED AND OBVIOUSLY, THOSE PEOPLE ARE

SENT BACK TO PRISON BUT -- OR JAIL IF THEY'RE BEING HELD FOR A NEW CRIME.

THERE'S A WHOLE BUNCH OF PEOPLE WHO ARE VIOLATED FOR TECHNICAL THINGS,

LIKE YOU WERE 15 MINUTES LATE FOR YOUR APPOINTMENT, OR WHEN YOU

CALLED YOUR HOUSE YOU DIDN'T ANSWER, OR SOMETIMES THOSE TECHNICAL

VIOLATIONS ARE FAILING DRUG OR ALCOHOL TESTS. AND SO THOSE ARE DEALT WITH

DIFFERENTLY. THERE ARE A NUMBER OF THOSE PEOPLE WHO ARE RETURNED TO

THE SYSTEM. MOST OF THEM ARE NOT RETURNED TO PRISON, MOST OF THEM ARE

RETURNED TO A JAIL UNTIL THEY ADJUDICATE THE UNDERLYING VIOLATION.

MR. GOODELL: THANK YOU. I APPRECIATE THAT.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

NYS ASSEMBLY APRIL 21, 2021

MR. GOODELL: THANK YOU. WHAT I FOUND

SOMEWHAT SHOCKING, IF YOU WILL, IS THAT IN 2019 YOU HAD -- WE HAD

5,700 PAROLE VIOLATIONS WITH AN AVERAGE OF 35,000 PEOPLE OUT ON PAROLE

OR, IN OTHER WORDS, BASICALLY ONE-IN-SIX, ONE-IN-FIVE PEOPLE WHO ARE OUT

ON PAROLE WERE BEING VIOLATED. AS MY COLLEAGUE NOTED, THE NUMBER OF

PAROLEES THAT ARE OUT HAS GONE DOWN SINCE 2019, BUT THERE'S STILL A VERY

SIGNIFICANT NUMBER OF PAROLEES WHO SUBSEQUENTLY VIOLATE PAROLE AND

ARE RETURNED TO PRISON. MY COLLEAGUE NOTED THAT THOSE VIOLATIONS CAN

RANGE FROM TECHNICAL VIOLATIONS TO VERY, VERY SERIOUS VIOLATIONS,

ALTHOUGH I WOULD POINT OUT THAT THE TECHNICAL VIOLATIONS ARE TYPICALLY

INTEGRAL TO THE PAROLE PROCESS, CONTACTING YOUR PAROLE OFFICER ON A

REGULAR BASIS, PROVIDING THEM WITH A CURRENT ADDRESS, COMPLYING WITH

CURFEW AND ALL THE OTHER CRITERIA THAT GO INTO HELPING AN INDIVIDUAL

BECOME A LAW-ABIDING CITIZEN IN A RESPONSIBLE MANNER. I'M RELUCTANT

TO SUPPORT A BILL THAT WOULD PROVIDE THAT PEOPLE WHO'VE NOT FINISHED

THEIR SENTENCE, 30- TO 35,000 PAROLEES IN ANY GIVEN YEAR, ARE ENTITLED TO

VOTE FOR THE ELECTED SHERIFF OR THE ELECTED DA, OR THE ELECTED COUNTY

COURT JUDGE THAT MAY HAVE BEEN THE VERY PEOPLE THAT ARRESTED THEM,

PROSECUTED THEM, SENTENCED THEM.

NOW WE UNDERSTAND THAT WE WANT TO REINTEGRATE

PRISONERS AS QUICKLY AS WE CAN ONCE THEY'VE SERVED THEIR SENTENCE,

ONCE THEY PAID BACK THEIR DEBT TO SOCIETY, AS WE USED TO SAY. BUT WHEN

YOU HAVE AS MANY AS ONE OUT OF FIVE OR ONE OUT OF SIX PAROLEES

VIOLATING THEIR PAROLE, I DON'T THINK IT'S THE RIGHT STEP TO RESTORE THEIR

RIGHT TO VOTE FOR THE SHERIFF, DISTRICT ATTORNEY, AND THE COUNTY COURT

NYS ASSEMBLY APRIL 21, 2021

JUDGE BEFORE THEY'VE FINISHED THEIR FULL SENTENCE. FOR THAT REASON, I

WILL BE OPPOSING THIS.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. GONZÁLEZ-ROJAS.

MS. GONZÁLEZ-ROJAS: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.

MS. GONZÁLEZ-ROJAS: I SPEAK IN FAVOR OF THIS

LEGISLATION AND I THANK THE BILL'S SPONSOR FOR THEIR WORK. I ALSO SPEAK IN

FAVOR OF THE 30,000 PEOPLE IN THE STATE WHO HAVE HISTORICALLY BEEN

DISENFRANCHISED AND EXCLUDED FROM VOTING BECAUSE THEY ARE ON PAROLE.

THIS DISPROPORTIONATELY IMPACTS PEOPLE OF COLOR, 80 PERCENT BEING

BLACK AND LATINX PEOPLE. IT SEEKS TO SILENCE THE VOICE OF ENTIRE

COMMUNITIES AND IS A RELIC OF THE JIM CROWE SLAVERY. AND WHILE AN

EXECUTIVE ORDER WAS PASSED TO ADDRESS THIS, WE MUST CODIFY THIS INTO

LAW SO THAT RESTORATION BECOMES AUTOMATIC AND IS NOT CHANGED BASED

ON WHO IS OR WHO IS NOT THE GOVERNOR.

I ALSO STRONGLY SUPPORT THE EDUCATION COMPONENT OF

THIS LEGISLATION BECAUSE THIS IS HOW WE EMPOWER OUR COMMUNITIES TO

REENGAGE IN OUR DEMOCRATIC PROCESS. VOTING IS A SACRED DEMOCRATIC

FUNCTION AND PASSING THIS LEGISLATION IS A FORM OF RESTORATIVE JUSTICE.

AND, MR. SPEAKER, I BELIEVE IN RESTORATIVE JUSTICE BECAUSE I BELIEVE

THAT NO PERSON SHOULD BE DEFINED BY THE WORST THING THAT THEY HAVE EVER

DONE. PEOPLE WHO HAVE BEEN INCARCERATED ARE PEOPLE FIRST, AND

NYS ASSEMBLY APRIL 21, 2021

CODIFYING THE RESTORATION OF THEIR CONSTITUTIONAL RIGHT TO VOTE IS ONE

WAY THAT WE CAN REINTRODUCE HUMANITY TO THE WAYS IN WHICH WE HELP

THEM REENTER SOCIETY.

SO I WANT TO THANK ALL THE ADVOCATES WHO HAVE

SUPPORTED THIS LEGISLATION, INCLUDING VOCAL-NY, CITIZEN ACTION OF

NEW YORK AND, OF COURSE, OUR SPONSOR. I PROUDLY SUPPORT THE RESTORE

THE VOTE CAMPAIGN. I ENCOURAGE MY COLLEAGUES TO DO SO AND I VOTE IN

THE AFFIRMATIVE. THANK YOU SO MUCH.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON SENATE PRINT 830-B. THIS IS A PARTY VOTE. ANY MEMBER

WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION

IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS

PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION, BUT CERTAINLY THOSE

WHO SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE SO WE CAN

ENSURE THAT YOUR VOTE IS PROPERLY COUNTED. THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

MR. -- MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THIS IS A PARTY VOTE IN THE AFFIRMATIVE ON THIS REALLY GOOD

NYS ASSEMBLY APRIL 21, 2021

PIECE OF LEGISLATION; HOWEVER, COLLEAGUES DESIRING TO BE AN EXCEPTION

TO THAT SHOULD PLEASE FEEL FREE TO CONTACT THE -- MY OFFICE AND WE WILL

BE PLEASED TO RECORD YOUR VOTE.

ACTING SPEAKER AUBRY: SO NOTED. THANK

YOU.

(THE CLERK RECORDED THE VOTE.)

TO EXPLAIN HIS VOTE, MR. O'DONNELL.

MR. O'DONNELL: WHEN I AGREED TO DEBATE THIS BILL

THIS MORNING, I WAS NOT ANTICIPATING THE HEAT THAT WAS COMING. SO I

WANT TO JUST MAKE SURE THAT IT'S CLEAR THAT THE SUPPORT FOR THIS BILL, IT'S

ALL ACROSS THE STATE: THE BROOKLYN DA, THE MANHATTAN DA, THE

NASSAU DA, THE WESTCHESTER DA, THE ALBANY DA, THEY ARE ALL IN

SUPPORT OF THIS LEGISLATION BECAUSE THEY BELIEVE IT WILL AID IN PEOPLE --

BRINGING PEOPLE BACK INTO THE FOLD OF LAW-ABIDING LIVES. THE

AMERICAN PROBATION ASSOCIATION ALSO HAS DONE THAT. SOME OF THE

COMMENTS THAT WERE MADE, I UNDERSTAND THE HEAT, AND I DO, BUT THERE

ARE NO STATES IN THE COUNTRY THAT PERMANENTLY DISENFRANCHISE SOMEONE

BECAUSE THEY HAD A FELONY CONVICTION. THOSE FELONY CONVICTIONS WHICH

ARE MOST DISTURBING IN THEIR FACT PATTERNS ARE THE PEOPLE WHO ARE

SENTENCED TO THE MOST TIME. AND AS CORRECTIONS CHAIR, I VISITED 38

PRISONS AND MET MANY, MANY PEOPLE WHOSE SENTENCES, THEY WOULD NOT

LIVE TO THE END OF THEIR SENTENCE. SO THOSE KINDS OF CRIMES THAT YOU'RE

REFERRING TO REALLY RARELY APPLY TO THE CIRCUMSTANCES IN THIS CASE.

ADDITIONALLY I WOULD SAY TO YOU THAT SOMETIMES IN OUR

LAWS THE WAY THEY ARE WRITTEN, ACTING IN CONCERT, FOR EXAMPLE, AS A

NYS ASSEMBLY APRIL 21, 2021

CONCEPT MEANS THAT WHATEVER YOUR ROLE WAS IN A CRIME, YOU'RE

CONVICTED AS IF YOU PULL THE TRIGGER. AND THAT IS A DISTURBING FACT

PATTERN. AND SO MY GOAL HERE IS TO PUT US IN WITH OTHER STATES THAT ARE

TRYING TO TAKE PEOPLE WHO HAVE BEEN INCARCERATED AND MOVE THEM INTO

LAW-ABIDING LIVES. AND THAT IS A DIFFICULT THING TO DO AND IF YOU'RE

SOMEBODY WHO BELIEVES THAT A CRIME SOMEBODY COMMITTED WHEN THEY

WERE 19 YEARS OF AGE MEANS THEY SHOULD FOREVER BE THROWN AWAY, NO,

I'M NOT SOMEBODY WHO AGREES WITH YOU. BUT I DO RESPECT THE PASSION

AND THE ANGER WHEN PEOPLE'S LIVES HAVE BEEN LOST. AND SO THE NEXT

TIME I'M GOING TO BRING ONE OF THESE BILLS FORWARD, I THINK I'M GOING TO

DO IT LATER IN THE DAY. BUT I'M VOTING YES. THANK YOU.

ACTING SPEAKER AUBRY: MR. O'DONNELL IN THE

AFFIRMATIVE.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I DON'T THINK THAT IT

NECESSARILY EQUATES TO COMPARE PUBLIC SAFETY TO A PERSON'S RIGHT TO

VOTE, PARTICULARLY AFTER THEY HAVE COMPLETED THEIR TIME. NOW I DID HEAR

IN THE DEBATE TODAY THAT THERE ARE SOME PEOPLE WHO HAVE COMPLETED

THEIR TIME AND THEN BEEN RE-VIOLATED. THAT COULD HAPPEN, BUT IT SHOULD

NOT PRECLUDE YOU FROM YOUR OPPORTUNITY TO VOTE. I WOULD ALSO SAY THIS,

THAT IT'S HIGHLY UNLIKELY, IN MY ESTIMATION, THAT A PERSON WHO WOULD DO

SOMETHING AS CRUEL AS VIOLATE A CHILD WITH RAPE AND BEATING, THAT THEY

WOULD EVEN HAVE A DESIRE TO VOTE. SO TO ADD THEM TO THIS DISCUSSION I

THINK IS INHERENTLY UNFAIR.

NYS ASSEMBLY APRIL 21, 2021

I WOULD ALSO SAY, MR. SPEAKER, THAT I REALIZE THAT IN

SOME ASPECTS OF OUR SOCIETY, IT'S IMPORTANT TO KEEP PEOPLE FROM VOTING

BECAUSE IT MOVES SOME PEOPLE FORWARD. THERE ARE, AS WE SPEAK, 2 --

361 BILLS ACROSS THE UNITED STATES RIGHT NOW THAT WOULD SUPPRESS

PEOPLE'S RIGHT TO VOTE. WHAT WE'RE TRYING TO DO HERE IN NEW YORK IS

ADD VALUE TO PEOPLE'S RIGHT TO VOTE. SO IF THERE 30, 000 PEOPLE WHO ARE

ON PAROLE NOW, I'M PRETTY SURE THAT NOT ALL 30,000 OF THEM ARE GOING TO

WANT TO VOTE OR EVEN PURSUE THE OPPORTUNITY TO DO THAT, BUT THERE ARE

SOME PEOPLE WHO FEEL LIKE THEY'VE BEEN INCARCERATED, THEY'VE DONE

THEIR TIME AND NOW THEY WOULD LIKE TO BECOME A WHOLE CITIZEN THAT

CONTRIBUTES VALUE TO THE COMMUNITY THAT THEY LIVE IN. WE SHOULD NOT

HOLD THAT AGAINST THEM BECAUSE A SMALL PERCENTAGE OF PEOPLE ARE STILL

WANTING TO DO THINGS WRONG. THERE ARE SOME PEOPLE WHO WANT TO DO

THINGS RIGHT AND I THINK WE SHOULD BE ALLOWING THEM THE RIGHT OF EVERY

AMERICAN AND THAT IS THE RIGHT TO VOTE. SO I SUPPORT THIS LEGISLATION

AND PLEASED TO VOTE IN FAVOR OF IT.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

IN THE AFFIRMATIVE.

