TUESDAY, APRIL 27, 2021 4:17 P.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF
SILENCE.
(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
JOURNAL OF MONDAY, APRIL 26TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE
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NYS ASSEMBLY APRIL 27, 2021
THAT WE DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MONDAY,
APRIL 26TH 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 WOULD LIKE TO WELCOME COLLEAGUES TO THE CHAMBERS AS WELL
AS THOSE WHO ARE WITH US REMOTELY. TODAY -- AND IF I COULD BRING FOLKS'
ATTENTION TO OUR CALENDAR FOR TODAY, PRIOR TO THAT, MR. SPEAKER, IF I
COULD I WOULD LIKE TO PROVIDE A QUOTE. THIS ONE TODAY COMES FROM
SOMEONE WHO IS VERY WELL-KNOWN IN THE STATE OF NEW YORK. HE IS
NONE OTHER THAN JIM KELLY. HE'S THE FORMER AMERICAN FOOTBALL
QUARTERBACK WHO PLAYED FOR THE NATIONAL FOOTBALL LEAGUE FOR 11
SEASONS IN THE SECOND LARGEST CITY IN THE STATE OF NEW YORK AND BY THE
WAY, THE ONLY NFL FOOTBALL TEAM THAT ACTUALLY HAS A STADIUM IN THE
STATE OF NEW YORK. AND HIS QUOTE FOR US TODAY IS, "MAKE A DIFFERENCE
TODAY FOR SOMEONE WHO'S FIGHTING FOR THEIR TOMORROW." AGAIN, MR.
SPEAKER, THAT IS FROM JIM KELLY.
I WANT TO REMIND COLLEAGUES AGAIN THAT THIS IS THE
SECOND DAY -- SESSION DAY OF THE 17TH WEEK OF THE 244TH LEGISLATIVE
SESSION. MEMBERS HAVE ON THEIR DESKS A MAIN CALENDAR AND AN
A-CALENDAR. AND IF I COULD NOW, MR. SPEAKER, COULD I MOVE THAT
A-CALENDAR?
ACTING SPEAKER AUBRY: CERTAINLY. ON MRS.
PEOPLES-STOKES' MOTION, THE A-CALENDAR IS ADVANCED.
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NYS ASSEMBLY APRIL 27, 2021
MRS. PEOPLES-STOKES: THANK YOU SO MUCH, MR.
SPEAKER. BY THE WAY, THAT A-CALENDAR IS FOR TOMORROW AND AS FOR
TODAY, AFTER ANY HOUSEKEEPING WE ARE GOING TO TAKE UP RESOLUTIONS ON
PAGE 3. OUR PRINCIPAL WORK FOR THE DAY WILL BE TAKING UP BILLS DIRECTLY
FROM THE MAIN CALENDAR AND THOSE BILLS INCLUDE CALENDAR NO. 230 BY
MS. CRUZ, CALENDAR NO. 225 BY MS. PAULIN, CALENDAR NO. 208 BY MS.
LUNSFORD AND CALENDAR NO. 205 BY MS. LUPARDO. THAT'S THE GENERAL
OUTLINE, MR. SPEAKER. IF THERE'S ANY HOUSEKEEPING OR INTRODUCTIONS THAT
YOU HAVE AT THIS MOMENT IT WOULD BE A GREAT TIME. THANK YOU.
ACTING SPEAKER AUBRY: NO HOUSEKEEPING, NO
INTRODUCTIONS, MRS. PEOPLES-STOKES. WE WILL GO TO RESOLUTIONS ON PAGE
3 STARTING WITH ASSEMBLY NO. 189.
THE CLERK: ASSEMBLY RESOLUTION NO. 189, MR.
HEVESI. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.
CUOMO TO PROCLAIM APRIL 30, 2021 AS ADVERSE CHILDHOOD EXPERIENCES
AWARENESS DAY 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. 203, MS.
SEAWRIGHT. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW
M. CUOMO TO PROCLAIM APRIL 2021 AS SEXUAL ASSAULT AWARENESS
MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION,
MS. SEAWRIGHT.
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NYS ASSEMBLY APRIL 27, 2021
MS. SEAWRIGHT: THANK YOU, MR. SPEAKER, TO
SPEAK ON THE RESOLUTION. I RISE TO SHARE THIS RESOLUTION TO PROCLAIM
APRIL 2021 AS SEXUAL ASSAULT AWARENESS MONTH IN THE STATE OF NEW
YORK. SEXUAL VIOLENCE AFFECTS MILLIONS OF PEOPLE EACH YEAR IN THE
UNITED STATES. EVERYONE IS AFFECTED BY SEXUAL VIOLENCE. EVERY 73
SECONDS ANOTHER AMERICAN IS SEXUALLY ASSAULTED. ONE OUT OF EVERY SIX
AMERICAN WOMEN HAS BEEN THE VICTIM OF AN ATTEMPTED OR COMPLETED
RAPE IN HER LIFETIME. ABOUT 3 PERCENT OF AMERICAN MEN OR 1 IN 33
HAVE EXPERIENCED AN ATTEMPTED OR COMPLETED RAPE IN THEIR LIFETIME.
MAJORITY OF CHILD VICTIMS ARE 12 TO 17. VICTIMS UNDER THE AGE OF 18,
34 PERCENT OF VICTIMS OF SEXUAL ASSAULT AND RAPE ARE UNDER THE AGE OF
12 AND 66 PERCENT OF VICTIMS OF SEXUAL ASSAULT AND RAPE ARE UNDER THE
AGE OF 12 TO 17. ONLY 5 OUT OF EVERY 1,000 PERPETRATORS WILL END UP IN
PRISON. COMPOUNDING THE PROBLEM IN NEW YORK AND IN STATES AROUND
THE COUNTRY MANY OF THESE CASES GO UNCHANGED OR UNPROSECUTED.
CONVICTIONS ARE RARE. I RISE IN SUPPORT OF THE NEW YORKERS WHO WILL OR
HAVE EXPERIENCED SEXUAL ASSAULT IN THEIR LIFETIME. I HOPE THIS WILL RAISE
CONVERSATIONS AMONG FAMILIES AND FRIENDS TO PREVENT VIOLENCE AND TO
MAKE PEOPLE COMFORTABLE TO REPORT INCIDENTS OF SEXUAL VIOLENCE.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 204, MR.
TAGUE. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.
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NYS ASSEMBLY APRIL 27, 2021
CUOMO TO PROCLAIM APRIL 30, 2021 AS THERAPY ANIMAL DAY IN THE
STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MR. TAGUE ON THE
RESOLUTION.
MR. TAGUE: ON THE RESOLUTION, MR. SPEAKER.
ACTING SPEAKER AUBRY: PLEASE.
MR. TAGUE: IT IS MY HONOR TO JOIN YOU ALL TODAY IN
DECLARING APRIL 30, 2021 AS THERAPY ANIMAL DAY IN NEW YORK STATE.
TODAY WE HONOR THOSE WHO WORK AND LIVE WITH THERAPY ANIMALS AND
TAKE TIME TO APPRECIATE THE POSITIVE IMPACT THEY MAKE IN THE LIVES OF
COUNTLESS NEW YORKERS FROM ALL WALKS OF LIFE. THERAPY ANIMALS HAVE
BEEN SHOWN TO DO WONDERS FOR BOTH THE LEVELS OF PAIN AND EMOTIONAL
DISTRESS THAT PEOPLE FEEL IN TIMES OF NEED INCLUDING OUR NATION'S HEROES
AS PROGRAMS CONNECTING RETURNING SERVICE MEMBERS WITH THERAPY
ANIMALS HAVE SHOWN PROMISING RESULTS IN HELPING THEM ADAPT TO
CIVILIAN LIFE. THE USE OF THERAPY ANIMALS IN MAINTAINING HUMAN
WELLNESS WILL ONLY INCREASE OVER TIME AND I LOOK FORWARD TO EXPLORING
EVEN FURTHER THE ROLES THAT THERAPY ANIMALS CAN PLAY IN THE LIVES OF
THOSE WHO LIVE WITH PAIN AND DISTRESS. THESE ANIMALS PROVIDE HEALING
COMFORT THAT CAN NEVER BE ENCAPSULATED INTO A DRUG AND I WILL CONTINUE
TO ADVOCATE UTILIZING THEM IN THE TREATMENT OF PHYSICAL AND MENTAL
AILMENTS WHENEVER THEIR COMPANIONSHIP MAY BE HELPFUL. IN A TIME
WHEN PRESCRIPTION DRUG ADDICTION IS REACHING NEW HEIGHTS AND TAKING
OUR LOVED ONES FROM US ACROSS THE STATE, UTILIZING ALTERNATIVE TREATMENT
OPTIONS SUCH AS THERAPY ANIMAL COMPANIONSHIP CAN BOTH PROVIDE MORE
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NYS ASSEMBLY APRIL 27, 2021
EFFECTIVE CARE AND POTENTIALLY SAVE LIVES. SO I HOPE YOU WILL ALL JOIN
ME IN SUPPORTING THERAPY ANIMAL PROGRAMS IN CELEBRATING THE POSITIVE
IMPACT THERAPY ANIMALS MAKE IN THE LIVES OF THOUSANDS OF NEW
YORKERS TODAY AND EVERY DAY. AND THIS IS NEAR AND DEAR TO MY HEART
BECAUSE I LOST MY LITTLE DOG OF 11 YEARS ON SATURDAY. ALTHOUGH SHE
WASN'T A THERAPY ANIMAL, SHE DID PROVIDE A LOT OF THERAPY TO ME OVER
THE YEARS. I MISS HER AND I DEDICATED THIS TO MY LITTLE MACI MAE.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 205, MR.
BRABENEC. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW
M. CUOMO TO PROCLAIM APRIL 2021 AS PET CRUELTY AWARENESS MONTH IN
THE STATE OF NEW YORK IN CONJUNCTION WITH THE OBSERVANCE OF NATIONAL
ANIMAL CRUELTY AWARENESS MONTH.
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. 206, MR.
BYRNE. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.
CUOMO TO PROCLAIM APRIL 26-30, 2021 AS WORK ZONE AWARENESS
WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MR. BYRNE ON THE
RESOLUTION.
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NYS ASSEMBLY APRIL 27, 2021
MR. BYRNE: THANK YOU, MR. SPEAKER, ON THE
RESOLUTION. I RISE TO THANK MY COLLEAGUES FOR HOPEFULLY SUPPORTING THIS
VERY IMPORTANT RESOLUTION PROCLAIMING APRIL 26TH THROUGH THE 30TH AS
WORK ZONE AWARENESS WEEK IN THE STATE OF NEW YORK. IT'S IN
CONJUNCTION WITH NATIONAL WORK ZONE AWARENESS WEEK AND IS
INTENDED TO BRING NATIONAL ATTENTION TO MOTORISTS AND WORKER SAFETY AND
MOBILITY ISSUES IN WORK ZONES. THIS YEAR'S THEME IS DRIVE SAFE. WORK
SAFE AND SAVE LIVES. OUR LEGISLATURE HAS DONE A LOT OVER THE YEARS TO
IMPROVE WORKER SAFETY. WE'VE PASSED THINGS LIKE THE MOVE OVER LAW
AND JUST A PERSONAL ANECDOTE THAT I WOULD LIKE TO SHARE FOR THOSE OF YOU
THAT DON'T KNOW, I DID VOLUNTEER WORK EMERGENT SERVICES PRIOR TO
ELECTED OFFICE AND AS A COLLEGE STUDENT I USED TO VOLUNTEER WITH THE
PUTNAM VALLEY AMBULANCE CORPS IN BETWEEN SEMESTERS. ONE OF MY
VERY FIRST CALLS AS AN ATTENDANT WAS ON THE TACONIC STATE PARKWAY WITH
A PUTNAM VALLEY AMBULANCE WHERE A HELP TRUCK WORKER WAS HELPING
A DISABLED VEHICLE AS THE WORKER WAS PUTTING UP CONES ON THE SIDE OF
THE TACONIC STATE PARKWAY WHEN THE WORKER WAS CLIPPED. WE HAD TO
RUSH TO THAT SCENE TO HELP CARE FOR THAT WORKER AND THE OTHER PEOPLE ON
THE SCENE. THANKFULLY THAT WORKER WHILE HE WAS SIGNIFICANTLY INJURED
HE SURVIVED. SADLY SO MANY OTHER PEOPLE DO NOT. SO THIS -- THIS
RESOLUTION IS VERY IMPORTANT FOR ALL THOSE WORKERS, OUR FIRST RESPONDERS,
OUR HIGHWAY WORKERS, THOSE IN CONSTRUCTION AND MORE. I JUST WANT TO
SAY, TOO, THAT LAST YEAR AS PART OF OPERATION HARDHAT WITH THE STATE OF
NEW YORK THE STATE POLICE ISSUED OVER 1,770 TICKETS WITHIN THIS WEEK.
THAT WAS OVER A 70 PERCENT INCREASE OVER THE PREVIOUS YEAR. BUT THAT'S
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NYS ASSEMBLY APRIL 27, 2021
ONLY A SNAPSHOT OF THE PROBLEMS THAT WE FACE YEAR-ROUND. SO, AGAIN, I
THANK MY COLLEAGUES FOR SUPPORTING THIS RESOLUTION. DRIVE SAFE. WORK
SAFE AND SAVE LIVES.
ACTING SPEAKER AUBRY: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
PAGE 20, CALENDAR NO. 230, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A06319, CALENDAR NO.
230, CRUZ, GRIFFIN, BURDICK, TAYLOR, BARNWELL, ZEBROWSKI, DINOWITZ,
VANEL, SIMON, BURGOS, L. ROSENTHAL, GONZÁLEZ-ROJAS, PERRY,
JACOBSON, OTIS. AN ACT TO AMEND THE PENAL LAW, THE CRIMINAL
PROCEDURE LAW, THE CORRECTION LAW, THE SOCIAL SERVICES LAW, THE
VEHICLE AND TRAFFIC LAW, THE FAMILY COURT ACT, THE CIVIL RIGHTS LAW,
THE CIVIL PRACTICE LAW AND RULES, THE AGRICULTURE AND MARKETS LAW,
THE JUDICIARY LAW AND THE DOMESTIC RELATIONS LAW, IN RELATION TO SEX
OFFENSES; AND TO REPEAL CERTAIN PROVISIONS OF THE PENAL LAW RELATING
THERETO.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. CRUZ.
MS. CRUZ: THIS BILL WOULD AMEND THE PENAL LAW TO
REMOVE THE REQUIREMENT OF PENETRATION FROM THE DEFINITION OF SEXUAL
INTERCOURSE FOR THE PURPOSES OF THE RAPE STATUTES WHICH INCLUDES NEW
YORK PENAL LAW 130.25, 130.30, 130.35. IT WOULD REDEFINE RAPE TO
INCLUDE VAGINAL SEXUAL CONTACT, ORAL SEXUAL CONTACT, ANAL SEXUAL CONTACT
WHICH ARE CURRENTLY PROSECUTED AS CRIMINAL SEXUAL ACTS UNDER NEW
8
NYS ASSEMBLY APRIL 27, 2021
YORK PENAL LAW 130.40, 130.45 AND 130.50. IT WOULD REPEAL SECTIONS
OF THE PENAL LAW RELATING TO CRIMINAL SEXUAL ACTS AND INCORPORATE THE
CONDUCT OF THOSE OFFENSES INTO THE ELEMENTS OF THE RESPECTIVE RAPE
STATUTES. THE PENALTIES WOULD REMAIN THE SAME AS THE REPEAL STATUTES.