MS. CLARK.

MS. CLARK: HI, THANK YOU. I RISE TO EXPLAIN MY

VOTE, MR. SPEAKER. YOU KNOW, WE -- I REALLY IMPLORE THAT WHEN WE

TALK ABOUT ISSUES LIKE THIS THAT WE ALWAYS LEAN IN TO LOOKING AT THE

HUMANITY IN OURSELVES AND -- AND ALWAYS MAKE SURE WE'RE EMPHASIZING

WHAT MAKES -- THAT WE ARE ALWAYS LOOKING AT PEOPLE. YOU KNOW, AS

SOMEONE WHO WAS WRITTEN IN LAW MANY YEARS AGO THAT I COULDN'T VOTE, I

NYS ASSEMBLY APRIL 21, 2021

THINK WE ALSO NEED TO BE VERY CAREFUL ABOUT LOOKING AT OLD LANGUAGE

AND USING IT TO DEFINE WHERE WE ARE TODAY.

WE -- IN MY DISTRICT, WE -- WHAT I LOVE MOST ABOUT THIS

LEGISLATION AND WHY I WAS PROUD TO BE A COSPONSOR IS IT TAKES POLITICS

OUT OF THE PROCESS. HERE IN MY OWN DISTRICT, WE HAD SOMEONE WHO

WHEN HE RETURNED OUT OF INCARCERATION INTO OUR COMMUNITY, FILLED OUT A

WHOLE BUNCH OF PAPERWORK, INCLUDING A PAPER THAT WAS IN THERE THAT

REGISTERED HIM TO VOTE. HIS ABILITY TO DO THAT HAD NOT YET BEEN GIVEN BY

THE GOVERNOR AND HE WAS THEREFORE THEN ARRESTED AND CHARGED WITH A

CRIME. LUCKILY OUR GRAND JURY SAW THE SILLINESS OF IT, DID NOT RETURN

HIM TO PRISON FOR ACCIDENTALLY FILLING OUT A PIECE OF PAPER THAT WAS PUT

IN A PILE. BUT WHAT WE NEED TO DO IS MAKE SURE THE POLITICS ARE OUT OF

THIS, THAT THIS IS AUTOMATIC, THAT WE ARE RESTORING THESE RIGHTS TO VOTE

IMMEDIATELY, AND I'M JUST REALLY APPRECIATIVE OF THE SPONSOR, EXCITED TO

BE HERE, AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. CLARK IN THE

AFFIRMATIVE.

MS. DE LA ROSA.

MS. DE LA ROSA: THANK YOU, MR. SPEAKER. TO

EXPLAIN MY VOTE.

ACTING SPEAKER AUBRY: PROCEED.

MS. DE LA ROSA: I WANT TO THANK THE SPONSOR OF

THIS LEGISLATION FOR NOT ONLY BRINGING THIS FORWARD, BUT FOR DEDICATING

HIS LIFE TO DEFEND THOSE THAT THE CRIMINAL JUSTICE SYSTEM HAVE -- HAS

INCARCERATED FOR MANY, MANY YEARS. I WANT TO SAY THAT THIS IS AN EFFORT

NYS ASSEMBLY APRIL 21, 2021

ON OUR PART TO MAKE SURE THAT PEOPLE WHO HAVE PAID THEIR DEBT TO

SOCIETY ARE ABLE TO REINTEGRATE AND BE PART OF SOCIETY. MANY TIMES WE

USE VOTING LAWS TO REPRESS THE VOTE OF PEOPLE WHO ARE

DISPROPORTIONATELY IMPACTED BY THE CRIMINAL JUSTICE SYSTEM THAT

HAPPENS TO BE BLACK AND BROWN NEW YORKERS ACROSS THE STATE.

I ALSO WANT TO SAY THAT PEOPLE WHO ARE IMPACTED BY

CRIMES, IT IS NOT MUTUALLY EXCLUSIVE THAT YOU CAN COMMIT A CRIME AND

BE IMPACTED BY CRIME. RECENTLY I VISITED BEDFORD HILLS CORRECTIONAL

FACILITY. IT HOUSES WOMEN, MANY OF WHO ARE VICTIMS OF DOMESTIC

VIOLENCE AND ARE IN JAIL AND IN PRISONS BECAUSE OF THAT ABUSE. AND SO

TO SAY THAT THOSE PEOPLE SHOULD NOT HAVE THE RIGHT TO VOTE IS LEADING TO

THE NARRATIVE THAT PEOPLE WHO HAVE COMMITTED A CRIME OR HAVE MADE A

MISTAKE IN THEIR LIFE SHOULD NOT HAVE THE RIGHT TO VOTE. I PROUDLY VOTE

IN THE AFFIRMATIVE AND LOOK FORWARD TO CONTINUING TO ENFRANCHISE

PEOPLE RATHER THAN EXCLUDE THEM FROM THE GOVERNMENT PROCESS. THANK

YOU.

ACTING SPEAKER AUBRY: MS. DE LA ROSA IN

THE AFFIRMATIVE.

MS. LUNSFORD.

MS. LUNSFORD: THANK YOU, MR. SPEAKER. I RISE TO

EXPLAIN MY VOTE. AND THANK YOU VERY MUCH TO THE SPONSOR OF THIS BILL

FOR HIS GOOD WORK. WHEN SOMEONE IS PAROLED, WE'RE ASKING THEM TO

REENTER SOCIETY. THEY'RE BEING PAROLED BECAUSE IT'S BEEN DETERMINED

THROUGH AN ADJUDICATIVE PROCESS THAT THEY'VE SERVED THEIR TIME AND THAT

THEY CAN BE RELEASED. WE'RE RESTORING THEM TO THEIR RIGHT TO LIBERTY.

NYS ASSEMBLY APRIL 21, 2021

WE ARE ASKING THEM TO REGAIN THOSE RIGHTS THAT WE TOOK FROM THEM

WHEN THEY WERE CONVICTED OF A CRIME. AND WITH THAT COMES CERTAIN

EXPECTATIONS THAT THEY'LL FOLLOW THE LAW, THAT THEY WILL, IF POSSIBLE,

BECOME EMPLOYED UNLESS THEY'RE DISABLED, THAT THEY'LL PAY THEIR TAXES,

THAT THEY'LL FIND APPROPRIATE HOUSING. AND, IN SHORT, WE WANT THEM TO

BECOME A MEMBER OF OUR COMMUNITY AND CONTRIBUTE LIKE WE ALL DO TO

THE BETTERMENT OF OUR SOCIETY.

WITH ALL DUE RESPECT TO SOME OF MY COLLEAGUES TODAY,

I BELIEVE THE FRAMING OF THIS DEBATE HAS BEEN IMPROPER. THE RIGHT TO

VOTE IS NOT A PRIVILEGE, IT'S A CIVIL RIGHT GUARANTEED BY OUR CONSTITUTION.

THE BILL HERE TODAY IS NOT WHETHER UPON PAROLE INDIVIDUALS RETURNING TO

SOCIETY SHOULD BE THERE AT ALL. THE QUESTION IS WHEN THEY ARE THERE,

SHOULD THEY HAVE THOSE RIGHTS RESTORED? IT'S NOT A QUESTION OF WHETHER

A CRIME IS SO HEINOUS THAT SOMEONE SHOULD NEVER LEAVE PRISON. THAT'S

NOT WHAT THIS BILL IS ABOUT. THE QUESTION TODAY IS WHETHER THOSE THAT

ARE, IN FACT, RELEASED AT ALL AND ARE MEETING THE TERMS OF THEIR PAROLE

SHOULD BE ALLOWED TO FULLY PARTICIPATE IN THE SOCIETY WE'RE ASKING THEM

TO REJOIN SO THAT THEY CAN BECOME FULL, CONTRIBUTING MEMBERS OF OUR

COMMUNITY. AND, MR. SPEAKER, I BELIEVE THEY SHOULD. I VOTE IN THE

AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. LUNSFORD IN THE

AFFIRMATIVE.

MS. KELLES.

MS. KELLES: THANK YOU, MR. SPEAKER. TO EXPLAIN

MY VOTE.

NYS ASSEMBLY APRIL 21, 2021

ACTING SPEAKER AUBRY: PROCEED.

MS. KELLES: I BELIEVE TODAY THAT THERE ARE A FEW

ISSUES THAT ARE BEING CONFLATED. IT SEEMS TO ME THAT THERE'S A DISCUSSION

OF WHETHER OR NOT THE SYSTEM SHOULD BE A SYSTEM OF CORRECTIONS OR

SHOULD BE A SYSTEM OF PUNISHMENT; WHETHER OR NOT WE BELIEVE THAT

PEOPLE SHOULD BE ALLOWED TO LEAVE PRISON UNDER CERTAIN CIRCUMSTANCES

OR NOT. I DO NOT BELIEVE THAT THAT CONVERSATION IS GERMANE TO WHAT IS

BEING DISCUSSED HERE TODAY.

AND I WANT TO POINT OUT ONE THING THAT THE -- THAT THE

SPONSOR, WHO I COMMEND FOR HIS WORK AND DEDICATION TO THIS IN

BRINGING THIS BILL FORWARD, THERE WAS ONE PIECE OF INFORMATION THAT HE

SHARED THAT I THINK IS THE MOST IMPORTANT PIECE OF INFORMATION, WHICH IS

THAT WHEN PEOPLE ARE GIVEN THE RIGHT TO VOTE THAT RECIDIVISM AND -- AND

CRIMES AFTER THEY HAVE LEFT PRISON SYSTEM ARE SIGNIFICANTLY REDUCED. SO

I BELIEVE, IN MANY CASES, WE SHOULD BE SEEING THIS NOT ONLY AS A MORAL

ISSUE WITH RESPECT TO WHO HAS THE RIGHT TO VOTE WITH RESPECT TO OUR

CONSTITUTION, BUT HOW WE PROTECT PEOPLE IN THE FUTURE WHO COULD BE

POTENTIALLY VICTIMS OF VIOLENCE. WE SHOULD BE FOCUSING ON THE THINGS

IN THE CONTEXT OF PUBLIC HEALTH AND SCIENCE THAT WE KNOW REDUCE CRIME,

LIKE SUPPORTIVE MENTAL HEALTH, LIKE MAKING SURE THERE IS JOB TRAINING,

LIKE MAKING SURE THAT PEOPLE HAVE HOUSING AND, YES, ALSO MAKING SURE

THAT WHEN PEOPLE ARE ON PAROLE, THEY HAVE THE RIGHT TO VOTE BECAUSE WE

KNOW THAT IT IS PROTECTIVE.

SO I FEEL LIKE IN MANY WAYS WE'RE ALL ON THE SAME

PAGE IF WHAT WE WANT IS TO REDUCE CRIME, AND THE DATA SHOWS THAT THIS

NYS ASSEMBLY APRIL 21, 2021

IS ONE MECHANISM TO DO THAT. SO I VOTE IN THE AFFIRMATIVE IN SUPPORT --

ACTING SPEAKER AUBRY: MS. KELLES IN THE

AFFIRMATIVE. YOUR TIME HAS RUN OUT.

MS. SIMON.

MS. SIMON: MR. SPEAKER, TO EXPLAIN MY VOTE. I

WANT TO COMMEND THE SPONSOR FOR THIS LEGISLATION. I WANT TO COMMEND

HIM FOR THE HEART AND SOUL THAT HE HAS PUT INTO THIS, AND THE BRAINPOWER

HE HAS PUT INTO THIS. THE REALITY IS THAT THE RIGHT TO VOTE IS A

FUNDAMENTAL RIGHT OF CITIZENS OF OUR COUNTRY. YOU DO NOT LOSE AND YOU

SHOULD NOT LOSE THAT FUNDAMENTAL RIGHT BECAUSE YOU ARE ON PAROLE.

STATE AFTER STATE AFTER STATE IS RECOGNIZING THAT, AND THE REALITY IS PEOPLE

HAVE DECIDED, PEOPLE WHO ARE IN A POSITION, IN AUTHORITY, TO DETERMINE

THAT SOMEONE IS READY FOR RELEASE TO REJOIN SOCIETY IS, IN FACT, READY TO

REENTER SOCIETY, AND THAT SHOULD INCLUDE EVERY RIGHT, ACCORDING TO A

CITIZEN OF THE UNITED STATES OF AMERICA, INCLUDING THE RIGHT TO VOTE.

AND I WILL BE VOTING IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. SIMON IN THE

AFFIRMATIVE.

MR. WEPRIN TO EXPLAIN HIS VOTE.

MR. WEPRIN: THANK YOU, MR. SPEAKER. I'M A VERY

PROUD COSPONSOR OF THIS BILL. I WANT TO PRAISE MY PREDECESSOR AS CHAIR

OF CORRECTIONS FOR INTRODUCING THIS BILL AND FOR PURSUING IT FOR AWHILE.

THERE'S A REASON WHY OUR ASSEMBLY COMMITTEE IS CALLED THE

CORRECTION COMMITTEE AND NOT THE PUNISHMENT COMMITTEE. AND ONCE

SOMEONE HAS DONE THEIR TIME, YOU KNOW, RECEIVED THEIR PUNISHMENT,

NYS ASSEMBLY APRIL 21, 2021

THE IDEA IS THAT WE WANT TO MAKE THEM MEMBERS OF OUR SOCIETY AND

RESTORE FUNDAMENTAL RIGHTS. AND CERTAINLY, THE RIGHT TO VOTE IS A

FUNDAMENTAL RIGHT. I STRONGLY SUPPORT THIS LEGISLATION. I WITHDRAW MY

-- I WITHDRAW MY REQUEST AND I PROUDLY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. WEPRIN IN THE

AFFIRMATIVE.

MR. ANDERSON.

MR. ANDERSON: THANK YOU, MR. SPEAKER. TO

EXPLAIN MY VOTE.

ACTING SPEAKER AUBRY: PLEASE, SIR.

MR. ANDERSON: THANK YOU. I -- I WANT TO THANK

YOU FOR ALLOWING ME TO EXPLAIN MY VOTE AND I WANT TO THANK THE

SPONSOR OF THIS BILL FOR HAVING THE FORESIGHT AND UNDERSTANDING THAT WE

ARE A STATE THAT'S MOVING BEYOND PUNISHMENT. TWO OF MY COLLEAGUES

MENTIONED IN THEIR EXPLANATION OF THEIR VOTE THAT WE, YOU KNOW, WE

HAVE BEEN A STATE THAT FOCUSES ON PUNISHMENT, BUT WE NEED TO BEGIN TO

FOCUS ON CORRECTION, RIGHT, AND WE NEED TO FOCUS ON REHABILITATION.

FOLKS WHO ARE SERVING THEIR TERM IN PAROLE AS PART OF THEIR SENTENCE,

THESE ARE FOLKS WHO ARE TRYING TO REINTEGRATE INTO SOCIETY AND CLEARLY

DESERVE THE RIGHT AND OPPORTUNITY TO VOTE. AND WHAT WE'RE DOING TODAY

IS HISTORIC AND WE ARE RESTORING THOSE RIGHTS, BUT WE'RE ALSO ENSURING

THAT OUR AGENCIES ARE RESPONSIBLE FOR THOSE FOLKS BEING ABLE TO REGISTER

TO VOTE AND HAVE AN EQUAL OPPORTUNITY TO PARTICIPATE IN GOVERNMENT.

SO I PROUDLY VOTE IN THE AFFIRMATIVE AND I, OF COURSE,

ENCOURAGE MY COLLEAGUES TO DO THE SAME, AND I ENCOURAGE MY

NYS ASSEMBLY APRIL 21, 2021

COLLEAGUES ACROSS THE AISLE TO UNDERSTAND THAT THIS IS AN OPPORTUNITY FOR

US TO RIGHT THE SHIP AND ALLOW OUR STATE TO TRULY BE A STATE THAT IS

CORRECTIVE AND REHABILITATIVE AND ALLOWS PEOPLE TO REINTEGRATE INTO

SOCIETY. SO I WITHDRAW MY REQUEST AND PROUDLY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. ANDERSON IN THE

AFFIRMATIVE.

MR. JACOBSON TO EXPLAIN HIS VOTE.

MR. JACOBSON: THANK YOU, MR. SPEAKER, AND TO

EXPLAIN MY VOTE. I WISH TO COMMEND THE SPONSOR OF THIS BILL AND FOR

THE SPEAKER FOR ENSURING THAT IT WAS BROUGHT TO THE FLOOR. WE EXPECT

THAT ONCE A PERSON IS RELEASED FROM PRISON, THAT HE OR SHE WILL BE A FULL

FUNCTIONING, PRODUCTIVE CITIZEN IN OUR SOCIETY. WE EXPECT THAT THE

RELEASED PERSON WILL GET A JOB OR START A BUSINESS, PAY TAXES AND, OF

COURSE, NOT COMMIT FUTURE CRIMES. ONE IMPORTANT COMPONENT OF A FULL

FUNCTIONING CITIZEN IS VOTING. THERE'S NO REASON WHY WHEN SOMEONE IS

RELEASED FROM PRISON AND IS ON PAROLE, THAT HE OR SHE SHOULD NOT BE ABLE

TO VOTE. IN MY DISTRICT, MANY EX-FELONS EVEN AFTER COMPLETING PAROLE

ARE SO WORRIED ABOUT VIOLATING THE LAW AGAIN THAT THEY DO NOT REGISTER

AND VOTE FOR FEAR OF VIOLATING A LAW. THIS SHOULD NOT BE THE CASE AND

THIS BILL CORRECTS THIS. IF YOU'VE GONE TO PRISON AND THEN ARE DEEMED

SAFE ENOUGH AND REHABILITATED ENOUGH TO BE RELEASED, THEN YOU ARE SAFE

ENOUGH AND REHABILITATIVE ENOUGH TO VOTE. THERE IS NO REASON NOT TO

REINSTATE VOTING RIGHTS UPON RELEASE FROM PRISON, EVEN ONE WHO IS NOT

ON PAROLE. AND SO WITH THAT, I'M VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. JACOBSON IN THE

NYS ASSEMBLY APRIL 21, 2021

AFFIRMATIVE.

MR. TAYLOR.

MR. TAYLOR TO EXPLAIN HIS VOTE.

MR. TAYLOR: THANK YOU, MR. SPEAKER, AM I ON?

THANK YOU FOR ALLOWING ME TO EXPLAIN MY VOTE. I THINK THAT THIS IS AN

EXCELLENT BILL AND I WANT TO COMMEND THE SPONSOR OF THIS BILL. AND AT

THE SAME TIME, I THINK IT'S IMPORTANT THAT WE REALIZE -- AND I HEARD MY

COLLEAGUES AS THEY SPOKE ABOUT VIOLATIONS, AND A VIOLATION COULD BE

SOMETHING AS SIMPLE AS WHERE YOU'RE LIVING YOU ARE NO LONGER WELCOME

TO STAY THERE AS YOU'RE TRYING TO GET BACK AND ACCLIMATED INTO SOCIETY,

AND/OR SOMEONE RUNG THE BELL AND YOU DIDN'T ANSWER IT FAST ENOUGH.

VIOLATIONS ARE NOT NECESSARILY SOMETHING THAT YOU DID THAT IS EGREGIOUS,

BUT IT'S THAT MUCH -- SO SIMPLE THAT YOU CAN FIND YOURSELF

RE-INCARCERATED JUST THAT EASILY.

SO I WANT TO THANK THE SPEAKER FOR ALLOWING THIS BILL

TO BE BROUGHT TO THE FLOOR, BUT I WANT TO THANK THE SPONSOR OF THIS BILL

AND I WILL URGE MY COLLEAGUES, PLEASE VOTE IN THE AFFIRMATIVE AS I WILL

BE DOING ALSO. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. TAYLOR IN THE

AFFIRMATIVE.

MR. BARRON.

MR. BARRON: THANK YOU, MR. SPEAKER. I WANT TO

SAY THAT AMERICA IS RULED BY INDUSTRIAL COMPLEXES. EISENHOWER CALLED

IT THE MILITARY-INDUSTRIAL COMPLEX. THERE'S A HEALTH INDUSTRIAL COMPLEX,

HOUSING, REAL ESTATE INDUSTRIAL COMPLEX. THAT IS THAT RELATIONSHIP

NYS ASSEMBLY APRIL 21, 2021

BETWEEN THE PROFIT WORLD OF CORPORATIONS AND POLITICIANS THAT PROFITIZE

OFF OUR MISERY. THE PRISON INDUSTRIAL COMPLEX IS ONE OF THE BIGGEST

ONES THAT PROFITS OFF OF BLACK AND BROWN PEOPLE'S INCARCERATION. WE

ARE OVERWHELMINGLY THE MAJORITY IN THE STATE AND ACROSS THIS NATION.

THE 13TH AMENDMENT SAYS SLAVERY SHALL BE ABOLISHED

EXCEPT AS A PUNISHMENT FOR CRIME WHEN IT WAS RATIFIED IN 1865. THAT

MEANS WE, AFRICAN PEOPLE, WENT FROM THE PLANTATION TO THE

PENITENTIARY BECAUSE THEY NEEDED OUR LABOR. THE KIND OF LABOR THAT'S

BEING BESTOWED UPON INMATES OR INCARCERATED PERSONS IS INCREDIBLY

EXPLOITATIVE, 50, 60, 80 CENTS, $1 AN HOUR TO DO THE LABOR OF

MULTINATIONAL CORPORATIONS. THIS IS ABOUT PRISONS FOR PROFIT AND I THINK

THE LEAST THEY COULD DO IS RESTORE THEIR VOTING RIGHTS. AS A MATTER OF

FACT, I HAVE A BILL WHICH I KNOW ALL OF YOU ARE GOING TO SUPPORT, THEY

SHOULD HAVE THE RIGHT TO VOTE WHILE THEY'RE IN PRISON LIKE THEY DO IN

VERMONT AND OTHER STATES, THEY VOTE BY ABSENTEE BALLOT WHILE THEY'RE IN

PRISON BECAUSE YOU SHOULD NOT LOSE YOUR CITIZEN'S RIGHTS BECAUSE YOU

COMMITTED A CRIME. YOU PAY -- YOU DO THE CRIME, YOU DO THE TIME, YOU

STILL SHOULD MAINTAIN YOUR CITIZEN'S RIGHTS. I VOTE IN THE AFFIRMATIVE OF

THIS BILL AND WE SHOULD EVEN HAVE STRONGER BILLS SO THAT OUR BLACK AND

BROWN COMMUNITIES ARE NOT DISENFRANCHISED THROUGH THE PRISON

INDUSTRIAL COMPLEX.

ACTING SPEAKER AUBRY: MR. BARRON IN THE

AFFIRMATIVE.

MS. WALSH TO EXPLAIN HER VOTE.

MS. WALSH: THANK YOU, MR. SPEAKER. JUST A

NYS ASSEMBLY APRIL 21, 2021

COUPLE OF QUICK POINTS. PAROLE IS THE EARLY RELEASE OF A PRISONER WHO

AGREES TO ABIDE BY CERTAIN CONDITIONS. PAROLE, THE WORD ITSELF, COMES

FROM THE FRENCH MEANING "TO PROMISE." THIS DIFFERS GREATLY FROM

PARDON, AMNESTY, OR COMMUTATION OF SENTENCE IN THAT PAROLEES ARE STILL

CONSIDERED TO BE SERVING THEIR SENTENCES AND MAY BE RETURNED TO PRISON

IF THEY VIOLATE THE CONDITIONS OF THEIR PAROLE. TO ALL OF MY COLLEAGUES

WHO CONTINUE TO SAY THAT WHEN THEY WALK OUT THE DOOR OF THAT PRISON,

THEY'VE SERVED ALL THEIR TIME, THEY'VE DONE IT ALL, THEY HAVE NOT DONE IT

ALL. I HAVE NO PROBLEM WITH RESTORING THE RIGHT TO VOTE, REGISTER TO VOTE

AFTER THE ENTIRE SENTENCE, INCLUDING PAROLE, HAS BEEN COMPLETED. BUT

THAT -- THEREIN LIES MY PROBLEM WITH THE BILL.

AND THE ONLY OTHER THING I WOULD SAY IS THAT THE

CONSTITUTION IS AN OLD DOCUMENT, BUT IT SAYS WHAT IT SAYS. SO ARTICLE II,

SECTION 3. IF PEOPLE DON'T LIKE WHAT IT SAYS THAT THE LEGISLATURE SHALL

ENACT LAWS EXCLUDING FROM THE RIGHTS OF SUFFRAGE ALL PERSONS CONVICTED

OF BRIBERY OR AN INFAMOUS CRIME, GO CHANGE IT. WE'LL PUT IT ON THE

BALLOT ALONG WITH ALL THE OTHER BALLOT THINGS THAT WE'RE VOTING ON AND

WE'LL CHANGE THE LANGUAGE SO THAT PEOPLE CAN VOTE IN PRISON OR WE CAN

TAKE UP ANY NUMBER OF BILLS, BUT AS IT STANDS RIGHT NOW, THE

CONSTITUTION IS APPARENTLY AN IMPEDIMENT TO SOME OF THE VERY

ENLIGHTENED STATEMENTS THAT I'M HEARING THIS MORNING. THANKS. I'LL BE

VOTING NO.

ACTING SPEAKER AUBRY: MS. WALSH IN THE

NEGATIVE.

MR. BURDICK.

NYS ASSEMBLY APRIL 21, 2021

MR. BURDICK: THANK YOU, MR. SPEAKER. AND TO

EXPLAIN MY VOTE?

ACTING SPEAKER AUBRY: PLEASE.

MR. BURDICK: THANK YOU. WHAT WE'VE HEARD

AMONG THOSE WHO SUPPORT THIS ARE TWO PRINCIPLES: ONE IS THE PRINCIPLE

OF REHABILITATION AND THE OTHER IS THE PRINCIPLE THAT ONE HAS PAID A DEBT

TO SOCIETY. AND THOSE TWO PRINCIPLES ARE LINKED, AND THOSE TWO

PRINCIPLES I AGREE WITH; IN FACT, IN THE BUDGET HEARINGS WE'VE HEARD THE

ACTING COMMISSIONER ANNUCCI OF DEPARTMENT OF CORRECTIONS AND

COMMUNITY SUPERVISION ALSO SAY THAT HE EMBRACES THE CONCEPT OF

CORRECTION AS SUCH, REHABILITATION AS SUCH. IT'S, AS HAS BEEN NOTED BY

THE CHAIR OF THE COMMITTEE, CORRECTIONS COMMITTEE, OF WHICH I

PROUDLY SERVE, THAT IT'S IN THE TITLE OF THE COMMITTEE ITSELF, "CORRECTIONS

COMMITTEE."

I FIRMLY BELIEVE THAT INDIVIDUALS ARE CAPABLE OF

REHABILITATION, OF TURNING THEIR LIVES AROUND AND OF BECOMING DECENT,

GOOD HUMAN BEINGS AND CITIZENS OF THE STATE. OTHERS AREN'T CAPABLE OF

THAT AND THEY WILL NOT BE RELEASED FOR PAROLE. AND I THINK THAT WE'RE

REALLY DISCUSSING WHEN CONCERNS ARE RAISED THAT THERE'S REALLY AN ISSUE

THERE. THEY WON'T BE RELEASED, PURE AND SIMPLE. BUT THOSE WHO ARE

FOUND TO HAVE TURNED THEIR LIVES AROUND WILL BE RELEASED OR SHOULD BE

RELEASED AND WITH IT, THEY SHOULD BE HAVING THE RIGHT OF A CITIZEN TO

VOTE.