IT WOULD MAKE CONFORMING CHANGES THROUGHOUT VARIOUS SECTIONS OF THE
LAW. THE POINT OF CONSOLIDATING THESE CRIMES UNDER ONE STATUTE
THEREBY REDEFINING RAPE IN OUR STATE IS TO VALIDATE SURVIVORS AND THEIR
EXPERIENCES. SURVIVORS WHO ALREADY STRUGGLE TO COME TO TERMS WITH
WHAT HAS HAPPENED TO THEM UNDER THE CURRENT LAW ARE ALSO BEING TOLD
THAT FORCEABLE AND HORRIBLE CRIMINAL ACTS COMMITTED AGAINST THEM ARE
SOMEHOW NOT STATUTORILY RECOGNIZED AS RAPE.
THE BRAVE SURVIVOR AT THE CENTER OF THIS LEGISLATIVE
CHANGE IS LYDIA CUOMO. IN THE EARLY MORNING OF AUGUST 19, 2011,
25-YEAR-OLD MS. CUOMO WHO WAS ABOUT TO START HER FIRST DAY AS A
SCHOOLTEACHER WAS WAITING OUTSIDE FOR HER PRINCIPAL TO GIVE HER A RIDE.
SHE WAS APPROACHED BY AN OFF-DUTY POLICE OFFICER NAMED MICHAEL
PENA WHO HAD BEEN OUT DRINKING THE NIGHT BEFORE AND HE ASKED HER TO
ACCOMPANY HIM TO A NEARBY SUBWAY. WHEN SHE REFUSED, HE BRANDISHED
HIS POLICE-ISSUED 9-MM GLOCK HANDGUN AND FORCED HER DOWN AN
ALLEYWAY WHERE HE HOLDING A GUN TO HER HEAD, VIOLATED HER IN EVERY
WAY IMAGINABLE, THREATENING TO SHOOT HER IN THE FACE IF SHE SCREAMED OR
IF SHE OPENED HER EYES. ON MARCH 28, 2012, A DAY AFTER MR. PENA WAS
CONVICTED OF SEXUALLY ASSAULTING MS. CUOMO, A NEW YORK STATE
SUPREME COURT JUSTICE DECLARED A MISTRIAL ON THE REMAINING TWO
COUNTS OF RAPE AND RELATED CHARGES THAT HAD LEFT THE JURY DEADLOCKED.
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NYS ASSEMBLY APRIL 27, 2021
THE JURY WAS DIVIDED ON TWO RAPE COUNTS WHICH REQUIRED A FINDING THAT
PENA HAD VAGINALLY PENETRATED THE VICTIM. DESPITE OVERWHELMING
EVIDENCE OF FORCIBLE NONCONSENSUAL SEXUAL CONDUCT AGAINST THE VICTIM,
PENA WAS NOT CONVICTED OF RAPE BUT INSTEAD OF THE LESSER CHARGES OF
CRIMINAL SEXUAL ASSAULT AND PREDATORY SEXUAL ASSAULT. THE PREDATORY
SEXUAL ASSAULT CHARGE WAS ADDED BECAUSE HE USED A GUN TO COMMIT THE
CRIME. THE CRIMINAL SEXUAL ACT CHARGES OF WHICH HE WAS CONVICTED
INCLUDED VIOLATING HER ORALLY AND ANALLY AND IT DID NOT REQUIRE PROOF OF
PENETRATION. HOWEVER, IN ORDER TO PROVE RAPE UNDER THE LAW RIGHT NOW
YOU MUST PROVE THAT THERE WAS PENETRATION BETWEEN GENITALS. MEMBERS
OF THE JURY LATER OPINED WHILE THERE WAS ANAL AND ORAL CONTACT SUFFICIENT
TO MEET THE CURRENT STANDARD FOR CRIMINAL SEXUAL ACTS, THERE WAS NOT
ENOUGH EVIDENCE TO CONVICT ON RAPE BECAUSE THERE WAS NOT DEFINITIVE
PROOF OF PENETRATION REQUIRED UNDER THE EXISTING LAW. RIGHT NOW WHILE
COMMONSENSE DICTATES THAT WHAT HAPPENED TO MS. CUOMO IS IN FACT
RAPE, THE LAW REQUIRES THAT RAPE INCLUDE PENETRATION.
IN 2012 THE FBI EXPANDED THE DEFINITION OF RAPE TO
INCLUDE MULTIPLE KINDS OF PENETRATION INCLUDING FORCED ORAL AND ANAL
SEX, MORE SPECIFICALLY PENETRATION NO MATTER HOW SLIGHT OF THE VAGINA
OR ANUS WITH ANY BODY PART OR OBJECT OR ORAL PENETRATION BY A SEX ORGAN
OF ANOTHER PERSON WITHOUT THE CONSENT OF THE VICTIM. IN ADDITION, EIGHT
OTHER STATES RECOGNIZE RAPE AS ORAL, ANAL OR VAGINAL CONTACT.
OUR JOB AS LEGISLATORS IS TO AMEND OUTDATED LEGISLATION
TO ADDRESS THE EVER-CHANGING NEEDS OF RESIDENTS IN OUR STATE. THIS
PARTICULAR CASE WHAT IT DID WAS SHOW US THE FLAW IN OUR LAWS AND IT IS
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NYS ASSEMBLY APRIL 27, 2021
OUR DUTY TO FIX IT. THE REALITY RIGHT NOW IS WHEN PERSONS ARE SEXUALLY
VIOLATED IT IS NOT ADEQUATELY ACKNOWLEDGED OR PROSECUTED. THIS
LEGISLATION ESTABLISHES A POLICY THAT THE LAW SUPPORTS VICTIMS OF RAPE,
PERIOD. AND IT IS OUR HOPE THAT IT'LL ALSO INFLUENCE THE ATTITUDE TOWARDS
SURVIVORS.
ACTING SPEAKER AUBRY: THANK YOU.
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
MS. CRUZ: I'LL YIELD.
ACTING SPEAKER AUBRY: MS. CRUZ WILL YIELD.
MS. WALSH: THANK YOU, MS. CRUZ. SO I DO HAVE
SOME QUESTIONS AND I WOULD SAY IN ALL HONESTY, I MEAN SOMETIMES
THESE DEBATES ARE REBROADCAST ON CABLE TV AND ALTHOUGH WE DON'T DO,
YOU KNOW, PARENTAL WARNINGS OR ANYTHING BUT, YOU KNOW, THIS IS A --
THIS IS A VERY DIFFICULT AND KIND OF GRAPHIC TOPIC SO I JUST AT THE OUTSET
JUST WANTED TO SAY THAT, YOU KNOW, SOME OF WHAT WE'RE GOING TO BE
TALKING ABOUT MIGHT BE UPSETTING TO SOME PEOPLE, YOU KNOW, WATCHING
THIS LATER SO I JUST WANTED TO PUT THAT OUT THERE. THANK YOU FOR
YIELDING.
SO -- AND YOU GAVE A VERY DETAILED EXPLANATION OF THE
BILL WHICH I APPRECIATE. I'D LIKE TO JUST GO THROUGH AGAIN FOR OUR
COLLEAGUES JUST SO THAT WE ALL KNOW WHAT EXACTLY THIS BILL IS DOING AND
WHAT IT IS NOT DOING SO IF YOU'LL INDULGE ME WITH THAT. THE BILL REMOVES
THE PENETRATION REQUIREMENT FROM THE DEFINITION OF SEXUAL INTERCOURSE
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NYS ASSEMBLY APRIL 27, 2021
ALLOWING CONTACT BETWEEN BODY PARTS TO SUFFICE, CORRECT?
MS. CRUZ: I'M SORRY. CAN YOU REPEAT THAT?
MS. WALSH: IT'S SO HARD WITH THE MASK, I'M SORRY.
MS. CRUZ: I KNOW.
MS. WALSH: IT REMOVES THE PENETRATION
REQUIREMENT FROM THE DEFINITION OF SEXUAL INTERCOURSE ALLOWING CONTACT
BETWEEN BODY PARTS TO SUFFICE.
MS. CRUZ: THAT'S CORRECT.
MS. WALSH: ALL RIGHT. SO EVEN UNDER -- UNDER
EVEN OUR EXISTING LAW I JUST WANT TO POINT THIS OUT, THERE IS A
PENETRATION REQUIREMENT. HOWEVER, IT SAYS "HOWEVER SLIGHT." THAT'S
WRITTEN RIGHT INTO THE STATUTE. SO I WOULD JUST SAY THAT I UNDERSTAND THAT
THE POINT OF THE BILL IS TO COMPLETELY REMOVE A PENETRATION
REQUIREMENT, BUT EVEN UNDER EXISTING LAW IT JUST REQUIRES "HOWEVER
SLIGHT" TO BE PART OF THE PROOF. I JUST WANTED TO MAKE THAT POINT.
MS. CRUZ: WELL, IF I MAY, IT'S ONLY IN RELATION TO
PENETRATION TO THE VAGINA. IT DOES NOT ACTUALLY ADDRESS PENETRATION
ORALLY OR ANALLY WHICH IS PART OF WHAT WE'RE TRYING TO MAKE SURE --
MS. WALSH: VERY GOOD.
MS. CRUZ: -- (INAUDIBLE) DIDN'T HAPPEN.
MS. WALSH: VERY GOOD. THE OTHER THING -- ANOTHER
THING THAT THE LAW -- THE PROPOSED LAW DOES IS TO REDEFINE RAPE BY
INCLUDING FORCED SEXUAL INTERCOURSE AND FORCED ORAL OR ANAL SEX,
CORRECT?
MS. CRUZ: OH, I WOULD ARGUE THAT IT'S NOT THAT IT'S
12
NYS ASSEMBLY APRIL 27, 2021
REDEFINING IT SO MUCH AS IT'S BRINGING IT INTO REALITY. I THINK MANY OF US
WOULD AGREE THAT NO MATTER WHICH OF THE THREE ACTS IS COMMITTED
THEY'RE ALL RAPE, HENCE THE NAME OF THE ACT RAPE IS RAPE. OUR LAW HAS
FAILED TO RECOGNIZE THAT FOR DECADES. OUR LAW HAS FAILED TO RECOGNIZE
THAT VICTIMS NEED THAT CONVICTION IN ORDER TO HEAL AND MOVE FORWARD SO
I WOULD ARGUE THAT IT'S ACTUALLY JUST BRINGING IT TO REALITY.
MS. WALSH: ALL RIGHT. SO THE WAY I LOOKED AT IT AS
I WAS LOOKING AT -- WHAT I THINK IS -- IS INTERESTING AND I THINK IT'S
IMPORTANT FOR US TO ALL KIND OF GET OUR MINDS AROUND THIS IS THAT THE
PROPOSED LAW, THE BILL DOES NOT CHANGE THE ELEMENTS THAT NEED TO BE
PROVEN. IT DOES NOT INCREASE THE PENALTIES THAT -- IT'S IMPORTANT TO NOTE
THOSE, BOTH OF THOSE THINGS. WHAT IT DOES IS IT'S ALMOST STRUCTURAL --
STRUCTURAL IN THE WAY THAT IT APPROACHES IT. SO IT -- IT REPEALS THOSE
SECTIONS OF THE PENAL LAW THAT YOU TALKED ABOUT AT THE BEGINNING
130.40, 130.45 AND 130.50 AND THEN WHAT IT DOES IS IT TAKES THOSE -- THE
SUBSTANCE OF THOSE THREE AND INSERTS THEM VERBATIM INTO THE
CORRESPONDING RAPE STATUTE AS SUBDIVISIONS THEREOF. SO IT'S TAKING THE
DEFINITIONS FROM ONE SECTION AND IT'S MAKING THEM SUBSECTIONS UNDER
THE RAPE PORTION OF THE -- OF THE PENAL LAW.
MS. CRUZ: YES, WHERE THEY BELONGED.
MS. WALSH: AND THAT'S CERTAINLY -- THAT'S CERTAINLY
YOUR PERSPECTIVE, YEP. I THINK -- I THINK THE THING IS THAT -- AND I THINK
WHAT NEEDS TO BE POINTED OUT IS THAT BY DOING THAT, BY MAKING THAT
STRUCTURAL CHANGE TO EFFECTUATE THE DESIRE TO VALIDATE THE EXPERIENCE OF
THE VICTIM SURVIVOR OF THIS SEXUAL ASSAULT TO -- TO HAVE IT TERMED "RAPE"
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NYS ASSEMBLY APRIL 27, 2021
AND I UNDERSTAND THAT BUT THERE COULD BE AND SOME PEOPLE - AND WE'LL
GO THROUGH THE GROUPS THAT FEEL THIS WAY - SOME PEOPLE FEEL THAT THERE
COULD BE AN UNINTENDED CONSEQUENCE OF POTENTIALLY IN SENTENCING HAVE
THE RISK OF -- OF A CONCURRENT SENTENCE FOR A CRIME VERSUS CONSECUTIVE
SENTENCES FOR THOSE CRIMES.
SO FOR EXAMPLE, THE DAS ASSOCIATION OF THE STATE OF
NEW YORK OPPOSES THIS BILL. AND WHAT THEY TALK ABOUT IS A POTENTIAL
PROBLEM WHERE IT SAYS -- OKAY. THE POTENTIAL PROBLEM IS THAT UNDER
EXISTING LAW AN ASSAILANT WHO RAPES A WOMAN AND ALSO ANALLY VIOLATES
HER CAN RECEIVE CONSECUTIVE SENTENCES, MEANING ONE STARTS AND ENDS
AND THEN THE NEXT ONE STARTS AND THEN ENDS SO IT WOULD BE A LONGER
SENTENCE THAN IF IT'S RUN CONCURRENTLY FOR THOSE OF US WHO DON'T DO A LOT
OF CRIMINAL LAW, IF THE JUDGE FINDS THAT THE FACTS OF THE CASE WARRANTED.
THE CONCERN RAISED BY THE DAS ASSOCIATION IS THAT IF, AS THIS BILL DOES,
IF THE ANAL AND ORAL SEX PARTS ARE FOLDED INTO THE RAPE LAWS, THIS TYPE OF
CRIME WITH MULTIPLE ACTS AGAINST A VICTIM; ANAL, ORAL, FORCED
INTERCOURSE, COULD BE VIEWED, COULD BE VIEWED BY AN APPELLATE COURT
AS A SINGLE CONTINUOUS ACT OF SEXUAL ASSAULT, BECAUSE ALL THREE ARE GOING
TO BE BROUGHT INTO AND MADE A PART OF THE RAPE STATUTE.
SO THAT -- THAT CONCERN IS RAISED BY, INTERESTINGLY, NOT
ONLY THE DAS ASSOCIATION - AND VERY OFTEN WE HAVE BILLS WHERE, YOU
KNOW, ONE SIDE YOU'RE GOING TO HAVE THE PROSECUTORS OPPOSING IT AND
DEFENDERS LIKING IT OR THE TRIAL LAWYERS LIKING SOMETHING AND THE
INSURANCE COMPANIES HATING IT. IN THIS CASE WE'VE GOT THE DISTRICT
ATTORNEYS ASSOCIATION OPPOSED TO THIS BILL AND THE NEW YORK STATE
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NYS ASSEMBLY APRIL 27, 2021
ASSOCIATION OF CRIMINAL DEFENSE LAWYERS AGAINST THIS BILL AND THE
DOWNSTATE COALITION FOR CRIME VICTIMS AGAINST THIS BILL AND PRETTY
MUCH IF YOU TAKE A LOOK AT WHAT THEY SAY, THEY'RE ALL CONCERNED ABOUT
THE SAME THING, SO HOW WOULD YOU RESPOND TO THAT CONCERN? I WANT TO
GIVE YOU THAT -- THAT OPPORTUNITY.
MS. CRUZ: LOOK, I THINK THERE'S SEVERAL THINGS TO
KNOW. FIRST, THIS ISN'T THE FIRST TIME WE'VE DEBATED THE BILL HERE IN THE
ASSEMBLY. IT'S PASSED EVERY YEAR WITH MORE OR LESS YOUR SIDE MAKING A
VERY SIMILAR ARGUMENT SINCE 2013. THOSE PARTICULAR MEMOS HAPPEN TO
BE PRETTY OLD MEMOS SO I DON'T THINK WE'VE RECEIVED ANYTHING THAT'S
MORE UP-TO-DATE WHETHER IT WAS LAST YEAR OR THIS YEAR THAT RAISES THE
SAME CONCERNS. BUT I THINK MORE IMPORTANTLY THERE HAVE BEEN SEVERAL
CASES WHERE I WOULD ARGUE IF A DA WANTS TO DO HIS OR HER JOB THEY'LL
NOT ONLY ACTUALLY PLEAD THE CASE THE WAY THAT IT NEEDS TO BE PLED SO THAT
YOU CAN HAVE CRIME SEPARATED IN A WAY THAT ALLOWS FOR MULTIPLE
CHARGES THAT ALLOWS FOR CONSECUTIVE SENTENCING. I MEAN, YOU KNOW, IT
DOESN'T SURPRISE ME THAT THE DA DOESN'T WANT TO DO HIS OR HER JOB AND IS
OPPOSING IT BECAUSE THIS WOULD REQUIRE THEM TO ACTUALLY SIT DOWN AND
DO WHAT WE PUT THEM IN OFFICE TO DO. I THINK THERE'S ACTUALLY SEVERAL
CASES. AND MORE IMPORTANTLY THE PENA CASE THAT I MENTIONED WITH THE
POLICE OFFICER, WHEN HE WAS FOUND EVENTUALLY GUILTY HE APPEALED IT
UNDER THE SAME GROUNDS AND THE COURT OF APPEALS DISAGREED WITH HIM
AND ALLOWED THIS CONSECUTIVE SENTENCING TO -- TO STAND. AND I CAN GIVE
YOU THE CITATION LATER BUT --
MS. WALSH: WHAT WAS THE YEAR OF THAT? I'M JUST
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CURIOUS.
MS. CRUZ: THAT WAS IN 2017 COURT OF APPEALS.
MS. WALSH: OKAY. THANK YOU.
MS. CRUZ: ON THE CONSECUTIVE SENTENCING ISSUE IT
WAS UPHELD BY BOTH THE APPELLATE DIVISION IN 2015 AND IN 2017 BY THE
COURT OF APPEALS. PENA'S CASE IS A PRACTICAL EXAMPLE THAT CLEARLY
ILLUSTRATES THAT GROUPING MORE THAN ONE ACT OF SEXUAL VIOLENCE - IN THIS
CASE THREE COUNTS OF CRIMINAL SEXUAL ACT - WHICH AGAIN SHOULD'VE BEEN
RAPE, UNDER ONE STATUTE DOES NOT ELIMINATE THE ABILITY OF THE COURTS TO
CHARGE AND LATER TO SENTENCE TO CONSECUTIVE TIME. THERE'S BEEN ALSO
SEVERAL CASES - SMITHERS, RODRIGUEZ, TELFORD, ALVAREZ, LAUREANO,
CHANDLER AND BOYCE - AND I CAN GIVE YOU THE CITATIONS IF YOU NEED
THEM - THAT HAVE BASICALLY FOUND THAT WHERE THERE IS ONE CONTINUOUS
ONGOING ATTACK, THE COURTS HAVE REPEATEDLY FOUND THAT THE FACTS
SUPPORTED CONSECUTIVE SENTENCING FOR MULTIPLE ACTS OF RAPE DURING THE
SAME ATTACK BECAUSE THE ELEMENTS OF THE OFFENSE AND THE ACTS ARE
DISTINCT. SO, AGAIN, ONCE WE PASS THIS, THE JOB OF THE DA IS TO DO THE
PLEADINGS IN A WAY THAT ALLOWS THE COURT AND THE JURY TO MAKE A
DETERMINATION THAT THERE WERE DISTINCT ACTS. AND LATER, WHEN THE
PERSON IS FOUND GUILTY, BE ABLE TO BE SENTENCED BASED ON THOSE DISTINCT
FACTS.
MS. WALSH: SO I APPRECIATE YOUR EXPLANATION. THE
-- THE CASE OF PEOPLE V ALONZO WHICH IS THE UNANIMOUS DECISION OF THE
STATE'S HIGHEST COURT, THE NEW YORK COURT OF APPEALS FROM 2011 IS
ONE OF THE CASES - AND I'M NOT FAMILIAR WITH THE CASES THAT YOU CITED, I
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NYS ASSEMBLY APRIL 27, 2021
DON'T REQUIRE THE CITATIONS ESPECIALLY NOT IN THE MIDDLE OF DEBATE BUT I
APPRECIATE YOUR OFFER. BUT THE ALONZO CASE, YES, IT IS FROM TEN YEARS
AGO BUT IT IS ALSO A MANDATORY AUTHORITY FOR -- WITHIN THE COURT SYSTEM
FROM THE STATE'S HIGHEST COURT A UNANIMOUS DECISION AND REALLY WHAT
THAT CASE POINTS OUT IS THAT "PROSECUTORS AND GRAND JURIES MUST" - THIS IS
A QUOTE - "MUST STEER BETWEEN THE EVILS KNOWN AS DUPLICITY AND
MULTIPLICITY. AN INDICTMENT IS DUPLICITOUS WHEN A SINGLE COUNT CHARGES
MORE THAN ONE OFFENSE. IT IS MULTIPLICITOUS WHEN A SINGLE OFFENSE IS
CHARGED IN MORE THAN ONE COUNT." AND IT SAID, "THERE IS NO INFALLIBLE
FORMULA FOR DECIDING HOW MANY CRIMES ARE COMMITTED IN A PARTICULAR
SEQUENCE OF EVENTS." IT DID SAY THAT IN -- OKAY -- IN AN UNINTERRUPTED
COURSE OF CONDUCT DIRECTED AT A SINGLE VICTIM HE COMMITS BUT A SINGLE
CRIME.
SO MY ONLY -- MY ONLY COMMENT ABOUT THAT IS THAT IT
SEEMS TO ME - AS SOMEBODY WHO DOES NOT PRACTICE CRIMINAL LAW - IT
SEEMS TO ME THOUGH THAT EVEN A DA REALLY DOING THEIR JOB TO GET JUSTICE
FOR THE VICTIM OF CRIME, WHICH IS THEIR JOB AND THEY WANT TO DO THEIR JOB
WELL, PLEADING THIS PROPERLY CAN BE TRICKY AND THAT'S WHAT THE COURT OF
APPEALS IS SAYING IN ALONZO. AND WHAT I WOULD ASK IS IF THAT'S A RISK
THAT HAS BEEN IDENTIFIED BY DAS, BY DEFENSE ATTORNEYS AND BY THE CRIME
VICTIMS ADVOCATES WHY TAKE THE RISK, WHY TAKE THE RISK WITH THIS BILL TO
BE PULLING THESE CRIMES OUT OF ONE SECTION OF THE LAW AND PUTTING THEM
INTO THE RAPE STATUTE, WHY TAKE THAT RISK EVEN GIVEN WHAT YOU'VE STATED
EARLIER WHICH IS THAT WE WANT TO, AND WE CERTAINLY DO WANT TO VALIDATE
THE EXPERIENCES AND REALLY THE HORROR THAT VICTIMS AND SURVIVORS OF
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SEXUAL ABUSE HAVE GONE THROUGH.
MS. CRUZ: WELL, I THINK THERE'S A COUPLE OF THINGS
WE SHOULD NOTE. FIRST, THE ALONZO CASE IS OLDER THAN THE PENA CASE AND
I WOULD ARGUE THAT THE PENA CASE IN THE FINDING OF THE COURT THEY'RE
ALLOWING OR ACTUALLY SAYING THAT WHERE THE FACTS MERIT IT YOU CAN
ACTUALLY PLEAD EVEN IF IT'S DURING ONE - HOW SHOULD WE DESCRIBE IT -
DURING ONE INSTANCE THERE'S SEVERAL CRIMES COMMITTED.
MS. WALSH: WAS THAT A COURT OF APPEALS DECISION?
MS. CRUZ: THE --
MS. WALSH: THE PENA CASE?
MS. CRUZ: YES.
MS. WALSH: OKAY.
MS. CRUZ: IT WENT ALL THE WAY UP. SO NOT ONLY IS IT
A MUCH NEWER DECISION BUT, YOU KNOW, I THINK IT'S ACTUALLY NEVER BEEN
CITED BEYOND THAT PARTICULAR HOLDING. I MEAN THE LAW IS CLEAR THAT AFTER
THAT INDICTMENT MAY BE CHARGED IN MULTIPLE ACTS OF A SINGLE COUNT
WHEN ACTS CONSTITUTES AN OFFENSE IN THE CHARGED CRIME. I WILL SAY IN THE
ALONZO CASE, IF YOU READ THE FACTS IT'S A VERY DIFFERENT SITUATION. THAT
WAS A GROPING CASE WHERE THE VICTIM WASN'T REALLY ABLE TO IDENTIFY
DIFFERENT INSTANCES WITHIN ONE ACT. WHILE THE PENA CASE AND MANY
OTHER RAPE SITUATIONS THAT HAVE NOT BEEN CHARGED AS RAPE, THE VICTIM IS
ABLE TO IDENTIFY INDIVIDUAL INSTANCES THAT COULD BE CHARGED AS
INDIVIDUAL CRIMES IF THE DA DOES, AGAIN, THE JOB THAT WE'RE TASKING
THEM TO DO. AND -- AND I THINK YOU'RE RIGHT. I THINK MANY DAS DO
WANT TO DO THE JOB OF PROTECTING THE VICTIMS AND OUR JOB IS TO DO THAT
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AND GIVE THEM THE TOOLS. I ARGUE THAT THIS PARTICULAR BILL AND THIS
CHANGE IN THE LAW GIVES THEM THE TOOLS TO DO JUST THAT.
MS. WALSH: THANK YOU VERY MUCH.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MS.
WALSH.
MS. WALSH: SO I -- I APPRECIATE, WE'VE BEEN GOING
ON FOR A BIT AND I KNOW IT'S A LITTLE BIT COMPLEX AND A LITTLE BIT
COMPLICATED. I JUST WANT TO MAKE A COUPLE OF QUICK POINTS. I KNOW
THAT MY TIME IS KIND OF RUNNING OUT IN RESPONSE TO A COMMENT THAT THE
SPONSOR MADE A MOMENT AGO ABOUT THE ALONZO CASE NOT BEING CITED. I
TOOK A LOOK AT IT LAST NIGHT, IT'S BEEN CITED OVER 80 TIMES. SO IT'S -- I
THINK IT WAS LIKE 89, BUT THAT -- THAT WAS MY RESEARCH LAST NIGHT.
THE MAIN POINTS THAT I WANT TO MAKE ARE THIS: WE, AS
A LEGISLATIVE BODY, COMING FROM ALL AROUND -- ALL AROUND THE STATE, ALL
DIFFERENT WALKS OF LIFE AND PROFESSIONAL EXPERIENCES, WHY DO WE WANT
TO SECOND GUESS THE EXPERTS WHO ARE THE DAS, THE DEFENSE ATTORNEYS
AND THE CRIME VICTIM ADVOCATES, THEY'RE THE EXPERTS. WHY DO WE WANT
TO SUBSTITUTE OUR JUDGMENT FOR THEIRS? I UNDERSTAND THAT THERE ARE
PERSONAL STORIES, THERE WAS A WONDERFUL ADVOCATE WHICH THE SPONSOR
SPOKE ABOUT AT THE BEGINNING. I THINK THAT THIS RISK OF HAVING A
SENTENCE PROBLEM INADVERTENTLY RESULT IN A DEFENDANT GETTING LESS TIME
THAT THEY OUGHT TO GET IS SOMETHING THAT REALLY SHOULD BE CONSIDERED.
AND I WOULD ALSO SAY AS WAS SUGGESTED BY ONE OF THE (BUZZER
SOUNDED). I CAN'T GO THERE. MY TIME HAS EXPIRED. THANK YOU.
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NYS ASSEMBLY APRIL 27, 2021
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. APOLOGIES TO MY
COLLEAGUE FOR NOT TURNING OFF THAT ALARM. WOULD THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. CRUZ, WILL YOU
YIELD?
MS. CRUZ: ANYTHING FOR YOU, MR. GOODELL.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU. SO YOU USED THE
EXAMPLE OF MICHAEL PENA, A HORRIFIC EXAMPLE OF ABUSE BY A POLICE
OFFICER. I MEAN IT IS SO WRONG ON SO MANY LEVELS AND YOU MENTIONED
HE WAS CONVICTED OF TWO CRIMES AND HE WAS SENTENCED TO CONCURRENT OR
SEQUENTIAL SENTENCES, RIGHT? WHAT WAS THE TOTAL LENGTH OF HIS
SENTENCE?
MS. CRUZ: SEVENTY-FIVE YEARS.
MR. GOODELL: SEVENTY-FIVE YEARS. AND HOW OLD
WAS HE AT THE TIME OF THE OFFENSE?
MS. CRUZ: I DON'T RECOLLECT. HE HAD TO BE IN HIS
MID-30S.
MR. GOODELL: SO HE'LL BE 105 BEFORE HE FINISHES
HIS SENTENCE. IF HE SERVES --
MS. CRUZ: ACTUALLY, HE WAS 28 I'M TOLD. SO 28 PLUS
75, WE'RE LAWYERS. DON'T MAKE US DO MATH.
MR. GOODELL: YEAH, SO, YOU KNOW, 98 OR SO. SO,
WAS THE CONCERN THAT THE 75-YEAR SENTENCE HE GOT WAS NOT LONG
ENOUGH?
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NYS ASSEMBLY APRIL 27, 2021
MS. CRUZ: I'M NOT -- I'M NOT SURE. ARE YOU ASKING
ME IF I THOUGHT IT WASN'T LONG ENOUGH?
MR. GOODELL: YES.
MS. CRUZ: I MEAN, I THINK IT'S UP TO THE COURTS TO
DECIDE AND THE COURTS FELT ALL THE WAY UP TO THE COURT OF APPEALS THAT IT
WAS SUFFICIENT TO -- TO THE CRIME THAT HE WAS FOUND TO HAVE COMMITTED.
MR. GOODELL: I SEE. NOW THE SENTENCE, THE
MAXIMUM SENTENCE FOR THE CRIMES THAT HE WAS SENTENCED FOR TOTALED 75
YEARS. WOULD HE HAVE GOTTEN A LONGER SENTENCE IF IT HAD BEEN A SINGLE
COUNT OF RAPE?
MS. CRUZ: NO.
MR. GOODELL: SO I AM NOT A CRIMINAL LAWYER
THANKFULLY BECAUSE I FIND IT SO FRUSTRATING TO -- TO DEFEND PEOPLE THAT DO
THINGS THAT THEY SHOULDN'T DO. BUT MY DA'S OFFICE, THE PEOPLE WHO
WORK FOR THEM ARE BY FAR MORE EXPERT THAN ALMOST ANY OTHER GROUP OF
LAWYERS IN MY COUNTY WHEN IT COMES TO CRIMINAL LAW AND THEIR CONCERN
IS THAT IF WE PASS THIS BILL AND WE APPLIED IT TO MR. PENA THAT THERE'S A
RISK THAT MR. PENA WOULD'VE GOTTEN ONE CHARGE OF RAPE. AND AS YOU
KNOW THE ONE CHARGE OF RAPE WOULD HAVE GIVEN HIM A LOWER SENTENCE.
IF THE DAS ARE CORRECT, ISN'T THAT AN INJUSTICE TO REDUCE THE MAXIMUM
SENTENCE?
MS. CRUZ: WELL, IN THIS PARTICULAR CASE THAT'S NOT
ACTUALLY WHAT HAPPENED WHEN THERE WAS A MISTRIAL IN THE RAPE CHARGES.