I'M A PROUD COSPONSOR OF THIS BILL. I COMMEND THE

SPONSOR FOR HIS TENACITY. I VOTE IN THE AFFIRMATIVE. THANK YOU, MR.

NYS ASSEMBLY APRIL 21, 2021

SPEAKER.

ACTING SPEAKER AUBRY: MR. BURDICK IN THE

AFFIRMATIVE.

MS. NIOU.

MS. NIOU: THANK YOU, MR. SPEAKER, FOR ALLOWING

ME TO EXPLAIN MY VOTE. I JUST WANTED TO SAY THAT, YOU KNOW, THERE ARE

A COUPLE OF BIG QUESTIONS HERE THAT HAVE BEEN ASKED AND ANSWERED BY

OTHER MEMBERS WHO SPOKE VERY ELOQUENTLY ON THE ISSUE, AND I THINK

THAT THIS IS ABOUT WHETHER OR NOT SOMEBODY WHO HAS NOW BEEN RELEASED

ON PAROLE CAN ACTUALLY BE ABLE TO HAVE ALL OF THE RIGHTS OF, YOU KNOW, A

CITIZEN AGAIN UNLESS THEY VIOLATE. SO LIKE I THINK THAT THIS IS SOMETHING

THAT IS A REALLY BIG AND HISTORICAL MOMENT BECAUSE I THINK THAT, YOU

KNOW, IT IS ALSO SHOWING, YOU KNOW, WHAT WE VALUE, HOW WE VALUE,

AND, YOU KNOW, THIS IS ONE OF THE WAYS THAT WE ARE SEEING THAT, YOU

KNOW, PEOPLE WHO HAVE, YOU KNOW, DEMONSTRATED THAT THEY ACTUALLY,

YOU KNOW, WANT TO BE PARTICIPATING IN, YOU KNOW, ALL OF THE THINGS THAT

THEY CAN PARTICIPATE IN AS A CITIZEN SHOULD BE ABLE TO DO SO. AND I

THINK THAT, YOU KNOW, IT'S REALLY IMPORTANT TO RECOGNIZE OUR OWN

HISTORY, RIGHT. YOU KNOW, PEOPLE WERE QUOTING THE CONSTITUTION, ET

CETERA, AND IT'S JUST LIKE, WELL, OUR OWN HISTORY HAS SHOWN THAT, YOU

KNOW, OUR COUNTRY HAS NOT ALLOWED WOMEN TO VOTE, ASIAN-AMERICAN

WOMEN WEREN'T ALLOWED TO VOTE UNTIL ONLY ABOUT 50 YEARS AGO. SO I

MEAN, THIS IS SOMETHING THAT IS SOMETHING WE AS A COUNTRY NEED TO

RECOGNIZE.

AND I ALSO, AS A SURVIVOR OF SEXUAL ASSAULT, CHILDHOOD

NYS ASSEMBLY APRIL 21, 2021

SEXUAL ASSAULT, YOU KNOW, ECHO THE SENTIMENTS OF MY LEADER AND I

REALLY RESENT MY PAIN BEING USED AS AN EXAMPLE OF HOW WE SHOULD PUT

AND INFLICT PAIN ON OTHERS AND I THINK THAT, YOU KNOW, I THINK THAT THIS IS

ABOUT ENFRANCHISING AND RESTORING VOTER RIGHTS. AND I'M VERY STRONGLY

SUPPORTIVE BECAUSE OUR CRIMINAL JUSTICE SYSTEM IS DESIGNED IN A WAY TO

DISPROPORTIONATELY HARM PARTICULAR COMMUNITIES WHILE BENEFITTING

PARTICULAR INDIVIDUALS, AND THIS IS ONE WAY THAT HELPS TO DISMANTLE AND

RIGHT THE WRONGS --

(BUZZER SOUNDING)

ACTING SPEAKER AUBRY: HOW DO YOU VOTE,

MS. NIOU.

MS. NIOU: I VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MS.

NIOU. MS. NIOU IN THE AFFIRMATIVE.

MR. CARROLL.

MR. CARROLL: THANK YOU, MR. SPEAKER. I WANT TO

THANK THE SPONSOR AND ALL THE ADVOCATES WHO MADE TODAY POSSIBLE.

THIS BILL IS COMMON SENSE. IT IS A BILL THAT STRIKES AT THE CORE OF

REHABILITATION AND REINTRODUCTION INTO SOCIETY. WE WANT INDIVIDUALS

WHO WERE FORMERLY INCARCERATED WHO ARE OUT ON PAROLE TO BE INTEGRATED

BACK INTO OUR SOCIETY. AND WHAT BETTER WAY TO INTEGRATE FOLKS BACK

INTO SOCIETY THEN TO SAY, YOU HAVE THE FRANCHISE. YOU HAVE THE SELF

ACTUALIZATION TO BE PART OF OUR BROAD SOCIETY AND YOU HAVE THAT ABILITY

TO VOTE. IT MAKES ABSOLUTELY NO SENSE TO BE PUNITIVE TO THOSE

INDIVIDUALS WHO HAVE SERVED THEIR TIME FOR CRIMES COMMITTED TO SAY,

NYS ASSEMBLY APRIL 21, 2021

NO. YOU AREN'T GOING TO EVER FULLY REINTEGRATE BACK INTO THIS SOCIETY.

WE KNOW HOW DIFFICULT IT IS FOR INDIVIDUALS WHO WERE FORMERLY

INCARCERATED TO GET HOUSING, TO GET JOBS. WE SHOULD AT A BARE MINIMUM

ALLOW THEM TO VOICE THEIR OPINIONS AT THE BALLOT BOX.

THIS IS A GOOD STEP. WE NEED TO DO SO MANY MORE

STEPS BECAUSE WE -- THOUGH WE NEED A CRIMINAL JUSTICE SYSTEM, IT IS FAR

TOO OFTEN PUNITIVE AND COUNTERPRODUCTIVE. THIS IS A STEP IN THE RIGHT

DIRECTION. I THANK THE SPONSOR, I THANK THE ADVOCATES. I WILL BE VOTING

IN THE AFFIRMATIVE. I HOPE MY COLLEAGUES WILL DO THE SAME.

ACTING SPEAKER AUBRY: MR. CARROLL IN THE

AFFIRMATIVE.

MR. MEEKS TO EXPLAIN HIS VOTE.

MR. MEEKS: THANK YOU, MR. SPEAKER. I REMEMBER

SOME YEARS AGO, I BELIEVE IT WAS BACK 2018 WHEN THE NEWS BROKE THAT

THE GOVERNOR WAS RESTORING VOTING RIGHTS TO FORMERLY INCARCERATED

INDIVIDUALS WITH FELONIES. I HIT THE STREETS WITH SO MANY VOTER

REGISTRATION CARDS, I'M TALKING TO PEOPLE, EAST SIDE, WEST SIDE,

EVERYWHERE IN BETWEEN GETTING THEM REGISTERED TO VOTE AND LETTING

THEM KNOW, LIKE, HEY, YOUR VOTING RIGHTS HAVE BEEN RESTORED. LITTLE

DID I KNOW THE RESTRAINTS ATTACHED. VOTING RIGHTS COULD ONLY BE

RESTORED WITH THE WAVING OF A MAGIC WAND OR A PEN BY THE GOVERNOR,

AND BASED UPON HIS CHOOSING. I FELT LIED TO IN THAT MOMENT; I FELT LIKE I

WAS A LIAR MYSELF. AND IN THAT MOMENT I REALIZED THAT I HAD LET MANY

PEOPLE DOWN.

SO TODAY I AM ABSOLUTELY ECSTATIC TO VOTE IN THE

NYS ASSEMBLY APRIL 21, 2021

AFFIRMATIVE TO RIGHT THE WRONG INFORMATION I SHARED WITH MEMBERS OF

THE ROCHESTER COMMUNITY. SO, SPEAKER, I VOTE IN THE AFFIRMATIVE AND

THANK YOU VERY MUCH TO THE SPONSOR OF THIS LEGISLATION.

ACTING SPEAKER AUBRY: MR. MEEKS IN THE

AFFIRMATIVE.

MR. TANNOUSIS.

MR. TANNOUSIS: THANK YOU, MR. SPEAKER. YOU

KNOW, I'VE BEEN SITTING HERE LISTENING TO THE DEBATE FOR THE PAST HOUR OR

SO AND I WOULD TELL YOU THAT AS A FORMER PROSECUTOR, BEFORE I JOINED THE

ASSEMBLY THIS PAST YEAR, I WAS A PROSECUTOR FOR EIGHT YEARS, I SPENT FIVE

YEARS IN THE BRONX DAS OFFICE UNDER THE GREAT ROB JOHNSON, AND THEN

THREE YEARS IN THE RICHMOND COUNTY DAS OFFICE. AND I COULD TELL YOU

FOR A FACT THAT -- AND I HEARD A LOT OF CONVERSATION ABOUT THIS TODAY, AN

INDIVIDUAL'S DEBT TO SOCIETY IS NOT FINISHED UNTIL THAT INDIVIDUAL

COMPLETES PAROLE. THAT IS WHAT IS NEGOTIATED BY THE PROSECUTORS,

DEFENSE ATTORNEYS, AND JUDGES. SO I'VE HEARD A LOT OF TALK ABOUT THAT,

BUT THAT'S JUST A FACT, LEGALLY.

NOW MY LAST YEAR AS A PROSECUTOR I TRIED TWO

GRUESOME MURDER CASES, AND THE ONE THAT COMES TO MIND IS A

SIX-YEAR-OLD GIRL WHERE -- WHERE SHE LOST HER MOTHER, HER MOTHER WAS

MURDERED BY HER BOYFRIEND AND THEN THE BOYFRIEND ALSO MURDERED HER

SISTERS, OKAY. THAT INDIVIDUAL RECEIVED LIFE WITHOUT PAROLE. BUT

UNFORTUNATELY, MY WORRY IS THAT WITH THE DIRECTION THAT THE PAROLE

BOARD HAS RECENTLY TAKEN, I WOULD NOT BE SURPRISED IF INDIVIDUALS LIKE

HIM AND OTHER INDIVIDUALS ARE RELEASED INTO THE GENERAL PUBLIC. MY

NYS ASSEMBLY APRIL 21, 2021

PROBLEM WITH THIS LAW IS THAT IT DOES NOT DIFFERENTIATE BETWEEN LEVELS OF

CRIMES. IT DOESN'T DIFFERENTIATE BETWEEN LOW-LEVEL OFFENDERS AND

HIGH-LEVEL OFFENDERS. AND, YOU KNOW, FOR THE PAST EIGHT WEEKS THAT

I'VE BEEN HEARING A LOT OF DEBATE ON A VARIETY OF BILLS THAT WE'VE HAD, I

JUST WANT TO SAY THIS: THERE IS AN EVIL THAT EXISTS IN THIS WORLD THAT A LOT

OF PEOPLE DO NOT WANT TO BELIEVE EXISTS, AND THERE ARE CERTAIN PEOPLE, A

SMALL AMOUNT, THAT JUST CANNOT BE REHABILITATED. BUT THE ISSUE THAT

WE'RE HAVING IS THAT THE PAROLE BOARD HAS RECENTLY RELEASED INDIVIDUALS

THAT IN MY OPINION AS A PROSECUTOR SHOULD HAVE NEVER BEEN RELEASED

AND UNDER THIS LAW, THOSE INDIVIDUALS WOULD RECEIVE THE RIGHT TO VOTE.

THE OTHER ISSUE I HAVE IS --

ACTING SPEAKER AUBRY: HOW DO YOU VOTE, SIR,

THE TIME FOR YOUR EXPLANATION IS OVER.

MR. TANNOUSIS: THANK YOU VERY MUCH. I VOTE IN

THE NEGATIVE, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. TANNOUSIS IN THE

NEGATIVE.

MR. GANDOLFO.

MR. GANDOLFO: THANK YOU, MR. SPEAKER. TO

EXPLAIN MY VOTE.

ACTING SPEAKER AUBRY: PLEASE.

MR. GANDOLFO: I LISTENED TO THE DEBATE HERE

TODAY AND THERE IS A SENTIMENT THAT I CAN AGREE WITH THAT MAYBE PEOPLE

WHO HAVE COMMITTED A LOWER LEVEL OFFENSE WHEN THEY WERE YOUNGER

WHO ACTUALLY MADE A MISTAKE, THEY SHOULDN'T BE BARRED FROM VOTING FOR

NYS ASSEMBLY APRIL 21, 2021

THE REST OF THEIR LIFE, AND I THINK I COULD AGREE WITH THAT SENTIMENT. BUT

LIKE MANY BILLS IN THIS HOUSE, THIS ONE GOES TOO FAR. IT DOESN'T

DISTINGUISH BETWEEN LOWER LEVEL CRIMES AND HIGHER LEVEL CRIMES. AND

UNFORTUNATELY, THE PAROLE BOARD IN NEW YORK STATE SEEMS TO HAVE A

PENCHANT FOR RELEASING PARTICULARLY HEINOUS CRIMINALS, SUCH AS COP

KILLERS, RAPISTS, MURDERERS, PEOPLE LIKE ANTHONY BOTTOM AND HERMAN

BELL WHO AMBUSHED AND KILLED TWO POLICE OFFICERS. AND WHEN YOU

AMBUSH AND MURDER POLICE OFFICERS, WHEN YOU RAPE AND MURDER

WOMEN AND CHILDREN, YOU HAVE SHOWN YOU CANNOT PARTICIPATE IN A CIVIL

SOCIETY. AND YOUR DEBT TO SOCIETY IS NOT PAID WHEN YOU'RE PAROLED, IT'S

STILL A CONTINUANCE OF THE SENTENCE.

NOW WHY SHOULD THOSE PEOPLE HAVE A SAY IN THE FUTURE

OF A SOCIETY THAT THEY DISREGARD? THEY DISREGARD THE LIVES OF THE PEOPLE

THAT THEY VICTIMIZED, THEY DISREGARD THE FAMILIES WHO NOW NO LONGER

HAVE THOSE PEOPLE IN THEIR LIVES, TO RAISE THEIR CHILDREN, TO LIVE OUT THEIR

DAYS WITH THEM. SO WHEN YOU SHOW THAT YOU HAVE NO REGARD FOR CIVIL

SOCIETY, YOU DON'T DESERVE TO HAVE A SAY IN THE FUTURE OF THAT SOCIETY.

SO WITH THAT, MR. SPEAKER, I VOTE IN THE NEGATIVE.

ACTING SPEAKER AUBRY: MR. GANDOLFO IN THE

NEGATIVE.

MR. ABINANTI TO EXPLAIN HIS VOTE.

MR. ABINANTI: THANK YOU, MR. SPEAKER. WHEN A

PAROLE BOARD DECIDES THAT A PERSON IS WORTHY OF THE CHANCE TO RETURN TO

AND PARTICIPATE IN OUR COMMUNITY, WE SHOULD HONOR THAT DECISION AND

GIVE THAT RELEASED PERSON THE FULL OPPORTUNITY TO PARTICIPATE IN OUR

NYS ASSEMBLY APRIL 21, 2021

COMMUNITY. SO MANY OF THOSE ON PAROLE HAVE FAMILIES WHO THEY CARE

ABOUT AND WHO CARE ABOUT THEM. WHEN THEY RETURN AND TRY TO BLEND

BACK INTO THE COMMUNITY, THEY SHOULD NOT BE BRANDED AS OUTCASTS. WE

WANT THEM TO REASSIMILATE AND EMBRACE THE COMMUNITY'S VALUES. THEY

SHOULD HAVE THE CHANCE TO SPEAK THE MOST EFFECTIVE WAY POSSIBLE, CAST

A VOTE FOR THOSE PUBLIC OFFICIALS WHO ARE GOING TO DO THE BEST FOR THEM,

THEIR CHILDREN, THEIR FAMILIES, AND THEIR COMMUNITIES. I VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. ABINANTI IN THE

AFFIRMATIVE.

MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. SO, YOU KNOW,

THIS IS AN INTERESTING TOPIC AND A COUPLE YEARS AGO WHEN IT STARTED

COMING UP AND THE GOVERNOR DID HIS EXECUTIVE ORDER, I HAD, YOU

KNOW, PRETTY -- PRETTY CLEAR THOUGHTS ON IT AND I GOT INVITED TO MY -- MY

HIGH SCHOOL ACTUALLY TO JUDGE A SPEECH AND DEBATE TOURNAMENT, AND THIS

WAS THE TOPIC BETWEEN THE TWO INDIVIDUALS. AND THEY BOTH MADE REALLY

GOOD POINTS AND IN QUESTIONING ONE OF -- THE ONE WHO WAS ARGUING FOR

THE RESTORATION OF VOTING RIGHTS, I ASKED THEM A QUESTION WHICH WAS, IS

THERE ANY CRIME SO SEVERE THAT A PERSON SHOULD NOT HAVE THOSE RIGHTS

RETURNED TO THEM, BECAUSE CERTAINLY I BELIEVE THAT THAT WAS THE CASE,

AND MY COLLEAGUE JUST MENTIONED, YOU KNOW, SOME OF THE -- THOSE

TYPES OF CRIMES. AND, YOU KNOW, HE HAD AN INTERESTING ANSWER TO IT,

AND I'LL BE HONEST, I ENDED UP VOTING FOR THE INDIVIDUAL THAT WAS

ARGUING FOR THIS POINT TO WIN BECAUSE HE MADE POINTS AND I TOLD HIM

NYS ASSEMBLY APRIL 21, 2021

AFTERWARDS, YOU KNOW, I VOTED FOR YOU, YOU DID A GREAT JOB AND EVEN

THOUGH I DISAGREE WITH YOUR -- YOUR OPINION ON THIS, I THOUGHT YOU DID

A GREAT JOB ADVOCATING FOR IT.

BUT I ALWAYS, WHEN I THINK ABOUT THIS TOPIC, GO BACK

TO THAT. YOU KNOW, WE'VE SEEN IN THE NEWS, OUR PAROLE BOARD HAS

RELEASED PEOPLE THAT KILLED MEMBERS OF LAW ENFORCEMENT IN RECENT

YEARS. AND ONE OF THE THINGS THAT TOO OFTEN GETS DISREGARDED IS THOSE

VICTIM'S FAMILIES WHO GO THROUGH THIS PAROLE PROCESS AND, YOU KNOW,

WE HAVE TALK OF BILLS, THAT -- ELDER PAROLE BILLS AND THINGS LIKE THAT THAT

MAY INCREASE THE NEED EVERY YEAR OR TWO FOR THOSE FAMILIES TO GO

THROUGH THAT PROCESS. AND I THINK THAT'S SOMETHING WE REALLY NEED TO

THINK ABOUT WHEN WE THINK ABOUT REFORMING OUR PAROLE SYSTEM. BUT

AGAIN, THERE ARE CERTAIN CRIMES THAT ARE JUST TOO SEVERE THAT A PERSON

SHOULD NOT HAVE THEIR RIGHTS RESTORED. AS FAR AS I'M CONCERNED,

SOMEBODY WHO HAS COMMITTED AN INTENTIONAL MURDER OF AN INDIVIDUAL,

OF A LAW ENFORCEMENT OFFICER, SHOULD GET TO VOTE AGAIN WHEN THEIR

VICTIM GETS TO VOTE AGAIN, WHICH IS NEVER BECAUSE THEY'VE TAKEN THEIR

LIFE. I VOTE IN THE NEGATIVE.

ACTING SPEAKER AUBRY: MR. RA IN THE

NEGATIVE.

MS. BICHOTTE HERMELYN TO EXPLAIN HER VOTE.

MS. BICHOTTE HERMELYN: THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO AFFIRM MY VOTE IN FAVOR OF ALLOWING

PAROLEES TO VOTE. I WANT TO THANK THE SPONSOR OF THIS BILL WHO HAS BEEN

A LONG-TIME ADVOCATE FOR CRIMINAL AND SOCIAL JUSTICE REFORM. THIS BILL

NYS ASSEMBLY APRIL 21, 2021

WOULD RESTORE VOTING RIGHTS TO PAROLEES TO FACILITATE COMMUNITY

REINTEGRATION AND PARTICIPATION IN THE CIVIC PROCESS RATHER THAN

REQUIRING A PAROLEE TO WAIT UNTIL HE OR SHE HAS BEEN DISCHARGED FROM

PAROLE OR REACHED THE MAXIMUM EXPIRATION DATE OF SENTENCE. VOTING IS

A FUNDAMENTAL RIGHT, A RIGHT THAT HAS BEEN RECOGNIZED BY THE SUPREME

COURT AS REQUIRING A HIGH DEGREE OF PROTECTION FROM GOVERNMENT

ENCROACHMENT, A RIGHT THAT IS CONSTITUTIONAL, SPECIFICALLY ADDRESSED IN

THE 15TH, 19TH AND 26TH AMENDMENT, AND THESE LAWS WERE SPECIFICALLY

IMPLEMENTED TO MAKE IT HARDER, IN PARTICULAR BECAUSE OF THE DISPARATE

RATIO OF BLACK AND BROWN PEOPLE TO REINTEGRATE INTO SOCIETY AFTER

SERVING THEIR TIME. FELON DISENFRANCHISEMENT HAS CONTINUED THE JIM

CROWE LAWS OF THE SOUTH; RACIAL BIAS IN THE CRIMINAL JUSTICE SYSTEM HAS

EFFECTIVELY DEPRIVED MILLIONS OF BLACK AMERICANS THE RIGHT TO VOTE.

THIS IS A RACIAL ISSUE. ALTHOUGH AFRICAN-AMERICANS

COMPRISE ONLY 12 PERCENT OF THE COUNTRY'S GENERAL POPULATION, THEY

ACCOUNT FOR 40 PERCENT OF THOSE WHO ARE DISENFRANCHISED. PAROLEES

WHO HAVE SERVED THEIR TIME SHOULD HAVE THE RIGHT TO VOTE. VOTING IS

THE WAY WE CARRY OUR DEMOCRACY. THE BEST WAY WE CAN TO PROTECT OUR

DEMOCRACY IS TO ENFRANCHISE EVERY AMERICAN WITH THE RIGHT TO VOTE.

AND THIS BILL HELPS US ACHIEVE THAT BY RESTORING VOTING RIGHTS TO

PAROLEES.

I THANK AGAIN THE SPONSOR AND THE ADVOCATES FOR

PUSHING THIS BILL. I'M A PROUD COSPONSOR OF THIS BILL AND WILL BE VOTING

IN THE AFFIRMATIVE. I URGE MY COLLEAGUES TO VOTE IN THE AFFIRMATIVE ON

THIS BILL. THANK YOU, MR. SPEAKER.

NYS ASSEMBLY APRIL 21, 2021

ACTING SPEAKER AUBRY: MS. BICHOTTE

HERMELYN IN THE AFFIRMATIVE.

MS. WALLACE TO EXPLAIN HER VOTE.

MS. WALLACE: THANK YOU, MR. SPEAKER, FOR

GIVING ME THE OPPORTUNITY TO VOTE. AS OUR COLLEAGUE JUST SAID, FELONY

DISENFRANCHISEMENT IS ROOTED IN RACIAL DISCRIMINATION. THAT IS A

HISTORICAL FACT. IT'S ALSO A HISTORICAL FACT THAT DISENFRANCHISEMENT LAWS

HAVE LED TO THE LAWS OF THE RIGHT TO VOTE BY MANY PEOPLE OF COLOR. SO

MAKE NO MISTAKE THAT EFFORTS TODAY TO ADDRESS THIS ISSUE ARE ROOTED IN A

DESIRE TO ADDRESS SOME OF THE PROBLEMS OF SYSTEMIC DISCRIMINATION.

I, TOO, BY THE WAY, LIKE THE SPONSOR, HAVE SPOKEN TO

PLENTY OF FOLKS WHO -- IN THE COMMUNITY WHO ARE CONFUSED AND UNCLEAR

ABOUT WHETHER AND WHEN THEY HAVE THE RIGHT TO VOTE ONCE THEY'VE BEEN

RELEASED FROM PRISON. SO THIS LAW WILL CLARIFY THAT WHAT -- AND TAKES AN

IMPORTANT STEP TOWARD REINTEGRATION THAT ONCE YOU ARE RELEASED, YOU

HAVE THE RIGHT TO VOTE.

SOME OF OUR COLLEAGUES ARE USING SPECIFIC EXAMPLES

OF TERRIBLE OFFENSES AS A REASON FOR NOT RESTORING THE RIGHT TO VOTE. BUT

THE REAL QUESTION I THINK THEY SHOULD BE ASKING IN THAT SITUATION IS NOT

WHETHER THOSE PEOPLE SHOULD HAVE THE RIGHT TO VOTE, IT'S WHETHER THOSE

PEOPLE SHOULD BE RELEASED FROM PRISON IN THE FIRST PLACE. AND THAT'S A

VERY DIFFERENT QUESTION AND THAT'S A VERY DIFFERENT BILL. AND ANOTHER

COLLEAGUE SPOKE ABOUT, YOU KNOW, INDIVIDUALS WHO WERE RELEASED ON

PAROLE BY THE PAROLE BOARD WHEN HE DIDN'T THINK THAT THEY WERE -- THEY

WERE -- HE BELIEVED THEY WERE STILL A DANGER TO SOCIETY. WELL, AGAIN,

NYS ASSEMBLY APRIL 21, 2021

WHETHER THE PAROLE SYSTEM IS WORKING CORRECTLY IS A DIFFERENT QUESTION

AND A DIFFERENT BILL. THE BILL WE ARE LOOKING AT TODAY IS WHETHER ONCE

THEY ARE RELEASED, THE INDIVIDUAL HAS A RIGHT TO VOTE. AND THE FACT IS,

MOST PEOPLE, ONCE THEY ARE RELEASED FROM PRISON, MOST PEOPLE WILL BE

RELEASED FROM PRISON -- OVER 95 PERCENT OF PEOPLE WILL BE RELEASED

FROM PRISON AT SOME POINT. AS PRESIDENT BUSH SAID IN 2004, AMERICA

IS THE LAND OF SECOND CHANCES --

ACTING SPEAKER AUBRY: HOW DO YOU VOTE,

MS. WALLACE?

HOW DO YOU VOTE?

MS. WALLACE: I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: THANK YOU.

MS. BYRNES TO EXPLAIN HER VOTE.

MS. BYRNES: THANK YOU. SORRY, TRYING TO --

APPARENTLY I HAVE --

ACTING SPEAKER AUBRY: YOU'RE DOING FINE, WE

CAN HEAR YOU.

MS. BYRNES: ALL RIGHT. I'VE GOT A BIG BLOCK IN

FRONT OF ME, BUT AS LONG AS YOU CAN HEAR ME I GUESS THAT'LL BE FINE. MR.

SPEAKER, I'D LIKE TO EXPLAIN MY VOTE, SIR. AS A FORMER ROCHESTER CITY

COURT JUDGE FOR TEN YEARS, I WAS A FORMER MONROE COUNTY ASSISTANT

DISTRICT ATTORNEY FOR SEVEN WHERE I PROSECUTED VIOLENT FELONIES AND

HOMICIDES, AND I'M VERY WELL AWARE OF THE FACT THAT JUST BECAUSE A JAIL

PORTION OF A SENTENCE IS SERVED DOES NOT NECESSARILY MEAN THAT THE

COURT NO LONGER HAS JURISDICTION OVER THE CASE AND THAT THE SENTENCE HAS

NYS ASSEMBLY APRIL 21, 2021

ACTUALLY BEEN COMPLETED. I ABSOLUTELY BELIEVE IN THE RULE OF LAW. I AM

COMMITTED TO KNOWING AND UNDERSTANDING THE FACT THAT JUST BECAUSE

SOMEONE IS RELEASED ON PAROLE DOES NOT MEAN THE SENTENCE IS COMPLETE

AND THAT THEY WON'T, WE HOPE NOT, BUT THAT THEY WON'T BE RETURNED. AND

I DO BELIEVE THAT EVERYONE SHOULD HAVE THEIR VOTING RIGHTS RESTORED

WHEN THEIR ENTIRE SENTENCE IS COMPLETE. AND I WILL BE VOTING IN THE

NEGATIVE, SIR.