HE EVENTUALLY PLED TO THE RAPE CHARGES AND HE WAS SENTENCED FOR THOSE
RAPE CHARGES. AND I WOULD ARGUE THAT WHERE THE DA IS CONCERNED
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ABOUT THE VICTIM AND ACTUALLY FINDING JUSTICE FOR THE VICTIM AND THEY'RE
ABLE TO PLEAD THE CASE OUT BASED ON THE FACTS IN A WAY THAT ALLOWS THEM.
LET'S IMAGINE ANOTHER SCENARIO WHERE IT WASN'T A POLICE OFFICER BUT THAT
THERE WERE SEVERAL ACTS COMMITTED AGAINST THIS -- THIS VICTIM DURING
ONE PARTICULAR TIME FRAME. THE DA IN THAT INSTANCE IF THEY REALLY
WANTED TO FIND JUSTICE FOR THE VICTIM AND THEY'RE ABLE TO SEPARATE THEM
AND CHARGE SEVERAL COUNTS.
MR. GOODELL: RIGHT. SO UNDER CURRENT LAW IF
THERE WAS A SERIES OF ACTS, SINCE THE REQUIREMENT FOR EACH ACT IS
DIFFERENT, THE DAS ARE CLEAR ACROSS THE STATE THAT THEY COULD CHARGE
THREE -- THREE CRIMES. SO LET'S SAY IF THE VICTIM WAS ABUSED IN EVERY
CONCEIVABLE WAY, THERE'D BE AT LEAST THREE CHARGES INCLUDING RAPE,
RIGHT?
MS. CRUZ: YES.
MR. GOODELL: BUT IF THIS GOES THROUGH, THE DAS
ARE SAYING THAT THEY MIGHT NOT BE ABLE TO CHARGE THREE, THEY'D ONLY BE
ABLE TO CHARGE ONE, RAPE. WOULDN'T THAT BE AN INJUSTICE --
MS. CRUZ: I DISAGREE THAT --
(CROSS-TALK)
MR. GOODELL: -- IF THE DAS -- IF THE DAS ARE
CORRECT.
MS. CRUZ: THIS IS WHAT THEY'RE ARGUING THAT THEY'RE
GOING TO DO --
MR. GOODELL: UH-HUH.
MS. CRUZ: -- BUT THIS LAW ACTUALLY STILL ALLOWS THEM
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TO DO THEIR JOB BY CHARGING FOR MORE THAN ONE CRIME.
MR. GOODELL: NOW --
MS. CRUZ: I'M SORRY. IF THEY CHOOSE TO NOT DO THAT,
THAT'S ON THEM AND THAT WOULD BE AN INJUSTICE.
MR. GOODELL: NOW AM I CORRECT THAT THE DEFENSE
ATTORNEYS, WHO ARE EQUALLY AS EXPERT HOPEFULLY AS THE PROSECUTORS, ARE
ALSO CONCERNED THAT A PERSON WHO COMMITS SAY ONE OF THOSE THREE ACTS
WE'RE TALKING ABOUT WOULD BE CHARGED AS THOUGH HE COMMITTED ALL
THREE OR COULD BE, RIGHT, THAT'S THE DEFENSE ATTORNEYS' CONCERNS?
MS. CRUZ: I ACTUALLY HAVEN'T RECEIVED, SINCE MY
OWN INTRODUCTION OF THIS BILL, ANY CONCERNS FROM DEFENSE ATTORNEYS.
THE MEMOS THAT WERE MENTIONED EARLIER WERE FROM -- FROM PRIOR YEARS.
MR. GOODELL: I SEE. WELL, IN JUST A MINUTE I'LL
SHARE THE MEMO THAT WE GOT. BUT YOU CAN UNDERSTAND THEIR CONCERN
THAT IF THEY HAVE A DEFENDANT THAT WAS ENGAGED IN SEXUAL ASSAULT WHICH
IS NOT CURRENTLY RAPE, THEY WOULD NOW BE FACING A RAPE CHARGE, CORRECT?
MS. CRUZ: IF THEY WERE -- ARE YOU -- I'M NOT
UNDERSTANDING THE QUESTION. I'M SORRY.
MR. GOODELL: SO I'M LOOKING AT A MEMORANDUM
FROM THE NEW YORK STATE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS.
AND THEY'RE CONCERNED THAT RATHER THAN HAVING DIFFERENT CHARGES THAT
REFLECT A DIFFERENT LEVEL OF CRIMINALITY AND A DIFFERENT LEVEL OF
VICTIMIZATION BY LUMPING IT INTO ONE CHARGE YOU LOSE THAT
DIFFERENTIATION AND THAT CAN BE UNFAIR TO A DEFENDANT BECAUSE YOU NO
LONGER BY CHARGING DIFFERENTIATE BETWEEN SOMEONE THAT DID MULTIPLE
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NYS ASSEMBLY APRIL 27, 2021
ACTS THAN ONE. NOW I UNDERSTAND THAT WHEN IT COMES TO SENTENCING THE
JUDGE CAN TAKE THE NATURE AND SEVERITY INTO EFFECT. HOW WOULD YOU
ADDRESS THE DEFENSE ATTORNEYS' CONCERNS THAT THEY WOULD RATHER HAVE THE
DEFENDANT CHARGED FOR A LESSER OFFENSE IF THE DEFENDANT DID NOT HAVE
ANY OF THESE OTHER FACTORS THAT WOULD NOW BE CLASSIFIED AS RAPE?
MS. CRUZ: I THINK WHAT CONCERNS ME IS THAT IN
PRACTICE IT'S BEEN OUR LGBTQI COMMUNITY WHO HAS SUFFERED THE MOST
WHEN THE DAS CHOOSE TO CHARGE OR ACTUALLY ARE NOT ALLOWED UNDER THE
LAW TO CHARGE FOR THE CRIME OF RAPE EVEN THOUGH THERE WAS THIS KIND OF
SEXUAL ACTS THAT WE DESCRIBED HERE THAT SHOULD BE CHARGED AS RAPE. IF A
DEFENSE ATTORNEY IS A GOOD DEFENSE ATTORNEY THEY'LL BE ABLE TO STILL
PROVIDE THEM WITH THE KIND OF DEFENSE THAT WOULD ALLOW THEM TO GO
FREE IF THAT'S WHAT HAPPENS. BUT I THINK OUR MAIN CONCERN HERE IS IN
THAT PIECE. OUR MAIN CONCERN IS THAT WE HAVE THREE TYPES OF SEXUAL
ASSAULT. ONE IS VAGINAL PENETRATION FORCED. ONE IS ANAL PENETRATION
AND THE OTHER ONE IS ORAL. AND THE LATTER TWO, ANAL AND ORAL ARE NOT
BEING CHARGED AS RAPE, THAT THEY SHOULD BE.
MR. GOODELL: IS THE --
MS. CRUZ: IF YOU'LL ALLOW ME TO -- TO FINISH MY
THOUGHT. BUT WHEN YOU LOOK AND PRACTICE AT THE STATISTICS IT HAS
NOTHING TO DO WITH THE DEFENSE ATTORNEYS' ABILITY TO REPRESENT THEIR
CLIENT. IT HAS NOTHING TO DO WITH -- WITH ANYTHING OTHER THAN WHO THE
VICTIM AND THE PERPETRATOR ARE. AND WHAT THIS LAW IS TRYING TO DO IS
FIND A PLACE WHERE NO MATTER WHO YOU ARE AND NO MATTER WHO THE
PERPETRATOR IS RAPE IS CHARGED AS WHAT IT IS, RAPE.
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NYS ASSEMBLY APRIL 27, 2021
MR. GOODELL: WOULD YOUR OBJECTIVE BE MET IF
YOU SIMPLY --
MS. CRUZ: WHAT? I'M SORRY.
MR. GOODELL: WOULD THE OBJECTIVE OF THIS BILL BE
MET IF YOU SIMPLY RENAMED THE OTHER OFFENSES? SO YOU HAVE RAPE IN
THE FIRST DEGREE, RAPE IN THE SECOND DEGREE OR RAPE IN THE THIRD DEGREE.
WOULD THAT MEET THE OBJECTIVES OF THIS BILL?
MS. CRUZ: IF WHAT WOULD BE RENAMED? I'M NOT --
DID I MISS --
MR. GOODELL: SO YOU MENTIONED THE THREE ACTS,
RIGHT?
MS. CRUZ: UH-HUH.
MR. GOODELL: WOULD YOUR OBJECTIVE BE MET IF
YOU DEFINED ONE AS RAPE IN THE FIRST DEGREE, THE SECOND ONE RAPE IN THE
SECOND DEGREE AND THE THIRD IS RAPE IN THE THIRD DEGREE?
MS. CRUZ: ABSOLUTELY NOT, BECAUSE NOW YOU'RE STILL
CREATING THREE --
MR. GOODELL: WHAT IF YOU MET --
MS. CRUZ: -- ANOTHER TWO LEVELS THAT ARE NOT GIVEN
THE SAME IMPORTANCE AS ARE WE -- AS THE ARGUMENT THAT ANAL RAPE AND
ORAL RAPE ARE NOT THE SAME AS VAGINAL RAPE? I'M... ABSOLUTELY NOT.
MR. GOODELL: SO LET ME FOLLOW UP ON THAT.
WOULD YOUR OBJECTIVE BE MET IF THE PENALTY FOR ALL THREE ACTS WAS THE
SAME? THE SAME LEVEL FELONY.
MS. CRUZ: WHILE THE EMOTIONAL SIDE OF ME WANTS TO
25
NYS ASSEMBLY APRIL 27, 2021
SAY YES, THE LEGAL SIDE OF ME AS A LAWYER AND AS A LEGISLATOR I WOULD
ARGUE NO, BECAUSE WE'RE NOT GIVING SURVIVORS, VICTIMS THE SAME LEVEL OF
IMPORTANCE IF WE STILL CHARGE THEM AS FIRST, SECOND AND THIRD.
MR. GOODELL: SO IF WE NAMED IT RAPE A, RAPE B,
RAPE C AND HAD IT THE SAME FELONY LEVEL, WOULD THAT MEET YOUR
OBJECTIVES?
MS. CRUZ: NO.
MR. GOODELL: I SEE. ON THE BILL. THANK YOU SO
MUCH.
MS. CRUZ: THANK YOU.
MR. GOODELL: ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: WE'RE ALL AGREED WE WANT JUSTICE
FOR THE VICTIMS, THERE'S NO ISSUE ABOUT THAT AT ALL AND WE ALL AGREE THAT
AS HORRIFIC AS A SEXUAL ASSAULT IS SOME SEXUAL ASSAULTS ARE WORSE THAN
OTHERS. AND SO RIGHT NOW THE CURRENT LAW RECOGNIZES DIFFERENT TYPES OF
SEXUAL ASSAULT AND ASSIGNS THE FELONY LEVEL TO EACH ONE AND CLEARLY
UNEQUIVOCALLY WITHOUT QUESTION ALLOWS A PROSECUTOR TO CHARGE FOR A
SEPARATE, SEPARATE CRIMINAL ACT FOR EACH ONE OF THE THREE DIFFERENT
TYPES. SO A DEFENDANT WHO VIOLATES ALL THREE WITHOUT ANY QUESTION
WHATSOEVER WILL END UP WITH THREE CHARGES AND FACE THE POSSIBILITY OF
ONE SENTENCE AFTER ANOTHER AFTER ANOTHER AS HAPPENED WITH MR. PENA
WHO ENDED UP WITH 75 YEARS.
BOTH THE DAS WHO ARE EXPERT IN THEIR FIELDS AND THE
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NEW YORK STATE CRIMINAL DEFENSE ATTORNEYS WHO ARE EXPERT IN
DEFENSE HAVE ARGUED THAT THIS BILL CREATES A POSSIBILITY, THE REAL
POSSIBILITY THAT INSTEAD OF THREE SEPARATE CHARGES THEY'LL ONLY BE ABLE TO
HAVE ONE. INSTEAD OF CONSECUTIVE OR SEQUENTIAL SENTENCES YOU'LL ONLY
HAVE ONE. AND SO THE LEGAL EXPERTS IN OUR STATE, ON BOTH THE
PROSECUTION AND THE DEFENSE, ARE TELLING US THAT THIS BILL WILL RESULT IN
LOWER PUNISHMENT FOR THE WORST OFFENDERS. AND THAT FOR THE LEAST
OFFENDERS THEY'LL BE TREATED UNDER THE SAME CRIMINAL CHARGE AS THE
WORST OFFENDERS.
NOW AS I MENTIONED, I AM NOT A CRIMINAL DEFENSE
EXPERT NOR AM I A CRIMINAL DEFENSE PROSECUTOR. BUT I RECOGNIZE THAT
THERE ARE OTHERS WITH A LOT MORE EXPERTISE AND I APPRECIATE THE
COMMENTS OF MY COLLEAGUE WHICH IF I UNDERSTAND CORRECTLY ARE
UNEQUIVOCAL THAT SHE THINKS THAT THE DEFENSE ATTORNEYS' BAR
ASSOCIATION AND THE DISTRICT ATTORNEYS BAR ASSOCIATION ARE ALL WRONG
AND SHE MAY BE RIGHT, BUT DO WE WANT TO TAKE THAT CHANCE.
NOW THERE IS A WAY TO ADDRESS THE ISSUE THAT HAS BEEN
RAISED BY THIS BILL. IF WE DON'T THINK THE CHARGE IS HIGH ENOUGH FOR ANY
OF THE OTHER ACTS SHORT OF RAPE, A SIMPLE WAY TO AVOID THIS AMBIGUITY OR
THIS DANGER IS TO RAISE THE SENTENCING OR THE FELONY LEVEL OF THE OTHER
CHARGES. NOW IF WE WANT THEM ALL TO BE CLASS WHATEVER, B FELONIES, WE
CAN DO THAT. AND IF WE SEPARATELY AMEND THE BILLS TO CHANGE THE FELONY
DESIGNATION WE WILL GUARANTEE THAT WE CAN AVOID THE ISSUES IDENTIFIED
BY BOTH THE DAS AND THE DEFENSE ASSOCIATION, DEFENSE ATTORNEYS WHILE
ACCOMPLISHING OUR OBJECTIVES.
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NYS ASSEMBLY APRIL 27, 2021
SO WHILE I APPRECIATE AND SUPPORT MY COLLEAGUE'S
OBJECTIVE TO ENSURE THAT JUSTICE IS DONE AND WE ALL WANT THE APPROPRIATE
LEVEL OF SENTENCING, WE DO NOT WANT TO CREATE LEGAL AMBIGUITY THAT WILL
RESULT IN SOME DEFENDANTS GETTING A MUCH LOWER SENTENCE FOR THE MOST
HORRIFIC COMBINATION OF ACTS AGAINST A VICTIM. AND BECAUSE THERE'S A
CLEAR ALTERNATIVE THAT ACCOMPLISHES THE OBJECTIVE WITHOUT GOING AGAINST
THE RECOMMENDATION OF BOTH THE CRIMINAL DEFENSE ATTORNEYS AND THE
NEW YORK STATE PROSECUTORS I WOULD RECOMMEND THAT WE VOTE AGAINST
THIS BILL AND SEEK AN ALTERNATIVE THAT EVERYONE AGREES ACCOMPLISHES OUR
OBJECTIVES. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MR. ANGELINO.
MR. ANGELINO: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD FOR A COUPLE OF QUICK QUESTIONS?
ACTING SPEAKER AUBRY: MS. CRUZ, WILL YOU
YIELD?
MS. CRUZ: ABSOLUTELY.
ACTING SPEAKER AUBRY: MS. CRUZ YIELDS, SIR.
MR. ANGELINO: AT THE VERY START OF THIS IN YOUR
EXPLANATION YOU RATTLED OFF A WHOLE LONG SECTION, I THINK THEY ALL BEGAN
WITH 130 THE SEX OFFENSE SECTIONS. IF YOUR BILL BECOMES LAW, WILL THIS
ANY HOW NULLIFY OR PRECLUDE, I THINK IT'S SEXUAL MISCONDUCT, I THINK WE
CALL IT THE ROMEO AND JULIET DEFENSE, THAT'S WHEN THE ACTOR IS 17 AND
LESS THAN FIVE YEARS OLD?
MS. CRUZ: IT DOES NOT.
28
NYS ASSEMBLY APRIL 27, 2021
MR. ANGELINO: I'M SORRY?
MS. CRUZ: IT DOES NOT.
MR. ANGELINO: IT DOES NOT, OKAY.
MS. CRUZ: NO.
MR. ANGELINO: THANK YOU. BECAUSE WE ALL KNOW
WHY THAT WAS WRITTEN. AND MY LAST QUESTION REAL QUICK --
MS. CRUZ: YOU MEAN STATUTORY RAPE IS WHAT YOU'RE
ASKING.
MR. ANGELINO: YEAH.
MS. CRUZ: YEAH. NO, IT'S NOT.
MR. ANGELINO: YEAH, THE STATUTORY SECTIONS OF
AGE -- OKAY, BECAUSE THE -- THE EXPERIMENTAL ONE. ALSO, RAPE IS A
HORRENDOUS THING AND I'M SORRY TO HAVE TO BE HERE TALKING ABOUT IT BUT
IT'S SO BAD THAT IT'S ACTUALLY ENUMERATED IN ARTICLE 35, THE USE OF FORCE
SECTION. DOES THIS ANY HOW IMPACT THE DEADLY USE OF PHYSICAL FORCE
UPON AN ACTOR TO PREVENT AND TERMINATE?
MS. CRUZ: IF YOU GIVE ME 30 SECONDS, LET ME LOOK.
MR. ANGELINO: OKAY.
(PAUSE)
MS. CRUZ: CAN YOU REPEAT WHAT SECTION OF THE LAW
THAT YOU'RE ASKING?
MR. ANGELINO: ARTICLE 35, THE USE OF DEADLY FORCE
IS ALLOWED TO PREVENT AND TERMINATE A RAPE.
MS. CRUZ: NO. I DON'T THINK -- I DON'T THINK IT HAS
NOTHING TO DO WITH THAT PARTICULAR SECTION.
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NYS ASSEMBLY APRIL 27, 2021
MR. ANGELINO: OKAY, THANK YOU.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. ANGELINO: THANK YOU FOR ANSWERING THE
QUESTIONS. THE ARTICLE 35 SECTION USE OF DEADLY FORCE IS LIMITED TO
SOME VERY, VERY TERRIBLE CRIMES THAT USUALLY INVOLVE THE THINGS THAT OUR
SOCIETY THINKS ARE THE WORST. THE WAY THIS IS BEING DEFINED NOW
EVERYTHING IS GOING TO BE RAPE IF THERE'S ANY SEXUAL CONTACT WOULD
ALLOW SOMEBODY TO USE DEADLY PHYSICAL FORCE TO PREVENT, TERMINATE AND
ARREST AN ACT -- AN ACTOR ON THIS. AND, YOU KNOW, THAT'S -- THAT'S PRETTY
SEVERE LAW THAT WE'RE GOING TO BE ALLOWED TO EMPLOY FOR ANYBODY WHO
MIGHT HAVE A BODY PART TOUCHING AN INTIMATE BODY PART OF SOMEONE
ELSE. I JUST WANTED THAT TO BE -- TO BE STATED BECAUSE I THINK THERE'S
GOING TO BE AN IMPACT ON THAT, POSSIBLY. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. CRUZ.
MS. CRUZ: MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.
MS. CRUZ: I WOULD LIKE TO THANK LYDIA CUOMO FOR
HER COURAGE IN SEEKING JUSTICE. I ALSO WANT TO THANK OUR FORMER
COLLEAGUE, ARAVELLA SIMOTAS FOR HER COURAGE IN PUSHING FOR THIS CHANGE
IN THE LAW FOR ALMOST A DECADE, AS WELL AS OUR SPEAKER WHO EVERY YEAR
SINCE THEN OR EVEN LONGER HAS PRIORITIZED SURVIVORS AND PUSHED NOT JUST
FOR THIS BILL IN OUR HOUSE BUT FOR SO MANY OTHERS THAT HAVE GIVEN US
JUSTICE. HOPEFULLY THIS YEAR OUR SENATE COLLEAGUES CAN FINALLY JOIN US
30
NYS ASSEMBLY APRIL 27, 2021
AND WE WON'T HAVE TO HAVE THIS DEBATE, AS FUN AS IT WAS, NEXT YEAR.
THIS PROPOSED CHANGE IN THE LAW IS NEEDED BECAUSE
FIRST, RAPE IS NOT JUST A LEGAL TERM. SECOND, WE NEED TO ENSURE THAT OUR
STATE LAW IS CONSISTENT WITH NATIONAL STANDARDS. AND LAST, BUT MOST
IMPORTANTLY, WE MUST SHOW VICTIMS THE RESPECT THAT THEY DESERVE.
FIRST, LET ME TALK ABOUT HOW RAPE IS NOT JUST A LEGAL
TERM. RAPE IS ABOUT FORCEFUL ASSERTION OF POWER AND CONTROL. WHILE
THERE'S A COMMON COLLOQUIAL UNDERSTANDING OF WHAT RAPE ENTAILS, WE
MUST ADVANCE OUR LAW TO ENSURE THAT WE ARE RECOGNIZING THAT THIS
VIOLATION CAN HAPPEN TO ANYONE REGARDLESS OF GENDER AND THAT IT DOES
NOT IN FACT REQUIRE VAGINAL INTERCOURSE. THERE SHOULD BE ABSOLUTELY NO
DIFFERENCE BETWEEN THE WAY THAT THE LAW TREATS A MALE SURVIVOR AND A
FEMALE SURVIVOR. FORCED VAGINAL CONTACT VERSUS FORCED ANAL CONTACT
VERSUS FORCED ORAL CONTACT. THIS CHANGE WILL ACTUALLY MAKE THE JOB OF
PROSECUTORS MUCH EASIER CREATING EASY COMMUNICATED STANDARDS THAT
JURIES CAN UNDERSTAND BECAUSE REGARDLESS OF GENDER OR DESIGNATION AT
BIRTH A FORCED SEXUAL ACT IS RAPE.
AND I WANT TO ADDRESS THE COMMENT THAT WAS MADE BY
ONE OF OUR PRIOR COLLEAGUES. WHILE I UNDERSTAND THAT BOTH SIDES OF THE
BAR SEEMINGLY, BECAUSE I HAVEN'T READ BOTH MEMOS, HAVE CONCERNS
ABOUT THE BILL, SOMETIMES THE LAW DOESN'T CATCH UP TO OUR HUMANITY.
FOR YEARS WE'VE BEEN CHARGING RAPE WHEN IT DOESN'T INVOLVE A WOMAN
AND A MAN VERY DIFFERENTLY AND THAT NEEDS TO STOP. BECAUSE WE NEED TO
RECOGNIZE THAT A VICTIM IS A VICTIM. AND EMPOWER THEM TO SURVIVE.
AND FRANKLY JUST BECAUSE SOMETHING HAS BEEN DONE THE SAME WAY FOR
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NYS ASSEMBLY APRIL 27, 2021
DECADES DOESN'T MEAN THAT IT'S BEEN DONE CORRECTLY.
SECOND, WE MUST BRING OUR STATE LAW TO CONFORM WITH
NATIONAL STANDARDS. AS I MENTIONED EARLIER, IN 2012 THE FBI EXPANDED
THE DEFINITION OF RAPE TO INCLUDE MULTIPLE KINDS OF PENETRATION
INCLUDING FORCED ORAL, ANAL SEX MORE SPECIFICALLY PENETRATION NO MATTER
HOW SLIGHT OF THE VAGINA OR ANUS WITH ANY BODY PART OR OBJECT OR ORAL
PENETRATION BY A SEX ORGAN OF ANOTHER PERSON WITHOUT THE CONSENT OF A
VICTIM. AND THE REASON WHY I CONTINUE TO REPEAT THESE WORDS IS
BECAUSE PART OF THE REASON WHY WE HAVEN'T PASSED THE LAW IS OUR LACK
OF CONVERSATION ABOUT WHAT IT ENTAILS. I ALSO NOTE THAT EIGHT STATES
ALREADY RECOGNIZE ORAL, ANAL AND VAGINAL CONTACT AS RAPE.
LASTLY, IT WOULD PROVIDE VICTIMS WITH THE RESPECT THAT
THEY DESERVE. AND IN THE PENA CASE THE EVIDENCE WAS OVERWHELMING.
THERE WAS EVIDENCE OF PENA'S SEMEN IN THE VICTIM'S UNDERWEAR,
REDNESS AROUND HER GENITALS. THERE WAS EYEWITNESS TESTIMONY OF THE
VICTIM COVERING HER OWN FACE BECAUSE SHE WAS SO PETRIFIED IN HER OWN
ACCOUNT OF THE PAIN OF THE ATTACK. YET THE JURY WASN'T ABLE TO CONVICT
ON THE RAPE DESPITE A HORRIFIC AND BRUTAL NATURE OF THIS ATTACK SOLELY
BECAUSE THERE WAS NO VAGINAL PENETRATION. WE'RE DEFINING A RIGHT TO
INCLUDE VAGINAL, ORAL AND SEXUAL CONDUCT THE LATTER -- THE LATTER OF
WHICH -- THE LATTER OF WHICH ARE CURRENTLY PROSECUTED AS CRIMINAL SEXUAL
ACTS WOULD ENSURE THAT THESE OTHER FORMS OF SEXUAL ASSAULT ARE
RECOGNIZED BY THE LAW AS WHAT THEY ARE, RAPE. LIKE LYDIA, THERE ARE
THOUSANDS OF NEW YORKERS WHO'VE BEEN DENIED JUSTICE BECAUSE OUR
LAW DOES NOT RECOGNIZE THAT THE VIOLATION THEY'VE BEEN SUBJECTED TO IS
32
NYS ASSEMBLY APRIL 27, 2021
RAPE.
IN 2015 A YOUNG WOMAN BY THE NAME OF ABBY, SHE
WAS 25, WAS FORCED TO PERFORM ORAL SEX BY A STRANGER WITH A KNIFE NEAR
HER MANHATTAN HOME. SHE DESCRIBED THE RAPE IN THE FOLLOWING WAY:
"HE WAS PUSHING MY HEAD DOWN. I FELT COMPLETELY POWERLESS. AND I
FELT LIKE MY LIFE WAS IN DANGER AND IF I DIDN'T CONTINUE TO DO WHAT HE
WANTED ME TO DO, SOMETHING REALLY TERRIBLE MIGHT HAPPEN." ABBY ALSO
SAID THAT DURING HER ATTACK SHE FELT LIKE SHE WASN'T HUMAN AND
DESCRIBED THE FRUSTRATION OF NOT HAVING HER ATTACK CLASSIFIED AS A RAPE.
"TO NOT CLASSIFY MY CASE," AND NOW I'M READING HER WORDS, "AS RAPE IS
NEGATING MY WHOLE EXPERIENCE AND THE EXPERIENCE OF SO MANY
SURVIVORS, WOMEN AND MEN WHO ARE FORCED TO PERFORM SEXUAL ACTS."
NOW SURPRISINGLY AS I RESEARCHED PUBLIC CASES OF RAPE
PERPETRATED AGAINST MEMBERS OF OUR LGBTQI COMMUNITY, THEY WERE
OFTEN TREATED AS SIMPLY ACCUSATIONS AND THEN WHEN THEY WERE ACTUALLY
CHARGED, IT WASN'T CHARGED AS RAPE BUT RATHER AS A CRIMINAL SEXUAL ACT.
FORCED SEXUAL CONTACT AGAINST HER WILL WHETHER IT INVOLVES VAGINA, ANUS
OR MOUTH IS AN ABSOLUTE VIOLATION OF YOUR BODY INTEGRITY AND CALLING IT
ANYTHING OTHER THAN RAPE NEGATES THE PAIN ENDURED BY SURVIVORS. IT
NEGATES THEIR EXPERIENCE AND WE AS LEGISLATORS HAVE A RESPONSIBILITY TO
CHANGE OUR HISTORY.
SO I URGE MY COLLEAGUES THAT IN APRIL, WHICH IS FITTING
DURING SEXUAL ASSAULT AWARENESS MONTH, YOU JOIN ME ON VOTING IN
FAVOR OF THIS IMPORTANT BILL WHICH WILL ENSURE THAT VICTIMS OF RAPE NOT
ONLY CAN FIND JUSTICE BUT CAN FINALLY BECOME SURVIVORS. THANK YOU,
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NYS ASSEMBLY APRIL 27, 2021
MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU. READ THE
LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST,
2022.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6319. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
TO EXPLAIN THEIR VOTE, MS. GLICK.
MS. GLICK: THANK YOU, MR. SPEAKER. TO EXPLAIN
MY VOTE. I'M NOT SURPRISED THAT THE DEFENSE ATTORNEYS HAVE PUT OUT A
MEMO IN OPPOSITION. I'M JUST SURPRISED THAT THE OTHER SIDE OF THE AISLE
HAS RAISED THAT AS A VALID REASON NOT TO PROCEED WITH THIS BILL. DAS
HAVE BEEN LOATHE TO CHARGE RAPE EVEN WHEN IT IS APPARENT THAT IT IS A
VAGINAL ASSAULT, BUT DESPITE THE ARGUMENT MADE BY THE OTHER SIDE THAT IF
ALL THREE ACTS ARE DONE THAT WE MIGHT NOT BE ABLE TO CHARGE SOMEONE
COMPLETELY. BUT WHAT IF ONE OF THE OFFENSES WHICH IS ABSOLUTELY AN
ASSAULT ON SOMEONE'S PERSONAL AUTONOMY, YOU CANNOT CALL IT RAPE. IF
YOU'RE PENETRATED ANALLY THAT IS AS TRAUMATIC AS IF YOU'RE PENETRATED
AGAINST YOUR WILL VAGINALLY. RAPE IS RAPE.
I WANT TO APPLAUD THE SPONSOR, THANK THE SPEAKER AND
I HOPE THAT WE WILL ALL FINALLY ADDRESS THE FACT THAT THESE ACTS ARE
ASSAULTS THAT SHOULD BE CALLED WHAT THEY ARE, RAPE. I WITHDRAW MY
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NYS ASSEMBLY APRIL 27, 2021
REQUEST AND VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. GLICK IN THE
AFFIRMATIVE.
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. TO EXPLAIN MY
VOTE. THE LAST THING I WANT TO DO IS VOTE FOR A BILL THAT HAS A POSSIBILITY
OF REDUCING THE SENTENCING FOR THE MOST SERIOUS RAPIST. AND THAT IS
EXACTLY WHAT BOTH THE DISTRICT ATTORNEYS ASSOCIATION AND THE NEW
YORK STATE DEFENSE ATTORNEYS ASSOCIATION WARN US THAT THIS BILL MAY
DO. I APPRECIATE ALL THE COMPASSIONATE ARGUMENTS AGAINST RAPE AND
HOW HORRIFIC IT IS, I HAVE THREE DAUGHTERS AND A WIFE AND I UNDERSTAND,
BUT THIS IS WHAT THE DEFENSE ATTORNEYS SAY. IF THE ELEMENTS OF DIFFERENT
PENAL LAW SECTIONS ARE CONSIDERED BY THE COURTS TO ESSENTIALLY INCLUDE
THE SAME ACTS BY CONVICTED DEFENDANT, THE JUDGES WILL NOT BE PERMITTED
TO SENTENCE A DEFENDANT TO CONSECUTIVE TIME. IF THE DEFENSE ATTORNEYS
ARE RIGHT, PENA WOULDN'T GET 75 YEARS BECAUSE HE'D ONLY HAVE ONE
CHARGE. AND THE DISTRICT ATTORNEYS IN WRITING SAID FIRST, SUCH A MERGER
WOULD NOT INCREASE THE PENALTIES FOR RAPISTS OR OFFER ANY ENHANCED
PROTECTION FOR CRIME VICTIMS. PENALTIES AND BURDENS OF PROOF WOULD
REMAIN THE SAME ONLY NOMENCLATURE WOULD CHANGE.