ACTING SPEAKER AUBRY: MS. BYRNES IN THE

NEGATIVE.

MR. REILLY TO EXPLAIN HIS VOTE.

MR. REILLY: MR. SPEAKER, TO EXPLAIN MY VOTE. SO I

LISTENED TO THIS DEBATE INTENTLY AND ONE THING THAT KEPT COMING TO MIND

WAS REGISTERED SEX OFFENDERS. AND I CAN'T HELP BUT THINK IN NEW YORK

CITY, A MAJORITY OF OUR POLL SITES ARE SCHOOLS. LEVEL 1 AND 2 SEX

OFFENDERS HAVE TO REGISTER AS A SEX OFFENDER WHILE ON PAROLE AND ON

PROBATION. THEY'RE NOT ALLOWED ON SCHOOL GROUNDS. SO I SEE A VERY

DIFFICULT SITUATION HERE. WE ARE AUTHORIZING THEM TO VIOLATE THEIR

PAROLE. LEVEL 3 SEX OFFENDERS ARE NOT ALLOWED ON SCHOOL GROUNDS FOR A

LIFETIME BECAUSE THEY HAVE TO REGISTER BECAUSE THEY'RE THE HIGHEST

RECIDIVISTS. SO THERE'S GOING TO HAVE TO BE SOME TECHNICAL FIXES HERE

JUST BY LISTENING TO THIS BECAUSE WE ARE PROMOTING, AS A LEGISLATURE, FOR

THEM TO VIOLATE THEIR PAROLE TO ENTER INTO A SCHOOL BUILDING TO VOTE. FOR

THAT REASON AND FOR SEVERAL OTHERS, I'LL BE VOTING IN THE NEGATIVE. THANK

YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. REILLY IN THE

NYS ASSEMBLY APRIL 21, 2021

NEGATIVE.

MR. LAWLER TO EXPLAIN HIS VOTE.

MR. LAWLER: THANK YOU, MR. SPEAKER. I'VE HEARD

MANY OF MY COLLEAGUES TODAY, AND I APPRECIATE THEIR SENTIMENTS, BUT

MY POSITION IS NOT ABOUT THE COLOR OF ONE'S SKIN, IT'S ABOUT THE

INDIVIDUAL CONDUCT OF THESE PEOPLE WHO WE ARE SEEKING TO GIVE VOTING

RIGHTS BACK TO. THIS BODY SEEMS TO BELIEVE THAT ANYONE WHO COMMITS

A CRIME IS, IN FACT, THE VICTIM. THEY ARE NOT. RICHARD LABARBERA AND

ROBERT MCCAIN ARE NOT VICTIMS, THEY'RE CHILD RAPISTS AND MURDERERS.

JUDITH CLARK IS NOT A VICTIM. SHE'S A COP KILLER. THERE SEEMS TO BE A

DISBELIEF BY SOME IN THIS BODY THAT THE PAROLE BOARD IS RELEASING THESE

VIOLENT OFFENDERS, THAT THEY'RE STOPPING THEM FROM BEING RELEASED SO,

THEREFORE, YOU KNOW, ANYBODY WE GRANT VOTING RIGHTS TO, THEY'RE NOT

VIOLENT, THEY'RE ALL WELL-BEHAVED PEOPLE. I CAN ASSURE YOU THE PAROLE

BOARD IS RELEASING VIOLENT CRIMINALS, MURDERERS, CHILD RAPISTS.

I'VE HEARD ABOUT CONSTITUTIONAL RIGHTS. LAW-ABIDING

CITIZENS HAVE THEIR CONSTITUTIONAL RIGHTS INFRINGED UPON BY THIS BODY

EVERY DAY. IF WE'RE GOING TO RESTORE CONSTITUTIONAL RIGHTS, I'M CURIOUS

HOW MANY OF YOU ARE GOING TO SPONSOR THE BILL TO GIVE PEOPLE THEIR 2ND

AMENDMENT RIGHTS BACK. THAT'S A CONSTITUTIONAL RIGHT. I'M ASSUMING

ON PAROLE YOU WANT EVERYONE TO HAVE THEIR 2ND AMENDMENT RIGHTS,

CORRECT? I DON'T THINK SO. SO LET'S BE REAL ABOUT WHAT WE'RE DOING HERE.

WE ARE NOT DIFFERENTIATING BETWEEN OFFENSES AND WE ARE NOT HOLDING

PEOPLE FOR -- ACCOUNTABLE FOR THEIR ACTIONS. PAROLE IS PART OF THE

SENTENCE, IT IS NOT THE END OF THE SENTENCE AND, THEREFORE, I VOTE NO.

NYS ASSEMBLY APRIL 21, 2021

ACTING SPEAKER AUBRY: MR. LAWLER IN THE

NEGATIVE.

READ THE LAST SECTION.

WE HAVE EXCEPTIONS, I'M SORRY.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. WE DO HAVE A FEW EXCEPTIONS: MR. SANTABARBARA, MR. STERN,

MS. GRIFFIN AND MS. WOERNER.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 16, CALENDAR NO. 188, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06077-A, CALENDAR

NO. 188, RAJKUMAR, GRIFFIN, OTIS, FORREST, BARRON. AN ACT TO AMEND

THE WORKERS' COMPENSATION LAW, IN RELATION TO COVERED EMPLOYMENT

AS A DOMESTIC WORKER FOR TEMPORARY DISABILITY BENEFITS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. RAJKUMAR.

MS. RAJKUMAR: THANK YOU, MR. SPEAKER. IN

2010, OUR STATE PASSED THE DOMESTIC WORKERS' BILL OF RIGHTS, GRANTING

ENHANCED RIGHTS AND PROTECTIONS TO DOMESTIC WORKERS INCLUDING

OVERTIME PAY, A DAY OF REST EACH WEEK, PROTECTIONS AGAINST HARASSMENT

UNDER THE NEW YORK STATE HUMAN RIGHTS LAW, AND EXPANDED

ELIGIBILITY FOR TEMPORARY DISABILITY BENEFITS. BUT DUE TO A TECHNICAL

NYS ASSEMBLY APRIL 21, 2021

ERROR IN THAT BILL FROM 2010, EMPLOYERS OF DOMESTIC WORKERS ARE

CURRENTLY NOT REQUIRED TO SUPPLY THESE TEMPORARY DISABILITY BENEFITS TO

THEIR DOMESTIC WORKERS, DESPITE SUCH WORKERS ACTUALLY BEING ELIGIBLE

UNDER THE LAW.

THIS BILL PLUGS THIS MISTAKE IN OVERSIGHT, AND

ACCORDING TO THE DRAFTER WHO WROTE THE BILL, THAT WAS EXACTLY WHAT THIS

WAS, AN ACCIDENTAL OVERSIGHT. AND IT PROVIDES THAT DOMESTIC

EMPLOYEES WHO WORK AT LEAST 20 HOURS PER WEEK FOR AN EMPLOYER ARE

ELIGIBLE FOR TEMPORARY DISABILITY INSURANCE AND PAID FAMILY LEAVE

BENEFITS; IN FACT, IN 2010 THE WORKERS' COMPENSATION BOARD WROTE TO

THEN GOVERNOR PATERSON REQUESTING THAT THIS LOOPHOLE BE CLOSED AND

THAT DOMESTIC WORKERS COVERED -- BE COVERED AS INTENDED BY THE

DOMESTIC WORKERS' BILL OF RIGHTS. IN FIXING THIS TECHNICAL GLITCH, THIS

BILL HELPS TO PROVIDE THE DIGNITY, RESPECT, AND RECOGNITION THAT DOMESTIC

WORKERS DESERVE. A VAST MAJORITY OF DOMESTIC WORKERS ARE WOMEN OF

COLOR. THIS IS AN ISOLATED WORKFORCE THAT IS OFTEN OVERLOOKED AND

EXPLOITED. THIS BILL PROVIDES ECONOMIC SECURITY FOR ONE OF THE FASTEST

GROWING AND LOWEST PAID OCCUPATIONS IN THE UNITED STATES.

ACTING SPEAKER AUBRY: MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. RAJKUMAR, WILL

YOU YIELD?

MS. RAJKUMAR: YES, OF COURSE.

ACTING SPEAKER AUBRY: MS. RAJKUMAR YIELDS.

NYS ASSEMBLY APRIL 21, 2021

MS. WALSH: THANK YOU SO MUCH. I DON'T KNOW

WHAT SHOW IT IS, BUT ISN'T THERE A SHOW THAT SAYS SOMETHING LIKE, AND

NOW FOR SOMETHING COMPLETELY DIFFERENT, RIGHT --

(LAUGHTER)

-- SO WE'RE MAKING A BIG TRANSITION HERE TO A DIFFERENT

KIND OF BILL, AND IT'S MY PLEASURE TO SPEAK WITH YOU ABOUT IT. I WAS

INTERESTED IN THE WAY THAT YOU DESCRIBED THIS AS KIND OF PLUGGING A

LOOPHOLE THAT WAS CREATED IN THE BILL. SO UNDER EXISTING LAW FOR

PERSONAL OR DOMESTIC EMPLOYEES IN A PRIVATE HOME TO RECEIVE DISABILITY

BENEFITS, THEY WOULD NEED TO WORK 40 HOURS A WEEK, IS THAT CORRECT?

MS. RAJKUMAR: THAT'S CORRECT.

MS. WALSH: AND WHAT THIS BILL DOES IS IT REDUCES IT

FROM 40 HOURS A WEEK DOWN TO 20 HOURS A WEEK, IS THAT CORRECT?

MS. RAJKUMAR: YES.

MS. WALSH: OKAY. SO -- OKAY. WHERE -- WHERE IN

THE LAW IS -- I'M LOOKING AT THE BILL LANGUAGE ITSELF. WHERE IS IT DEFINED

IN THE LAW RIGHT NOW WHAT A PERSONAL OR DOMESTIC EMPLOYEE IS; LIKE THE

DEFINITION OF THAT INDIVIDUAL, OR THOSE INDIVIDUALS?

MS. RAJKUMAR: SO THAT DEFINITION IS PROVIDED BY

GUIDELINES FROM THE NEW YORK STATE DEPARTMENT OF LABOR, AND A

DOMESTIC WORKER IS CONSIDERED SOMEONE WHO CARES FOR CHILDREN OR SICK

OR ELDERLY PERSONS, SOMEONE WHO PERFORMS HOUSEKEEPING CHORES, OR

SOMEONE WHO PERFORMS OTHER DOMESTIC DUTIES IN AN EMPLOYER'S HOME.

IT DOES NOT INCLUDE INDIVIDUALS WHO WORK ON A CASUAL BASIS, SUCH AS

PART-TIME BABYSITTERS, AND IT ALSO DOES NOT INCLUDE RELATIVES OF

NYS ASSEMBLY APRIL 21, 2021

EMPLOYERS -- OF THE PERSONS TO WHOM THEY OFFER CARE.

MS. WALSH: AND JUST SO -- BECAUSE WE'RE CREATING

A LEGISLATIVE RECORD HERE, MS. RAJKUMAR, COULD YOU JUST GIVE EITHER THE

DATE OF THE MEMO OF THAT GUIDANCE MEMO OR SOMETHING THAT WOULD JUST

IDENTIFY THAT SO THAT WE CAN FIND THAT IN THE FUTURE, PLEASE?

MS. RAJKUMAR: I AM UNCLEAR WHAT THE DATE IS, BUT

I WILL GET THAT TO YOU LATER IN THE QUESTIONING.

MS. WALSH: OKAY. I DON'T KNOW IF THERE WAS LIKE A

REFERENCE NUMBER OR SOMETHING LIKE THAT THAT WE COULD USE TO READ INTO

THE RECORD, NO?

MS. RAJKUMAR: NO.

MS. WALSH: OKAY. ALL RIGHT. SO YOU MENTIONED

THAT EXCLUDED FROM THIS DEFINITION ARE LIKE A BABYSITTER THAT'S AN

OCCASIONAL BABYSITTER. SO YOU KNOW, MY HUSBAND AND I ARE GOING OUT

TO DINNER, WE NEED TO GET A BABYSITTER SO WE CAN GO DO THAT, IT'S GOING

TO TAKE A COUPLE OF HOURS. THAT TYPE OF PERSON IS CLEARLY EXCLUDED

ACCORDING TO THE GUIDANCE THAT YOU SUGGESTED, CORRECT?

MS. RAJKUMAR: CORRECT. WORKERS WHO WORK ON A

CASUAL BASIS ARE EXCLUDED, AND SPECIFICALLY BABYSITTERS LIKE THAT ARE

OFTEN HIGH SCHOOL STUDENTS OR AN ELEMENTARY SCHOOL, AND THE GUIDELINES

FROM THE DEPARTMENT OF LABOR SPECIFICALLY EXCLUDE STUDENTS IN

ELEMENTARY SCHOOL OR HIGH SCHOOL.