BUT SECOND, IT WOULD BE DISASTROUS IF AN AMENDED LAW
WHICH WAS INTENDED TO GIVE ADDITIONAL PROTECTIONS AND COMFORTS TO THE
VICTIMS OF SEXUAL ASSAULT WERE INTERPRETED IN A WAY THAT WOULD REDUCE
A SENTENCE. I'M NOT WILLING TO TAKE THAT CHANCE WHEN WE HAVE OTHER
ALTERNATIVES THAT WOULD ACCOMPLISH THE SAME OBJECTIVE WITHOUT GIVEN
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NYS ASSEMBLY APRIL 27, 2021
THE POSSIBILITY OF A SERIOUS --
(BUZZER SOUNDED)
ACTING SPEAKER AUBRY: HOW DO YOU VOTE,
MR. GOODELL?
MR. GOODELL: THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
MS. HYNDMAN.
MS. HYNDMAN: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO EXPLAIN MY VOTE. I WOULD LIKE TO THANK THE SPONSOR FOR
YOUR SKILLFUL PRESENTATION AND SPEAKING FOR VICTIMS WHO NEED THIS
CLASSIFICATION TO FEEL LIKE THEIR ASSAULT WAS NOT IN VAIN. AND I THINK THE
PREDECESSOR THAT OUR COLLEAGUE THAT FORMALLY CARRIED THIS BILL WILL BE
PROUD THAT YOU ARE NOW THE SPONSOR AND HAVE DONE SUCH AN EXCELLENT
JOB IN PRESENTING WHAT THE VICTIMS OF THIS BILL WOULD -- WHAT THE
VICTIMS OF THIS BILL NEEDED TO SAY. I WITHDRAW MY REQUEST AND WILL BE
VOTING IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MS. HYNDMAN IN THE
AFFIRMATIVE.
MS. WALSH TO EXPLAIN HER VOTE.
MS. WALSH: THANKS. ONLY BECAUSE I RAN OUT OF
TIME BEFORE I JUST WANTED TO JUST KIND OF TIE UP WHERE -- WHERE I AM ON
THIS. SO I DON'T HAVE ANY PROBLEM WITH THE ELIMINATION OF THE
PENETRATION REQUIREMENT. I THINK THAT IT'S -- IT'S A VERY -- THAT MAKES
SENSE TO ME, I'M OKAY WITH THAT. WHERE I'VE GOT THE PROBLEM IS THIS
36
NYS ASSEMBLY APRIL 27, 2021
ISSUE THAT WAS RAISED BY NOT JUST THE DAS PEOPLE BUT THE DEFENSE
ATTORNEYS AND -- AND CRIME VICTIM ADVOCATES. ALL THREE GROUPS HAD THE
SAME PROBLEM THAT IT'S THE IDEA THAT BY MERGING THESE CRIMES INTO THE
RAPE STATUTE YOU COULD CREATE A PROBLEM WITH SENTENCING. AND I TAKE
ISSUE WITH SOME OF THE EARLIER COMMENTS ABOUT WHETHER THE DAS ARE
GOING TO BE DOING THEIR JOB OR NOT, THEY'RE DOING THEIR JOB, THEY WANT TO
SEEK JUSTICE, THAT'S WHAT THEY'RE -- THAT'S WHAT THEY'RE DOING, THAT'S WHY
THEY'RE WORKING SO HARD BUT THIS IS POTENTIALLY HARMFUL TO VICTIMS.
AND I THINK WHAT YOU NEED TO UNDERSTAND WHAT A YES
VOTE MEANS HERE. IN THE PAST I HAVE SUPPORTED THIS BILL KIND OF
GRUDGINGLY BECAUSE I SEE THE PROBLEMS WITH THE BILL BUT I JUST DIDN'T
KNOW HOW A -- HOW A NO VOTE WOULD LOOK, BUT I'M VOTING NO ON THIS
BECAUSE HERE'S WHY. I THINK THAT THERE'S ANOTHER WAY. IF WE DON'T MOVE
THESE CRIMES AND PUT THEM INTO THE RAPE STATUTE AND WE GO BACK AND WE
RENAME THEM, THIS IS WHAT THE DAS ASSOCIATION PROPOSED. GO BACK AND
RENAME THEM ORAL RAPE, ANAL RAPE AND THEN THAT WAY THAT WOULD ADDRESS
THE NEED FOR VICTIM SURVIVORS WHO WERE BRUTALIZED AND WRONGED BY
THESE AWFUL CRIMINAL ACTS TO BE VALIDATED IN THEIR EXPERIENCE WHILE AT
THE SAME TIME MAKING SURE THAT THIS ISSUE WITH CONCURRENT VERSUS
CONSECUTIVE SENTENCING IS NOT A PROBLEM AND IT MAKES SURE THAT THE
WORST VIOLATORS ARE -- GET THE SENTENCE THAT THEY DESERVE.
SO FOR THOSE REASONS I THINK WE HAVE ANOTHER WAY TO
HANDLE THIS. I CAN'T SUPPORT THE BILL AS IT'S CURRENTLY WRITTEN BUT PLEASE
KNOW THAT I, YOU KNOW -- THIS IS A DIFFICULT VOTE BECAUSE IT'S ONE OF
THOSE THINGS WHERE --
37
NYS ASSEMBLY APRIL 27, 2021
(BUZZER SOUNDED)
-- RAPE IS RAPE SOUNDS REALLY BAD BUT I CAN'T SUPPORT
THE BILL AS IT'S CURRENTLY WRITTEN. I'LL BE IN THE NEGATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MS. WALSH IN THE
NEGATIVE.
MS. GRIFFIN.
MS. GRIFFIN: THANK YOU FOR ALLOWING ME TO
EXPLAIN MY VOTE. I WANT TO THANK THE SPONSOR FOR DOING SUCH AN
EXCELLENT JOB IN CONVEYING WHY THIS WAS SO IMPORTANT, WHY THIS CHANGE
IN THE LAW IS SO IMPORTANT. AND I ALSO WANT TO SAY THAT I WAS PROUD TO
BE A CO-SPONSOR AND VOTE FOR THIS BECAUSE IT GIVES VICTIMS THE CHANCE
TO FEEL VALIDATED, TO FEEL PROTECTED AND FEEL THAT JUSTICE IS SERVED AND
THOSE ARE ALL THINGS NEEDED FOR THEM TO FEEL THAT THEY CAN GO ON WITH
THEIR LIVES AND SURVIVE. I ALSO WANT TO CONGRATULATE OUR FORMER
ASSEMBLYWOMAN WHO DID CARRY THIS LEGISLATION AND I'M PROUD TO VOTE
IN THE AFFIRMATIVE AND I THANK THE SPEAKER FOR BRINGING IT TO THE FLOOR.
THANK YOU.
ACTING SPEAKER AUBRY: MS. GRIFFIN IN THE
AFFIRMATIVE.
MS. CRUZ TO EXPLAIN HER VOTE.
MS. CRUZ: THANK YOU, MR. SPEAKER. I THINK ONE OF
THE THINGS THAT OFTEN HAPPENS WHEN COURTS ARE TRYING TO FIGURE OUT HOW
TO DECIDE ON A CASE IS THEY WILL LOOK AT THE LEGISLATIVE INTENT. AND I
WANT TO MAKE SURE THAT OUR LEGISLATIVE INTENT IS CLEAR AND ON THE RECORD.
THIS BILL IS MEANT TO ENSURE THAT A VICTIM, REGARDLESS OF THEIR GENDER,
38
NYS ASSEMBLY APRIL 27, 2021
REGARDLESS OF -- OF HOW MANY ACTS THERE WERE DURING THE INCIDENT,
DURING THE RAPE LET'S CALL IT, THAT DURING THE RAPE, THEY'RE ABLE TO GET THE
JUSTICE THAT THEY DESERVE. WE WANT TO MAKE SURE THAT WE ARE NOT
TREATING VAGINAL, ANAL OR ORAL RAPE DIFFERENTLY. THAT WE'RE NOT CHARGING
THEM DIFFERENTLY. THAT WE ARE NOT SENTENCING THEM DIFFERENTLY. THAT
WE'RE NOT CREATING THREE DIFFERENT CATEGORIES OF PEOPLE WHO'VE BEEN
ABUSED. IF YOU'VE BEEN RAPED YOU DESERVE TO BE ABLE TO GO TO COURT.
YOU DESERVE TO BE ABLE TO FACE THE PERSON THAT HURT YOU AND YOU
DESERVE TO GET JUSTICE AND THAT IS WHAT THIS BILL DOES. AND WE'RE HOPING
THAT SOON OUR COLLEAGUES IN THE SENATE WILL VOTE IN FAVOR OF IT LIKE WE'RE
DOING TODAY. THANK YOU, MR. SPEAKER, AND I'LL BE VOTING IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: THANK YOU. MS.
CRUZ IN THE AFFIRMATIVE.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. THIS IS NOT THE FIRST
TIME I HEARD THIS DEBATE. I WILL SAY IT IS THE FIRST TIME IN THIS YEAR THAT I
HEARD IT DELIVERED IN SUCH A SKILLFUL MANNER AND, QUITE FRANKLY, DEBATED
AMONGST JUST ATTORNEYS. I WILL ALSO SAY, MR. SPEAKER, THAT, YOU KNOW,
THAT RAPE IS A VERY DIFFICULT THING FOR VICTIMS TO DEAL WITH AND SO HOW
YOU DESCRIBE ABOUT IT WITH RAPE IT DOESN'T CHANGE THE HURT THAT THEY
EXPERIENCE. AND SO I THINK WHAT WE'RE TRYING TO GET AT HERE IS THAT IT
DOESN'T MATTER HOW IT HAPPENS, IT'S STILL PAINFUL AND IT'S VERY DIFFICULT FOR
THAT VICTIM WHETHER THAT BE A MALE OR A FEMALE TO DEAL WITH AND MOVE
39
NYS ASSEMBLY APRIL 27, 2021
ON WITH.
AND I WILL SAY THIS, IN ALL DUE RESPECT TO THE DEFENDERS
ASSOCIATION WHO QUITE HONESTLY I RELY ON THEIR VALID OPINION ON A
REGULAR BASIS -- DAS ARE CERTAINLY RELIABLE. MY OWN PERSONAL DA IN
ERIE COUNTY ON A REGULAR BASIS. THIS IS THE PROBLEM. IF A PERSON CAN
BE RAPED IN A WAY THAT'S NOT VAGINAL AND THEY'RE NOT NECESSARILY PAYING
THE APPROPRIATE PENALTIES FOR IT. AND SO AS OPPOSED TO JUST SAYING NO TO
LEGISLATION THAT HAS BEEN PRESENTED HERE THEY'VE HAD SINCE 2015 WHEN
THE BILL WAS FIRST INTRODUCED TO MAKE RECOMMENDATIONS ON HOW WE CAN
MAKE LIFE BETTER THROUGH THE COURT PROCESS ON THIS ISSUE. AND SO WITH
ALL DUE RESPECT TO THEIR OPINION, I'M GOING TO HONOR THE OPINION OF OUR
COLLEAGUE HERE WHO HAS PUT FORTH LEGISLATION THAT I THINK SOLVES THE
PROBLEM AND I LOOK FORWARD TO VOTING IN THE AFFIRMATIVE. WITH THAT I
REMOVE MY REQUEST.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES
IN THE AFFIRMATIVE.
MR. BARRON TO EXPLAIN HIS VOTE.
MR. BARRON: THANK YOU VERY MUCH, MR. SPEAKER.
I HAVE TO TELL YOU. I HAVEN'T SEEN A MORE BRILLIANT, WELL-RESEARCHED,
INTELLIGENT, LEGALLY-BASED ARGUMENT FOR THIS BILL AS THE SPONSOR HAS
DONE. I'M SURE ALL OF THE VICTIMS WOULD BE VERY, VERY PROUD OF YOU
TODAY AND HONORED AND HOW THEY REDUCED THIS TO AN ARGUMENT BETWEEN
CONCURRENT SENTENCING AND CONSECUTIVE SENTENCING. LAW IS VERY
INTERESTING. THERE'S A LOT OF INTERPRETATION AND THERE'S MANY WAYS
SKILLFUL LAWYERS CAN GO FORTH AND HAVE THREE COUNTS OF RAPE. THEY CAN
40
NYS ASSEMBLY APRIL 27, 2021
GO FORTH AND MAKE SURE THAT IF IT'S ONLY ONE ASPECT OF IT THAT ISN'T
VAGINAL PENETRATION THAT THAT CAN BE CONSIDERED RAPE AND HAVE A LARGER
SENTENCE. I BELIEVE ONCE LAWYERS GET THIS BILL AND ONCE THIS LAW IS
ENACTED THEY WILL FIND WAYS TO MAKE SURE THAT THERE ARE CONSECUTIVE
SENTENCES AND I THINK YOU PRESENTED IT WELL. CERTAINLY IF YOU WERE IN
THE COURTS AND YOU HAD TO DEFEND SOMEBODY I THINK YOU WOULD
DEFINITELY BE ABLE TO GET CONSECUTIVE SENTENCING ON THESE KINDS OF
ABUSES. BUT LET'S GET BEYOND THE LEGAL STUFF AND ALL OF THAT. THIS IS THE
MOST INHUMANE, THE MOST DEVASTATING ACT THAT CAN BE COMMITTED ON AN
INDIVIDUAL. AND TO HAVE YOU TODAY COME AND PRESENT THESE VICTIMS
LIKE THIS IS HIGHLY COMMENDABLE. I PROUDLY VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. BARRON IN THE
AFFIRMATIVE.
MS. GIGLIO.
MS. GIGLIO: YES, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: YOU'RE EXPLAINING
YOUR VOTE, MA'AM.
MS. GIGLIO: I'M EXPLAINING MY VOTE, SORRY. SO IN
LISTENING TO THE DEBATE TODAY AND KNOWING PEOPLE WHO HAVE BEEN
RAPED OR WHO HAVE BEEN VIOLATED AND LISTENING TO THE DEBATE I JUST --
AND GETTING OPPOSITION LETTERS FROM THE DISTRICT ATTORNEYS ASSOCIATION
AND ALSO THE NEW YORK STATE ASSOCIATION OF CRIMINAL DEFENSE
LAWYERS WHICH IS HOW OFTEN DOES THAT HAPPEN WHERE YOU GET DEFENSE
LAWYERS AND DISTRICT ATTORNEYS AGREEING THAT THIS IS A BAD BILL. AND THE
41
NYS ASSEMBLY APRIL 27, 2021
PEOPLE THAT ARE COMMITTING THE CRIMES ARE NOT GOING TO SERVE THE TIME
THAT THEY SHOULD. AND FOR THOSE REASONS -- I MEAN I THINK THAT THERE
COULD BE WORK AND THERE COULD BE AN AMENDMENT TO THIS BILL WITH
REGARDS TO CONSECUTIVE. I APPRECIATE THE SPONSOR'S INTENT BUT YOU HAVE
TO HAVE CONSECUTIVE SENTENCES FOR EVERY SINGLE CRIME THAT WAS
COMMITTED. AND THIS IS JUST LUMPING IT ALL INTO ONE (INAUDIBLE) AND IN
MY OPINION THAT IS NOT JUSTICE. SO FOR THOSE REASONS I WILL BE VOTING IN
THE NEGATIVE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MISS GIGLIO IN THE
NEGATIVE.
MR. OTIS TO EXPLAIN HIS VOTE.
MR. OTIS: THANK YOU, MR. SPEAKER. THE PREMISE OF
THE LEGISLATURE AND THE PREMISE OF THE CRIMINAL LAW IS THAT WE DECIDE
WHAT THE ELEMENTS OF A CRIME ARE. CRIMINALS DO NOT DECIDE WHAT THE
ELEMENTS OF A CRIME ARE AND IN THIS CASE WE ARE MAKING AN IMPORTANT
STATEMENT ABOUT HOW WE VIEW THIS HEINOUS ACT AND HOW THE LAW SHOULD
TREAT IT WHEN PROSECUTED. I VOTE AYE.
ACTING SPEAKER AUBRY: MR. OTIS IN THE
AFFIRMATIVE.
MR. GOODELL FOR EXCEPTIONS.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING REPUBLICAN MEMBERS OPPOSED TO THIS LEGISLATION: MR.
ANGELINO, MR. BRABENEC, MS. BYRNES, MR. DIPIETRO, MR. FITZPATRICK,
MS. GIGLIO, MYSELF, MR. MANKTELOW, MR. SMITH, MR. TAGUE AND MS.
WALSH. THANK YOU, SIR.
42
NYS ASSEMBLY APRIL 27, 2021
ACTING SPEAKER AUBRY: THANK YOU. SO
NOTED.
MR. GOODELL: I APOLOGIZE.
ACTING SPEAKER AUBRY: NO PROBLEM.
MR. GOODELL: IT SHOULD BE MR. SMITH. THANK
YOU.
ACTING SPEAKER AUBRY: THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 19, CALENDAR NO. 225, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A04588, CALENDAR NO.
225, PAULIN. AN ACT TO AMEND THE TAX LAW, IN RELATION TO EXTENDING
THE PERIOD DURING WHICH THE CITY OF WHITE PLAINS IS AUTHORIZED TO
IMPOSE AN ADDITIONAL SALES AND COMPENSATING USE TAX.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
PAULIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 3501. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
43
NYS ASSEMBLY APRIL 27, 2021
MR. GOODELL: THANK YOU, SIR. I WOULD POINT OUT
TO MY COLLEAGUES THAT THIS IS NOT A NEW SALES TAX BUT AN EXTENSION OF AN
EXISTING TAX AND FOR THAT REASON I WILL BE SUPPORTING IT. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
AFFIRMATIVE.
DO WE HAVE EXCEPTIONS, MR. GOODELL?
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
COLLEAGUE MR. SCHMITT IN THE NEGATIVE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD PLEASE --
ACTING SPEAKER AUBRY: ONE MINUTE, MRS.
PEOPLES-STOKES. WE DO HAVE SOME DECORUM IN THE HOUSE EVEN AFTER
EVERYBODY IS NOT HERE SO THAT BEING SAID...
MRS. PEOPLES-STOKES: IF WE COULD RECORD OUR
COLLEAGUES MR. RAMOS, MS. MCMAHON, MR. BARNWELL, MR. STIRPE, MS.
GRIFFIN, MR. CAHILL, MR. SANTABARBARA, MS. LUNSFORD AND MR. BURKE IN
THE NEGATIVE, PLEASE.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 18, CALENDAR NO. 208, THE CLERK WILL READ.
THE CLERK: SENATE NO. S01644, CALENDAR NO.
44
NYS ASSEMBLY APRIL 27, 2021
208, COONEY (LUNSFORD -- A06220). AN ACT TO AMEND THE ELECTION
LAW, IN RELATION TO ABSENTEE VOTING BY RESIDENTS OF NURSING HOMES AND
OTHER LONG-TERM CARE FACILITIES; AND PROVIDING FOR THE REPEAL OF SUCH
PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: UNDER CURRENT LAW WHEN YOU HAVE
MORE THAN I THINK 20 OR 25, I THINK IT'S 25, APPLICATIONS FOR AN ABSENTEE
BALLOT IN A NURSING HOME THE BOARD OF ELECTIONS SENDS A BIPARTISAN
TEAM TO THE NURSING HOME TO HELP THE RESIDENTS FILL OUT THEIR
APPLICATION. AND THAT PROCESS IS IMPORTANT BECAUSE IT'S BIPARTISAN. WE
KNOW THAT THERE'S NOT GOING TO BE ANY FRAUD AND WE USE THAT PROCESS
BECAUSE WE KNOW THAT THOSE WHO ARE FRAIL ARE SUSCEPTIBLE OF BEING
UNDULY INFLUENCED IN HOW THEY VOTE. THIS BILL ELIMINATES THAT PROCESS
THROUGH THE END OF THIS YEAR AS A RESULT OF COVID. AND WHILE IT IS TRUE
THAT THE VAST MAJORITY OF OUR NURSING HOME PATIENTS AND IN MANY
FACILITIES ALL OF THEM HAVE BEEN VACCINATED, IT IS EQUALLY TRUE THAT
COVID IS STILL PRESENT IN THE NURSING HOMES AND THAT MANY OF THE
NURSING HOME RESIDENTS ARE VERY CONCERNED ABOUT OUTSIDERS,
PARTICULARLY IF THEY'RE NOT RELATED, COMING INTO THE NURSING HOME.
BECAUSE THIS BILL IS LIMITED FOR JUST THIS YEAR WITH
THESE EXTRAORDINARY CIRCUMSTANCES RELATED TO COVID, I WILL BE
SUPPORTING IT. BUT I WANT TO BE EQUALLY CLEAR THAT AS WE MOVE FORWARD
45
NYS ASSEMBLY APRIL 27, 2021
WITH VACCINATIONS AND AS OUR COVID RATE CONTINUES TO DROP, THIS IS NOT
A PROCESS THAT WE SHOULD UTILIZE ON A REGULAR BASIS IN THE FUTURE
BECAUSE OF THE POTENTIAL FOR FRAUD. SO UNDER THESE NARROW
CIRCUMSTANCES, I WILL BE SUPPORTING IT AND RECOMMEND THE SAME TO MY
COLLEAGUES. BUT I WANT TO BE CLEAR, IT IS NOT A LONG-TERM SOLUTION OR
APPROACH THAT WE SHOULD PURSUE. THANK YOU, SIR.
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 1644. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
COLLEAGUES MS. BYRNES AND MR. DIPIETRO IN THE NEGATIVE ON THIS
LEGISLATION. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 17, CALENDAR NO. 205, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A05380-B, CALENDAR
NO. 205, LUPARDO, WOERNER, BARRETT, STIRPE, STECK, THIELE, PAULIN,
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NYS ASSEMBLY APRIL 27, 2021
HAWLEY, BRABENEC, DESTEFANO, MONTESANO, SCHMITT, ANGELINO,
LEMONDES, MCDONOUGH, B. MILLER, MORINELLO, TAGUE, SIMON,
BUTTENSCHON, OTIS, BLANKENBUSH, GRIFFIN. AN ACT TO AMEND THE
AGRICULTURE AND MARKETS LAW, IN RELATION TO THE PROMOTION OF NEW
YORK STATE ANIMAL AND PLANT FIBER.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
LUPARDO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 3396-A. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. WOERNER TO EXPLAIN HER VOTE.
MS. WOERNER: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME THE OPPORTUNITY TO EXPLAIN MY VOTE. I WOULD LIKE TO THANK
THE SPONSOR OF THIS BILL FOR BRINGING THIS FORWARD. THE PLANT AND FIBER
INDUSTRY -- THE PLANT FIBER AND ANIMAL FIBER INDUSTRY IN NEW YORK STATE
IS A GROWING SECTOR AND MAKING THIS SECTOR OF OUR AGRICULTURAL INDUSTRY
PART OF THE GROWING AND CERTIFIED PROGRAM I THINK WILL GO A LONG WAY TO
HELPING TO PROMOTE THE FIBER INDUSTRY. IN MY DISTRICT WE HAVE A
NUMBER OF FIBER FARMERS AND FIBER MILLS AND OTHER BUSINESSES INVOLVED
IN THE DEVELOPMENT OF WOOLS AND FABRICS FROM THE -- THE ANIMALS THAT
ARE GROWN ON OUR FARM AND SO I'M VERY EXCITED THAT THEY ARE GOING TO
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NYS ASSEMBLY APRIL 27, 2021
BE ABLE TO PARTICIPATE IN THE STATE'S GROWING AND CERTIFIED PROGRAM AND,
ONCE AGAIN, THANK THE SPONSOR OF THIS BILL FOR BRINGING THIS FORWARD.
THANK YOU SO MUCH AND WITH THAT I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. WOERNER IN THE
AFFIRMATIVE.
MR. LEMONDES.
MR. LEMONDES: MR. SPEAKER, THANK YOU FOR
LETTING ME EXPLAIN MY VOTE. I THINK THIS IS A WONDERFUL THING FOR NEW
YORK STATE AND FOR OUR AGRICULTURAL INDUSTRY IN GENERAL. FOR ANYONE
THAT DOESN'T KNOW, THE PROMOTION OF FIBER IS CRITICALLY IMPORTANT FROM
-- FROM THE WAY IT'S GROWN TO WHERE IT ENDS UP ON OUR BODIES LIKE THIS
TODAY. MY FARM WILL BE SHEARING ITS SHEEP THIS THURSDAY. ANYONE THAT
WOULD LIKE TO COME I INVITE YOU ALL. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MR.
LEMONDES.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU
HAVE ANY FURTHER HOUSEKEEPING? I KNOW THAT YOU HAVE A COUPLE OF
RESOLUTIONS WHICH A COUPLE OF OUR COLLEAGUES WOULD LIKE TO SPEAK ON.
ACTING SPEAKER AUBRY: NO HOUSEKEEPING,
BUT WE DO HAVE A PRIVILEGED RESOLUTION.
RESOLUTION NO. 210, THE CLERK WILL READ.
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NYS ASSEMBLY APRIL 27, 2021
THE CLERK: ASSEMBLY RESOLUTION NO. 210, MR.
ZEBROWSKI. LEGISLATIVE RESOLUTION HONORING THE LIFE AND HEROIC
ACTIONS OF JARED LLOYD, RENOWNED VOLUNTEER FIREFIGHTER, DEVOTED FATHER
AND DISTINGUISHED MEMBER OF HIS COMMUNITY.
ACTING SPEAKER AUBRY: MR. ZEBROWSKI ON
THE RESOLUTION.
MR. ZEBROWSKI: THANK YOU, MR. SPEAKER, AND TO
MY COLLEAGUES FOR GIVING ME THE OPPORTUNITY TODAY TO PRESENT THIS
PRIVILEGED RESOLUTION. YOU KNOW EACH DAY AND EACH NIGHT SOMEWHERE
IN OUR GREAT STATE AN ALARM GOES OFF AND WHILE THE REST OF US WORK OR
SLEEP FIREFIGHTERS DROP WHAT THEY'RE DOING AND RUSH TOWARDS DANGER TO
PROTECT THE LIVES OF PROPERTY, TO PROTECT THE LIVES, THE PROPERTY OF THEIR
FELLOW NEIGHBORS AND TRAGICALLY SOME OF THESE FIREFIGHTERS NEVER MAKE
IT HOME. DYING IN SERVICE TO THEIR FELLOW NEW YORKERS AND LAST MONTH
THIS TRAGEDY TOOK PLACE IN MY HOME COUNTY OF ROCKLAND.
FIREFIGHTER JARED LLOYD MADE THE ULTIMATE SACRIFICE ON
TUESDAY, MARCH 23RD, 2021 AT THE AGE OF 35 WHILE IN THE LINE OF DUTY
FIGHTING A STRUCTURE FIRE AT THE EVERGREEN COURT HOME FOR ADULTS IN THE
VILLAGE OF SPRING VALLEY. JARED WAS A 16-YEAR VETERAN OF THE
COLUMBIAN ENGINE COMPANY NO. 1 OF THE SPRING VALLEY FIRE
DEPARTMENT. JARED WAS THE FIRST TO ARRIVE ON THE SCENE JUST AFTER
MIDNIGHT OF A MASSIVE FIRE AT A NURSING HOME. THE EFFORT TO CONTAIN
AND EXTINGUISH THE FIRE INVOLVED OVER 150 FIREFIGHTERS FROM FOUR
SEPARATE COUNTIES AND THEY ALL HEROICALLY FOUGHT TO SAVE THE RESIDENTS
AND STAFF, THEIR FELLOW FIREFIGHTERS IN THE SURROUNDING COMMUNITY.
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NYS ASSEMBLY APRIL 27, 2021
THESE FIREFIGHTERS RISKED EVERYTHING TO FIGHT THE FIRE AND WERE
SUCCESSFUL IN SAVINGS DOZENS AND DOZENS OF LIVES THAT NIGHT. JARED
LLOYD IN PARTICULAR ACTED VALIANTLY AND HE IS CREDITED WITH SAVING
MULTIPLE PEOPLE.
TRAGICALLY WHILE JARED WAS SEARCHING FOR ADDITIONAL
RESIDENTS HE BECAME TRAPPED HIMSELF. HE RADIOED A MAYDAY CALL AND
HIS FELLOW FIREFIGHTERS IMMEDIATELY AND HEROICALLY SOUGHT TO EXTRICATE
HIM. BUT THEY WERE UNSUCCESSFUL AND THE BUILDING SUFFERED A
CATASTROPHIC COLLAPSE. MR. LLOYD AND ANOTHER RESIDENT OF THE HOME
TRAGICALLY LOST THEIR LIVES THAT NIGHT. THE EVENTS OF THAT EVENING ARE
HEARTBREAKING AND WE MOURN WITH HIS FAMILY, BUT WE ALSO CELEBRATE HIS
REMARKABLE SERVICE. HE LOVED BEING A FIREFIGHTER. IN HIS 16 YEARS OF
SERVICE TO THE COLUMBIAN ENGINE COMPANY, JARED TOOK ON SEVERAL
LEADERSHIP ROLES INCLUDING AS AN ENGINEER, A SECOND LIEUTENANT AND A
FIRST LIEUTENANT. AND HE COULD ALWAYS BE COUNTED ON TO RESPOND WHEN
THAT ALARM WENT OFF. HE WAS ALSO AN AVID GOLFER, A BOWLER AND A
DIE-HARD METS FAN, BUT HIS GREATEST PASSION WAS BEING A FATHER TO HIS
TWO YOUNG SONS, DARIUS AGE FIVE AND LOGAN AGE SIX. LOGAN'S SIXTH
BIRTHDAY WAS THE DAY AFTER THAT TRAGEDY. AND WE ALL KNOW, MR.
SPEAKER, THAT JARED'S MEMORY WILL LIVE ON WITHIN THEM.
MR. SPEAKER, AND MY COLLEAGUES, I ASK YOU TO JOIN
WITH ME TODAY IN ADOPTING THIS RESOLUTION IN HONORING JARED LLOYD'S
LIFE AND SERVICE TO HIS COMMUNITY AND COMMEMORATING HIS HEROISM
AND DEDICATION TO THE GREAT STATE OF NEW YORK. THANK YOU, MR.
SPEAKER.
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NYS ASSEMBLY APRIL 27, 2021
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. LAWLER.
MR. LAWLER: THANK YOU, MR. SPEAKER. I THANK
MY COLLEAGUE, MR. ZEBROWSKI, FOR PUTTING THIS RESOLUTION FORWARD.