MS. WALSH: OKAY. BUT LIKE WHEN I WAS IN HIGH

SCHOOL, ONE OF THE JOBS THAT I HAD WAS I WAS -- WELL, AT THE TIME -- THIS

IS A MILLION YEARS AGO, RIGHT, BUT THEY CALLED IT A "MOTHER'S HELPER." SO

NYS ASSEMBLY APRIL 21, 2021

EVERY DAY AFTER SCHOOL, I WENT TO A HOME IN MY NEIGHBORHOOD AND I

PROVIDED CHILD CARE FOR THREE OR FOUR HOURS TO A FAMILY OF I BELIEVE IT

WAS FIVE KIDS, IT WAS INSANE, AND -- BUT IT WAS EVERY DAY, FIVE DAYS A

WEEK SO THAT THAT POOR MOTHER COULD GO OUT AND GROCERY SHOP WITHOUT

HAVING FIVE KIDS HANGING OFF THE CART. WOULD -- WOULD THAT JOB THAT I

DID, WOULD THAT BE CONSIDERED -- IT SEEMS TO ME LIKE THAT WOULD NOT BE

CONSIDERED CASUAL BECAUSE THAT'S SOMETHING THAT WOULD BE REPEATED,

FIVE DAYS A WEEK I'D BE GOING AND DOING THAT JOB; WOULD YOU AGREE?

MS. RAJKUMAR: I APPRECIATE THAT SCENARIO. FIRST

OF ALL, IF YOU WERE A STUDENT WHEN YOU WERE PERFORMING THIS JOB, THEN

YOU WOULD NOT QUALIFY AS A DOMESTIC WORKER UNDER THIS LAW. IF,

HOWEVER, YOU WERE NOT IN SCHOOL, YOU WERE IN COLLEGE OR OUT OF COLLEGE

AND NOT A STUDENT, YOU WOULD QUALIFY SO LONG AS YOU WORKED A

MINIMUM OF 20 HOURS PER WEEK, BUT ALSO YOU HAVE TO FULFIL CERTAIN

TIME WORKED REQUIREMENTS. YOU WOULD ONLY BE -- YOU WOULD ONLY

QUALIFY FOR PAID FAMILY LEAVE IF YOU WORKED A MINIMUM OF 26

CONSECUTIVE WEEKS, AND YOU WOULD ONLY QUALIFY FOR TEMPORARY

DISABILITY BENEFITS IF YOU WORK 30 CALENDAR DAYS IN A YEAR.

MS. WALSH: OKAY. SO YOU SAID YOU APPRECIATED

THE SCENARIO, I DIDN'T APPRECIATE IT. IT WAS A REALLY HARD JOB, BUT -- SO

THE -- THE IDEA THOUGH IS THAT BECAUSE I WAS A STUDENT, HIGH SCHOOL OR

COLLEGE STUDENT, THAT WOULD NOT -- THAT WOULD NOT HAVE COVERED ME,

THAT'S INTERESTING. OKAY. SO LET'S SAY I'M OUT OF SCHOOL, I'M 23 YEARS

OLD, THIS IS JUST SOMETHING THAT I'M DOING TO SUPPLEMENT MY INCOME. IN

THAT CASE, I WOULD, UNDER THE PREVIOUS SCENARIO I GAVE YOU, I WOULD BE

NYS ASSEMBLY APRIL 21, 2021

COVERED UNDER THIS -- THIS LAW THEN I BELIEVE, SO THANK YOU.

AND LET ME GIVE YOU ANOTHER SCENARIO THAT IS VERY --

MUCH MORE CLOSE TO MY HEART. MANY OF YOU KNOW THAT I'VE SPOKEN

OFTEN ABOUT MY MOM. MY MOM IS GOING TO CELEBRATE HER 95TH BIRTHDAY

NEXT WEEK AND -- I KNOW, SHE'S AWESOME AND SHE'S DOING GREAT. SHE IS

NOW, AT THIS POINT, LIVING WITH FAMILY, BUT PRIOR TO THAT SHE LIVED IN AN

ADULT APARTMENT THAT WAS NOT ASSISTED LIVING, IT WAS AN ADULT APARTMENT

WHERE SHE HAD SOMEBODY COMING IN TO HELP HER KIND OF GET HER DAY

STARTED. YOU KNOW, GET HER UP AND GOING, MAKE SURE SHE HAD HER

BREAKFAST, HER SHOWER, THAT SHE WAS COMFORTABLE, AND THAT INDIVIDUAL

CAME IN EVERY DAY FOR ABOUT THREE OR FOUR HOURS A DAY AND HELPED HER,

YOU KNOW, HELPED HER TO KIND OF GET HER DAY GOING, AND THEN THAT

INDIVIDUAL WOULD LEAVE AND GO TO TAKE CARE OF ANOTHER ELDERLY PERSON. I

CAN'T REMEMBER IF IT WAS IN THE SAME BUILDING, I THINK IT WAS IN A

DIFFERENT LOCATION, BUT THE IDEA WAS THAT THIS WORKER, THIS -- CERTAINLY

WAS PROVIDING DOMESTIC CARE TO A SENIOR CITIZEN CLEARLY UNDER THE

GUIDANCE OF DEPARTMENT OF LABOR THAT YOU MENTIONED, BUT SHE THEN

WOULD GO AND TAKE CARE OF ANOTHER ELDERLY MEMBER OF OUR COMMUNITY.

WOULD -- IN THAT INSTANCE, WOULD EACH ELDERLY PERSON, LIKE MY MOM OR

THE OTHER PERSON THAT WAS BEING TAKEN CARE OF, WOULD THEY -- WOULD

THEY EACH HAVE TO PROVIDE THESE DISABILITY BENEFITS AND PAID FAMILY

LEAVE?

MS. RAJKUMAR: OKAY, SO FIRST TO ANSWER YOUR

EARLIER QUESTION, YOU WANTED THE DATE OF THE LATEST GUIDANCE FOR

DOMESTIC WORKERS, IT'S FROM FEBRUARY 2020.

NYS ASSEMBLY APRIL 21, 2021

MS. WALSH: OH WONDERFUL, THANK YOU. OKAY.

MS. RAJKUMAR: ABSOLUTELY.

MS. WALSH: SO ON TO THE LATEST SITUATION I LAID OUT

FOR YOU, WHAT ARE YOUR THOUGHTS ON THAT? WOULD THEY EACH -- WOULD

EACH SENIOR HAVE TO PROVIDE THE DISABILITY BENEFITS AND THE PAID FAMILY

LEAVE?

MS. RAJKUMAR: NO. THIS LAW ONLY APPLIES TO AN

INDIVIDUAL EMPLOYER. SO THE REQUIREMENTS THAT I READ YOU ARE BASED ON

A SCENARIO WHERE THERE'S AN INDIVIDUAL EMPLOYER, A PRIVATE EMPLOYER,

WHO IS HIRING ONE OR MORE DOMESTIC WORKERS.

MS. WALSH: I GUESS WHAT I'M SAYING, THOUGH, MY

QUESTION REALLY GOES TO MY MOTHER WAS THE EMPLOYER, I SUPPOSE, SHE

HAD SOMEBODY COMING IN TO HELP HER OUT. SO -- AND THEN THE NEXT LADY

THAT THE DOMESTIC CARE WORKER PROVIDED CARE TO WAS ALSO AN EMPLOYER.

SO WOULD BOTH MY MOM AND THIS OTHER ELDERLY LADY BOTH HAVE TO

PROVIDE DISABILITY BENEFITS, OR JUST MY MOTHER AND NOT THE OTHER LADY,

OR NEITHER OF THEM, OR HOW DOES THAT WORK?

MS. RAJKUMAR: WELL, THIS LAW WOULD FOCUS ON

THE PERSON WHO OFFICIALLY EMPLOYS THE DOMESTIC WORKER. SO IN YOUR

SCENARIO, WHO IS OFFICIALLY EMPLOYING THE WORKER?

MS. WALSH: MY MOTHER, MY MOM WOULD BE DOING

THAT, SHE'S THE EMPLOYER.

MS. RAJKUMAR: OKAY, BUT YOU'RE SAYING THAT

THERE'S A SECOND EMPLOYER, AS WELL?

MS. WALSH: YEAH. LIKE SO WHAT A LOT OF THE TIMES

NYS ASSEMBLY APRIL 21, 2021

THE DOMESTIC CARE WORKERS DO IS THEY'LL PROVIDE HELP TO ONE ELDERLY

PERSON, BUT THEY'LL MAYBE DO THREE OR SOMETIMES EVEN FOUR INDIVIDUALS

IN A DAY AND THEY RUN THEIR SCHEDULES SO THAT THEY'RE WORKING, YOU

KNOW, FULL-TIME BUT THEY'RE SPREADING IT OUT INTO CHUNKS OF TIMES WITH

DIFFERENT SENIORS, THAT'S HOW THEY WORK IT. THAT'S HOW THEY CAN MAKE

THE MONEY TO LIVE ON. SO WHO'S THE -- WHO ARE THE EMPLOYERS IN THAT

SITUATION AND DO WE HAVE AN ISSUE WITH -- WITH OVERLAPPING OR MAYBE

EXCESSIVE, I WOULD SAY, MAYBE COVERAGE?

MS. RAJKUMAR: NO, I DON'T BELIEVE SO. YOU'D

HAVE TO TAKE EVERY SITUATION INDIVIDUALLY. SO EACH EMPLOYER HAS THEIR

OWN RELATIONSHIP WITH THE DOMESTIC WORKER. YOU KNOW --

MS. WALSH: RIGHT.

MS. RAJKUMAR: -- IT WOULD TAKE IT EMPLOYER BY

EMPLOYER. BUT IT SEEMS TO ME, MS. WALSH, THAT YOU'RE WORRIED ABOUT

THE COSTS OF THE PROGRAM, AND I THINK --

MS. WALSH: NO, NOT SO MUCH THE COST, HONESTLY,

WHAT I'M WORRIED ABOUT IS THE -- THE BURDENSOME NATURE OF THE RULE AS IT

PERTAINS TO INDIVIDUALS LIKE THE -- LIKE THE ELDERLY WHO AREN'T WORKING

THROUGH AN AGENCY BUT ARE JUST SETTING UP THEIR OWN -- TO TAKE CARE OF

THEIR OWN CARE NEEDS THAT THEY MAY -- THEY MAY HAVE TO JUST BECAUSE

THEY'RE GETTING HELP 20 HOURS A WEEK AND THAT HELP, BY THE WAY, IS

KEEPING, YOU KNOW, MY MOM OR OTHERS SENIORS OUT OF HIGHER LEVELS OF

CARE THAT THEY DON'T OTHERWISE NEED, LIKE ASSISTED LIVING OR NURSING

HOME SETTINGS. SO THERE'S LIKE A SOCIAL UTILITY IN WANTING TO KEEP OUR

SENIORS IN THE -- KIND OF LIKE THEIR LEAST RESTRICTIVE ENVIRONMENT THAT'S

NYS ASSEMBLY APRIL 21, 2021

PROVIDING CARE, GOOD CARE TO THEM. SO I MEAN, THERE'S A SOCIAL UTILITY IN

HAVING HER GET THIS CARE, BUT IF SHE'D HAVE TO SET UP SO THAT SHE'D HAVE TO

BE PAYING OUT DISABILITY BENEFITS AND THEN POTENTIALLY 12 WEEKS OF PAID

FAMILY LEAVE TO THIS INDIVIDUAL, WHAT MY REAL CONCERN IS THAT, YOU

KNOW, SHE MIGHT HAVE TO OR BELIEVE THAT SHE NEEDED TO CUT BACK HER

CARE IN ORDER TO COME UNDER THIS 20 HOUR A WEEK THRESHOLD, AND THAT

MIGHT NOT BE REALLY GOOD FOR HER. SO THAT'S REALLY -- THAT'S REALLY ONE OF

MY MAJOR CONCERNS. BUT, YOU KNOW, I APPRECIATE YOUR ANSWERS TO MY

QUESTIONS AND, MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

WALSH.

MS. WALSH: THANK YOU SO MUCH. SO YOU KNOW,

AND I DID OFFER IT AS A PERSONAL EXAMPLE BECAUSE IT'S SOMETHING THAT,

YOU KNOW, MY FAMILY HAS REALLY -- AND SO MANY OF OUR FAMILIES ARE

TRYING TO DEAL NOW WITH HAVING, THEY SAY THAT LIKE AT MY AGE I'M LIKE IN

A SANDWICH GENERATION, RIGHT, BECAUSE I'M TAKING CARE OF -- OR HELPING

TO TAKE CARE OF AN ELDERLY PARENT AND I'M ALSO INVOLVED IN TAKING CARE OF

CHILDREN. SO THIS -- THIS LAW, THIS CHANGE IN THE LAW WOULD AFFECT

PEOPLE LIKE ME SIGNIFICANTLY BECAUSE, YOU KNOW, IF I NEEDED THAT

AFTER-SCHOOL CARE FOR MY KIDS SO THAT I COULD CONTINUE TO WORK, BE IN

THE WORKPLACE, THAT COULD -- THAT COULD POTENTIALLY EASILY HIT 20 HOURS A

WEEK DEPENDING UPON THE INDIVIDUAL THAT I USE, UNLESS I WANTED TO,

AGAIN, BRING MY CHILD TO A FORMAL DAY CARE CENTER WHERE THEY WOULD BE

FILLING OUT THIS PAPERWORK AND ABSORBING THAT COST. IF I WANTED TO SET IT

UP ON MY OWN, I'M REALLY GOING TO RUN UP AGAINST THIS REGULATION.

NYS ASSEMBLY APRIL 21, 2021

SAME WITH MY MOM OR OTHER INDIVIDUALS OR SENIORS THAT NEEDED THIS

KIND OF HELP. I REALLY WOULD HATE TO SEE THEM CUT IT DOWN SO THAT

THEY'RE ONLY GETTING 19 HOURS OF CARE WHEN MAYBE THEY NEED 25

BECAUSE THEY JUST DON'T WANT TO HAVE TO RUN UP AGAINST AN ADDITIONAL

REGULATION LIKE THIS.