THIS IS A TERRIBLE TRAGEDY THAT OCCURRED A LITTLE OVER A MONTH AGO AND IT
WAS HEARTBREAKING THEN AS IT IS TODAY. WHEN I HEARD ABOUT THE FIRE THAT
MORNING I WENT OVER TO THE SCENE AND SAW FIRSTHAND WHAT HAD OCCURRED
AND SAW THE FACES OF HUNDREDS OF FIREFIGHTERS WHO WERE EXHAUSTED
FROM HOURS UPON HOURS OF FIGHTING WHAT WAS ONE OF THE LARGEST FIRES
WE'VE EVER HAD IN ROCKLAND COUNTY. AND TO A PERSON, THEY DID NOT
STOP UNTIL THEY RECOVERED THEIR FALLEN BROTHER. AND IT WAS REMARKABLE
TO WATCH.
AND WE'RE JUST GRATEFUL FOR JARED AND HIS SERVICE AND
HIS SACRIFICE TO OUR COMMUNITY. BECAUSE OF HIS HEROIC ACTIONS AND THAT
OF HIS FELLOW FIREFIGHTERS THEY SAVED 113 PEOPLE THAT DAY THAT OTHERWISE
WOULD HAVE PERISHED. AND IT WAS A REMARKABLE FEAT AND AS WE KNOW
FROM THE BIBLE, GREATER LOVE KNOWS NO MAN THAN THIS THAN TO LAY DOWN
HIS LIFE FOR HIS FRIENDS. AND THAT IS WHAT JARED DID FOR OUR COMMUNITY
AND FOR THE 113 RESIDENTS OF THE EVERGREEN COURT NURSING HOME. AND
SO OUR THOUGHTS, OUR PRAYERS LAY WITH HIS CHILDREN, HIS FAMILY, HIS
FRIENDS AND HIS FELLOW FIREFIGHTERS AND I COULDN'T THINK OF NO ONE MORE
DESERVING TO BE RECOGNIZED FOR THEIR HEROISM AND THEIR COURAGE AND
THEIR SACRIFICE. AND SO I ENCOURAGE ALL OF MY COLLEAGUES TO JOIN MR.
ZEBROWSKI AND MYSELF IN VOTING IN FAVOR OF THIS RESOLUTION. THANK
YOU, MR. SPEAKER.
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NYS ASSEMBLY APRIL 27, 2021
ACTING SPEAKER AUBRY: THANK YOU, SIR. ON
THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO.
THE RESOLUTION IS ADOPTED.
RESOLUTION NO. 208, THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 208, MS.
RAJKUMAR. LEGISLATIVE RESOLUTION COMMEMORATING THE QUEENS
COVID REMEMBRANCE DAY TO BE HELD ON MAY 1, 2021 AS A DAY TO
PAUSE AND REMEMBER THE RESIDENTS OF QUEENS LOST TO THE DISEASE AND TO
CELEBRATE THEIR LIVES.
ACTING SPEAKER AUBRY: MS. RAJKUMAR ON THE
RESOLUTION.
MS. RAJKUMAR: THANK YOU, MR. SPEAKER. I RISE
TODAY TO INTRODUCE THIS RESOLUTION DECLARING MAY 1ST, 2021 AS QUEENS
COVID REMEMBRANCE DAY IN THE STATE OF NEW YORK. THE ENTIRE
MEMBERSHIP OF THE QUEENS DELEGATION OF THE ASSEMBLY HAS SPONSORED
THIS RESOLUTION TODAY TO REMEMBER, HONOR AND FOREVER CHERISH THE
MEMORY OF THOSE WE LOST TO THIS DEADLY DISEASE. QUEENS WAS THE
EPICENTER OF THE EPICENTER OF THE COVID-19 PANDEMIC AS MY
COLLEAGUES WOULD KNOW WELL. LIKE SO MANY OF US HERE TODAY, WE
KNOW FIRSTHAND THE PAIN COVID RAVAGED ON US AS A COMMUNITY, A
STATE, A NATION AND A WORLD.
MR. SPEAKER, AMAZINGLY THIS IS MY FIRST TIME SPEAKING
ON THE ACTUAL PHYSICAL FLOOR OF THE ASSEMBLY RATHER THAN THROUGH
ZOOM. ELECTED TO THIS BODY DURING THE COVID-19 PANDEMIC AND
SWORN IN DURING THE COVID-19 PANDEMIC, I LEARNED DURING THIS
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NYS ASSEMBLY APRIL 27, 2021
DEVASTATING PANDEMIC JUST HOW MUCH GOOD LEADERSHIP MATTERS. I HAIL
FROM A DISTRICT THAT WAS FOR MANY MONTHS THE EPICENTER OF THE
PANDEMIC. CRISIS HAS TAUGHT ME THAT GOOD LEADERSHIP MATTERS MORE
THAN I EVER KNEW. GOOD LEADERSHIP MATTERS. GOVERNMENT MATTERS.
WHAT WE DO AT THIS TABLE OF POWER WHEN PEOPLE ARE HURTING IS CRUCIAL,
DETERMINATIVE, IT'S LIFE OR DEATH. I WILL REMEMBER OUR DUTIES AS
GOVERNMENT OFFICIALS FOR THE REST OF MY LIFE.
ON MAY 1ST, I WILL JOIN HUNDREDS OF FAMILIES AND
FRIENDS IN THE HEART OF MY DISTRICT IN FOREST PARK. THERE WE WILL MOURN
AND RECOGNIZE OUR BELOVED QUEENS NEIGHBORS WHO WE LOST TO COVID
WITH OVER 400 EMPTY PARK BENCHES EACH ONE ADORNED WITH AN ARTIST'S
RENDITION OF SOMEONE WHO DIED OF THE DISEASE. SPECIAL RECOGNITION
GOES TO THE QUEENS COVID REMEMBRANCE COMMITTEE COMPOSED OF
PEOPLE WHO LOST A FAMILY MEMBER TO COVID AND WHO ARE NOW BRAVELY
LEADING IN THE FACE OF THIS GREAT LOSS TO BRING OUR COMMUNITY TOGETHER.
THANK YOU TO THE LEADER OF THE COMMITTEE BRIAN WALTER AND HIS MOTHER
PEG. BRIAN LOST HIS FATHER JOHN, A BELOVED MEMBER OF THE QUEENS
COMMUNITY. THANK YOU FOR LEADING IN THE FACE OF LOSS. IN THE WORDS OF
MAYA ANGELOU: "A GREAT SOUL SERVES EVERYONE ALL THE TIME. A GREAT
SOUL NEVER DIES. IT BRINGS US TOGETHER AGAIN AND AGAIN."
ON MAY 1ST WE WILL BE HONORING SHARON BASCOM, A
GUYANESE IMMIGRANT AND QUEENS RESIDENT WHO SERVED FOR OVER 20
YEARS AS A PUBLIC SCHOOL TEACHER. JOSEPH A. FERRUGIA, A 30 YEAR FDNY
VETERAN FROM OZONE PARK TWICE CITED FOR BRAVERY WHO SERVED IN THE
9/11 ATTACKS. RASHIDA AHMED, A HOME HEALTH AIDE WHO WAS ACTIVE IN
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NYS ASSEMBLY APRIL 27, 2021
EMPOWERING SOUTH ASIAN IMMIGRANTS. LUIS EDUARDO RIASCOS, A
21-YEAR VETERAN TAXI DRIVER WHO WAS KNOWN TO WORK HOLIDAYS AND
WEEKENDS TO ENSURE THAT HIS CHILDREN HAD A BETTER LIFE. INDARJIT MARAJ,
73, AN IMMIGRANT FROM TRINIDAD, A TRAIN OPERATOR FOR THE MTA FOR 27
YEARS WHO KNEW EVERYONE ON HIS BLOCK IN RICHMOND HILL. MISS
HENRIQUEZ, A BELOVED WIFE AND MOTHER FROM MY DISTRICT WHO I KNOW
THROUGH HER GRIEVING FAMILY. WE WILL BE HONORING THE BELOVED FATHER
OF ARVIND SOOKNANAN, AN IMMIGRANT WHO ESCAPED POLITICAL TURMOIL IN
GUYANA FIRST LIVING IN QUEENS WITH A FEW FRIENDS AND A DREAM SPENDING
ALMOST 40 YEARS REALIZING THAT DREAM AND GRACING THE WORLD WITH HIS
PRESENCE. I COULD GO ON WITH HUNDREDS OF NAMES AS SO MANY OF US
COULD. LET US HAVE A MOMENT OF SILENCE TO HONOR ALL THOSE WE LOST IN
QUEENS, OUR STATE AND AROUND THE WORLD WHO WILL NEVER DIE IN OUR
HEARTS AND MEMORIES. PLEASE JOIN ME IN A MOMENT OF SILENCE.
(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)
ACTING SPEAKER AUBRY: THANK YOU, MS.
RAJKUMAR.
MS. HYNDMAN ON THE RESOLUTION.
MS. HYNDMAN: WHEN THE PANDEMIC HIT THE MOST
DIVERSE BOROUGH IN THE COUNTRY WAS HIT EXTREMELY HARD. HOME TO 2.4
MILLION PEOPLE WE DEALT WITH THE RAVAGES OF THIS VIRUS ALONG WITH THE
REST OF THE STATE. AS BODIES PILED UP IN OUR HOMES, NURSING HOMES,
HOSPITALS AND MORGUES WE HANDLED THIS WITH GRACE AND DIGNITY. IT WAS
PROVEN THAT WE WERE ASLEEP AT THE WHEEL WHEN THIS PANDEMIC HIT AND
I'M REMINDED THAT WE WILL NOT BE ASLEEP AT THE WHEEL AS A STATE SHOULD
54
NYS ASSEMBLY APRIL 27, 2021
WE EVER HAVE TO DEAL WITH A PANDEMIC SUCH AS COVID-19.
ON THIS REMEMBRANCE DAY FOR QUEENS, LET US
CELEBRATE THOSE OF US WHO MADE IT THROUGH AND CONTINUE TO WORK IN
CONJUNCTION WITH OUR COLLEAGUES TO MAKE SURE THAT THE LIVES OF THOSE
LOST WILL SIGNIFICANTLY AND PROMINENTLY BE REMEMBERED. I THANK THE
SPONSOR OF THIS RESOLUTION AND CONTINUOUS WORK ON LIFTING UP THE
BOROUGH OF QUEENS. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, MS.
HYNDMAN.
MS. GONZÁLEZ-ROJAS ON THE RESOLUTION.
MS. GONZÁLEZ-ROJAS: THANK YOU, MR. SPEAKER.
QUEENS HAS BEEN MY HOME FOR MOST OF MY LIFE AND THE BOROUGH THAT I
AM PROUD TO REPRESENT AND TO RAISE MY FAMILY. IT WAS SAID IT WAS
NAMED AFTER QUEEN CATHERINE BRAGANZA AND WAS A BURIAL GROUND TO
HARRY HOUDINI. MY BROTHER WAS NAMED AFTER ROYALTY AND HAS CREATED
MAGIC. IT HAS ALSO INSPIRED THE LOCATION OF MY FAVORITE MOVIE COMING
TO AMERICA AND IT IS NEW YORK CITY'S LARGEST AND MOST DIVERSE
BOROUGH. IT IS HOME TO 2.3 MILLION PEOPLE FROM MORE THAN 225
COUNTRIES SPEAKING OVER 200 DIFFERENT LANGUAGES, MOST IN MY DISTRICT.
IT HAS SOME OF THE BEST BARS, THE BEST STREET VENDORS, THE BEST
RESTAURANTS. IT IS WHERE SOME OF THE BEST PIANOS HAVE BEEN MADE AND
WHERE SOME OF THE GREAT MUSICIANS WERE BORN.
QUEENS WAS ALSO ONE OF THE HARDEST HIT BOROUGHS IN
NEW YORK BY THE CORONAVIRUS. IT WAS THE EPICENTER OF THE EPICENTER.
WE EXPERIENCED NEARLY 62,000 CASES AND NEARLY 5,000 DEATHS. AND IT
55
NYS ASSEMBLY APRIL 27, 2021
IS WHERE WE LOST SO MANY LOVED ONES, HEROS, COMMUNITY LEADERS AND
ELDERS AND IT IS ALSO WHERE WE SAVED LIVES. OUR FIRST CASE IN QUEENS
WAS IN FAR ROCKAWAY. AND IT WAS SEARED INTO OUR MEMORIES THE LONG
LINES WRAPPING AROUND ELMHURST HOSPITAL WHERE LIVES WERE LOST AND
LIVES WERE SAVED. AND IT WAS A QUEENS RESIDENT AND NURSE WHO WAS
THE FIRST TO GET THE COVID VACCINE OUTSIDE OF TRIALS. AND IN MORE
HOPEFUL NEWS, QUEENS WAS THE FIRST BOROUGH TO REACH ONE MILLION
VACCINATIONS.
SO I WANT TO THANK ALL OUR ESSENTIAL WORKERS AND
EXCLUDED WORKERS IN QUEENS WHO KEPT OUR BOROUGH AND OUR PEOPLE
ALIVE AND COMFORTED THE LOVED ONES OF PEOPLE WE LOST. I THANK OUR
HEALTHCARE WORKERS, ELMHURST HOSPITAL IN PARTICULAR, THE NON-PROFITS,
AND THE EVERYDAY QUEENS COMMUNITY MEMBERS, MY NEIGHBORS WHO
TOOK CARE OF US AND KEPT US SAFE. WHO WOULD PULL TOGETHER MUTUAL AID
EFFORTS, FOOD PANTRIES AND COMMUNITY FRIDGES TO KEEP US FED. QUEENS
WAS SO HEAVILY IMPACTED BUT OUR BOROUGH HAS PROVEN THAT EVEN THOUGH
WE MAY FALL, TOGETHER WE CAN RISE. SO WITH THIS RESOLUTION WE
REMEMBER ALL THOSE THAT WE HAVE LOST. WE ALSO REMEMBER HOW OUR
QUEENS NEIGHBORS UNITED TO SUPPORT ONE ANOTHER THROUGH THE WORST
HEALTH PANDEMIC OF OUR LIFETIME. SO MR. SPEAKER, I PROUDLY VOTE IN THE
AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
WE HAVE NUMEROUS OTHER RESOLUTIONS, WE WILL TAKE
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NYS ASSEMBLY APRIL 27, 2021
THEM UP WITH ONE VOTE. ON THESE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY
BY SAYING AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 209 AND 211
WERE UNANIMOUSLY APPROVED.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I REMIND COLLEAGUES IT FEELS REALLY GOOD TO SEE SO MANY
ADDITIONAL COLLEAGUES IN THE CHAMBER TODAY BUT AS WAS MENTIONED
MORE THAN ONCE TODAY ON THE FLOOR THAT WE ARE STILL IN THE MIDST OF A
PANDEMIC SO I'M GOING TO REMIND FOLKS THAT EVEN WHEN YOU HAVE AN
OPPORTUNITY TO SPEAK AT THE MICROPHONE THAT'S ON YOUR DESK, YOU STILL
NEED TO HAVE ON YOUR MASK. AND IF YOU PREFER TO HAVE THAT VIDEO TAKEN
OF YOU MAKING COMMENTS WITHOUT A MASK IN FRONT OF YOUR FACE, THE
BEST PLACE TO DO THAT IS FROM YOUR OFFICE. AND AGAIN, I WANT TO THANK
COLLEAGUES FOR ADHERING TO THE RULES THAT WE ALL HAVE TO MAINTAIN IN
ORDER TO KEEP US SAFE AND KEEP OUR STAFF SAFE.
WITH THAT, MR. SPEAKER, I MOVE THAT THE ASSEMBLY
STAND ADJOURNED UNTIL 11:30 A.M., WEDNESDAY, APRIL THE 28TH,
TOMORROW BEING A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 6:11 P.M., THE HOUSE STOOD ADJOURNED
UNTIL WEDNESDAY, APRIL 28TH AT 11:30 A.M., WEDNESDAY BEING A
SESSION DAY.)
57