YOU KNOW I THINK, AS WITH SO MANY OF THE BILLS THAT

WE DO DEAL WITH, YOU KNOW, THE GENESIS OF THE BILL AND THE DESIRE

OVERALL TO ACCORD PERSONAL OR DOMESTIC EMPLOYEES WITH THE RESPECT THAT

THEY DESERVE, I MEAN, CERTAINLY YOU WOULDN'T FIND A BIGGER FIGHTER IN

THE BFAIR2DIRECTCARE INITIATIVE THAN ME. I BELIEVE THAT THE WORK THAT

IS BEING DONE BY THESE INDIVIDUALS IS INCREDIBLY VALUABLE TO FAMILIES ALL

OVER OUR STATE, AND WE DO NEED TO BE FAIR AND WE DO NEED TO, YOU

KNOW, HAVE A CONSTRUCT THAT ALLOWS THEM TO DO WELL, BUT I DO WORRY

ABOUT THE KIND OF THE UNINTENDED CONSEQUENCES OF REDUCING IT FROM 40

HOURS DOWN TO 20 AND THEN TACKING ON 12 WEEKS OF PAID FAMILY LEAVE

ON TOP OF THAT. SO FOR THOSE REASONS, I'M NOT GOING TO BE ABLE TO

SUPPORT THIS BILL, BUT I DO THANK THE SPONSOR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT 6077-A. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE

POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

NYS ASSEMBLY APRIL 21, 2021

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS BILL. THOSE WHO WOULD LIKE TO

SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE AND WE WILL

PROPERLY RECORD YOUR VOTE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. MAJORITY MEMBERS WILL GENERALLY BE IN THE AFFIRMATIVE ON

THIS ONE. SHOULD THERE BE ANY EXCEPTIONS, COLLEAGUES SHOULD FEEL FREE

TO CONTACT THE MAJORITY LEADER'S OFFICE AND WE'LL BE HAPPY TO PROPERLY

RECORD YOUR VOTE.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

(THE CLERK RECORDED THE VOTE.)

MS. RAJKUMAR TO EXPLAIN HER VOTE.

MS. RAJKUMAR: THANK YOU, MR. SPEAKER. I

INTRODUCED THIS BILL FOR THE SAKE OF WOMEN LIKE A CONSTITUENT IN MY

DISTRICT IN QUEENS FROM OZONE PARK. SHE'S AN IMMIGRANT FROM GUYANA

WITH HIGH HOPES IN AMERICA. SHE IS A DOMESTIC WORKER WHO SPENDS

LONG DAYS CARING FOR OTHER PEOPLE'S CHILDREN IN THEIR HOMES. AT THE END

OF ONE OF HER LONG DAYS, SHE CONTACTED MY OFFICE AND TOLD ME ABOUT HER

DREAMS FOR A HOME OF HER OWN WHERE SHE AND HER DAUGHTER COULD LIVE.

SHE TOLD ME ABOUT HER LONGING TO BE INDEPENDENT AND TO PROVIDE THE

BEST EDUCATION POSSIBLE FOR HER DAUGHTER. SHE OFFERED TO VOLUNTEER

WITH ME AT FOOD DRIVES, HELPING TO SERVE FOOD TO HER NEIGHBORS GOING

NYS ASSEMBLY APRIL 21, 2021

HUNGRY DURING COVID. HER DESIRE TO GIVE BACK TO HER COMMUNITY, TO

BE INDEPENDENT AND TO SUCCEED IN THE UNITED STATES IS INSPIRING AND IS

WHAT THE AMERICAN DREAM IS ALL ABOUT.

I INTRODUCED THIS BILL FOR HER AND FOR WOMEN LIKE HER.

THIS BILL WILL GIVE WOMEN, OFTEN IMMIGRANT WOMEN AND OFTEN WOMEN

OF COLOR, THE BASIC SUPPORT THEY NEED SO THAT THEIR ASPIRATIONS IN

AMERICA CAN BECOME A REALITY. WITH THIS BILL, NEW YORK STATE LEADS

THE WAY, SHOWING THAT BRINGING DIGNITY AND ECONOMIC SECURITY TO

DOMESTIC WORK IS GOOD FOR EVERYONE. I PROUDLY VOTE IN THE AFFIRMATIVE.

THANK YOU.

ACTING SPEAKER AUBRY: MS. RAJKUMAR IN THE

AFFIRMATIVE.

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. AS IS SOMETIMES

THE CASE WITH LEGISLATION WE PASS ARE UNINTENDED CONSEQUENCES THAT WE

SHOULD BE AWARE OF WHEN WE VOTE ON A BILL THAT REQUIRES ANYONE WHO

USES A DOMESTIC WORKER FOR MORE THAN 20 HOURS A WEEK TO PROVIDE

THEM WITH UNEMPLOYMENT OR DISABILITY INSURANCE AND PAID FAMILY

LEAVE COVERAGE. THE UNINTENDED CONSEQUENCE IS THAT THEY'LL BE A LOT

LESS PEOPLE WORKING 20 HOURS A WEEK BECAUSE THE SENIOR CITIZENS THAT

CURRENTLY MAY HAVE SOMEONE COMING IN FOUR HOURS A WEEK -- OR FOUR

HOURS A DAY, FIVE DAYS A WEEK, SIMPLY WILL CUT BACK ON TIME. IT'S BAD

FOR THE WORKER AND IT'S BAD FOR OUR SENIOR CITIZENS.

THIS ALSO APPLIES TO THOSE FAMILIES THAT ARE SINGLE

PARENT FAMILIES WHO MAY HAVE SOMEONE WHO HELPS THEM OUT FOUR

NYS ASSEMBLY APRIL 21, 2021

HOURS A DAY WITH CHILD CARE, MAKING SURE SOMEONE'S HOME IF THE CHILD

COMES HOME FROM KINDERGARTEN OR PRE-SCHOOL SO THAT THEY CAN WORK.

AND NOW THIS BILL WOULD REQUIRE THEM TO PROVIDE DISABILITY BENEFITS

AND PAID FAMILY LEAVE. AND WHAT'S THAT MEAN? IN ADDITION TO EACH

ONE OF THESE INDIVIDUALS, OUR SENIORS CITIZENS, OUR SINGLE PARENT

FAMILIES NOW HAVING TO MAKE ARRANGEMENTS FOR DISABILITY BENEFITS AND

PAID FAMILY LEAVE, SOMETHING THEY WOULD NEVER NORMALLY DO. IT ALSO

MEANS THAT THE WORKERS, IF THEY'RE LUCKY ENOUGH TO HAVE OVER 20 HOURS

A WEEK, COULD TAKE 12 WEEKS OF PAID LEAVE AFTER JUST ONE MONTH ON THE

JOB. SO FOR THOSE REASONS, I WILL BE OPPOSING IT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MS. GLICK TO EXPLAIN HER VOTE.

MS. GLICK: THANK YOU, MR. SPEAKER. TO EXPLAIN

MY VOTE. I KNOW THAT OUR SOCIETY HAS, FOR A LONG TIME, COUNTED ON THE

LABOR OF WOMEN, PARTICULARLY IMMIGRANT WOMEN, TO TAKE CARE OF KIDS,

TO CLEAN OUR HOUSES, TO HELP OUT WITH SENIOR CITIZENS WITHOUT TOO MANY

BENEFITS. NO ABILITY TO, IF THEY GET HURT HELPING SOMEBODY PUT STUFF UP

IN A CLOSET OR SOMETHING, THEY ARE OUT OF LUCK. THIS IS A MEASURE THAT

RESPECTS THE LABOR OF PEOPLE WHO ARE WORKING IN OUR HOMES. WE HAD

TO DO SOMETHING. YOU KNOW, THERE ARE -- HOW MANY FOLKS HAVE RUN

INTO THE PROBLEM WITH THE NANNY ISSUE. WE LOST ONE NOMINEE TO

ATTORNEY GENERAL YEARS AGO BECAUSE THEY WERE NOT PAYING APPROPRIATE

BENEFITS TO THE NANNY. SO I THINK -- I JUST WANT TO VOTE IN THE

AFFIRMATIVE AND THANK THE SPONSOR FOR BRINGING THIS TO OUR ATTENTION.

NYS ASSEMBLY APRIL 21, 2021

ACTING SPEAKER AUBRY: MS. GLICK IN THE

AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MR.

MONTESANO IN THE AFFIRMATIVE ON THIS LEGISLATION. THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF YOU COULD RECORD OUR COLLEAGUES MS. WOERNER, MR.

SANTABARBARA, MS. WALLACE, MR. JONES, MS. BUTTENSCHON, MR.

ENGLEBRIGHT AND MR. STERN IN THE NEGATIVE ON THIS ONE.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

AND IT IS MS. RAJKUMAR'S FIRST BILL. CONGRATULATIONS,

MS. RAJKUMAR.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU

HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: WE DO -- NO

HOUSEKEEPING, BUT WE DO HAVE A PRIVILEGED RESOLUTION BY MS. GIGLIO.

RESOLUTION NO. 187, THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 187, MS.

NYS ASSEMBLY APRIL 21, 2021

GIGLIO.

LEGISLATIVE RESOLUTION MOURNING THE DEATH OF KERI

STROMSKI, BELOVED TEACHER, DISTINGUISHED CITIZEN, AND DEVOTED MEMBER

OF HER COMMUNITY.

ACTING SPEAKER AUBRY: MS. GIGLIO ON THE

RESOLUTION.

MS. GIGLIO: THANK YOU, MR. SPEAKER. IT'S NOT OFTEN

THAT YOU MEET SOMEONE WHOSE CONCERN FOR OTHERS REMAINS THEIR

GUIDING PRINCIPLE DESPITE THEIR OWN EXTRAORDINARY CHALLENGES, SOMEONE

WHO CONTINUES TO LIGHT THE WAY FOR OTHERS EVEN THOUGH THEIR OWN

CIRCUMSTANCES ARE DIRE. KERI STROMSKI, A BELOVED WIFE, MOTHER,

DAUGHTER, SISTER, FRIEND, AND KINDERGARTEN TEACHER AT THE AQUEBOQUE

ELEMENTARY SCHOOL WAS SO MANY THINGS TO SO MANY PEOPLE. SHE

CHALLENGED STAGE IV METASTATIC BREAST CANCER WITH HER VERY BEING.

AFTER FIVE YEARS OF BATTLING CANCER, TODAY, KERI, THE "QUEEN OF SELFIES,"

WARRIOR, AND SUPER HERO LAYS AT REST WITH THE LORD.

SHE CONTINUED TEACHING REMOTE CLASSES DURING THE

COVID CRISIS DESPITE ROUNDS OF CHEMOTHERAPY. SHE BECAME A

CRUSADER, MAKING SURE PEOPLE SUFFERING AS SHE DID WOULD HAVE THE

SUPPORT THEY NEED AND ALWAYS HAVE A SHOULDER TO LEAN ON. KERI

BECAME A SOCIAL MEDIA WARRIOR WITH A DEVOTED FOLLOWING AS SHE

ADVOCATED FOR MORE RESEARCH AND TREATMENT FOR METASTATIC CANCER. SHE

TOOK ON NON-PROFITS THAT RAISED FUNDS IN THE NAME OF BEATING CANCER,

BUT FUNNELED TOO MUCH, IN HER OPINION, TO EXECUTIVE SALARIES AND

PROMOTIONS. KERI TAUGHT KINDERGARTEN FOR MORE THAN TWO DECADES AND

NYS ASSEMBLY APRIL 21, 2021

EVEN AFTER BEING DIAGNOSED JUST AFTER HER 44TH BIRTHDAY, CONTINUED

TEACHING AND LIVING LIFE FULLY AND VIGOROUSLY WITH HER HUSBAND AND

THREE CHILDREN. SHE WORKED FULL-TIME AND WAS THERE FOR EVERY EVENT

THAT FILLED HER FAMILY'S CALENDAR. KERI INSPIRED ONE OF HER STUDENTS TO

CREATE A HUG MACHINE SO HE COULD SAFELY HUG HIS BELOVED TEACHER

DURING THE PANDEMIC. THE HUG WAS CAPTURED ON VIDEO AND WENT VIRAL,

A HUG FELT AROUND THE WORLD THAT WAS COVERED BY TV STATIONS ACROSS THE

COUNTRY. FOR HER LOVING AND CONCERNS FOR OTHERS, KERI BECAME A

NATIONAL CELEBRITY. THIS EXTRAORDINARILY SOUL LEAVES BEHIND A BEAUTIFUL

FAMILY: HUSBAND, ROB; CHILDREN MADISON, MORGAN, AND QUINN;

PARENTS ALLAN AND JUDY, SIBLINGS SCOTT, JILL, AND ROB. OUR HEARTS AND

PRAYERS GO OUT TO THEM.

KERI WAS A FRIEND OF MINE AND VERY MUCH LOVED BY

HER COMMUNITY. HERE IN THE STATE ASSEMBLY, WE RECOGNIZE

ASTONISHING PEOPLE LIKE KERI STROMSKI OF JAMESPORT, NEW YORK. I'M

HUMBLED AND HONORED TO OFFER A RESOLUTION ALONGSIDE ASSEMBLYMAN

FRED THIELE AND SENATOR ANTHONY PALUMBO, THE RESOLUTION RECOGNIZING

THIS BRAVE AND COMPASSIONATE WOMAN. I URGE MY COLLEAGUES AND

CONSTITUENTS TO PAUSE IN A MOMENT OF SILENCE IN REMEMBRANCE FOR HER,

AS WELL. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU. ON THE

RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE

RESOLUTION IS ADOPTED.

WE DO HAVE NUMEROUS OTHER RESOLUTIONS. WE WILL

TAKE THEM UP WITH ONE VOTE. ON THE RESOLUTIONS, ALL THOSE IN FAVOR

NYS ASSEMBLY APRIL 21, 2021

SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NO. 186 WAS

UNANIMOUSLY APPROVED.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I NOW MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL

THURSDAY, APRIL 22ND, TOMORROW BEING A LEGISLATIVE DAY, AND THAT WE

RECONVENE AT 2:00 P.M. ON APRIL THE 26TH, MONDAY BEING A SESSION

DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 12:49 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL THURSDAY, APRIL 22ND, THURSDAY BEING A LEGISLATIVE

DAY, AND TO RECONVENE ON MONDAY, APRIL 26TH AT 2:00 P.M., MONDAY

BEING A SESSION DAY.)