WEDNESDAY, FEBRUARY 7, 2024 9:56 A.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 Tuesday, February the 6th.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Mr. Speaker, I move to

dispense with the further reading of the Journal of Tuesday, February

NYS ASSEMBLY FEBRUARY 7, 2024

the 6th and ask that the same stand approved.

ACTING SPEAKER AUBRY: Without objection, so

ordered.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Thank you, sir. To

members that are in the Chambers, as well as our guests that are in the

Chambers I'd like to share a quote today. This one is coming from

Dorothy Vaughan. She was a mathematician and NASA's first Black

manager. Rarely seen as the face of the space program, but she was

the face of it. Her words for us, separate and equal are two different

things. Just because it's that way, doesn't make it right. Again, these

words from Dorothy Vaughan, a stellar mathematician who helped

usher us through the space movement in this country.

Mr. Speaker, and colleagues, members have on their

desks a main Calendar. After you have done any introductions or

housekeeping, we're going to begin with Calendar Resolutions on

Page 3. Then we're going to take up the following bill on debate, it's

Calendar No. 265 by Mr. Meeks. And then we're going to go on

consent to Calendar No. 19 by Mr. Bronson. Following that, we're

going to pick up where we left off on consent from Calendar No. 101

which is on Page 17. There may be a need for additional floor

activity. Mr. Speaker, if so, I will be pleased to announce it at that

time. However, that's the general outline of where we're going for

today, and now would be a great time for your introductions and/or

housekeeping. Thank you, sir.

NYS ASSEMBLY FEBRUARY 7, 2024

ACTING SPEAKER AUBRY: Thank you, Mrs.

Peoples-Stokes. No housekeeping, but we do have a introduction.

Mr. Conrad for the purposes of a introduction.

MR. CONRAD: Thank you, Mr. Speaker. I'd like to

introduce the Erie County School Board Association members - if you

would stand, please. These folks are fine folks here to advocate for

the public schools from all of the Western New York delegation. And

I want to introduce Kathleen Chiavetta, who is one of the

co-legislative chairs and Erik Polkowski. If you know Chiavetta's

Chicken in Buffalo you know the Chiavetta family and their advocacy,

but also their advocacy for public schools is renown. And I'm also

joined by members of my own Kenmore-Town of Tonawanda and I

want to thank them for coming and advocating and I wish that you

would welcome them to the People's House and wish -- and grant

them the privileges of the floor.

ACTING SPEAKER AUBRY: Certainly. On behalf

of Mr. Conrad, the Speaker and all the members, we welcome these

school board members here and association here to the New York

State Assembly. We extend to you the privileges of the floor, and our

appreciation for the real patience that you showed waiting for us to

begin. It's admirable that you have that kind of patience and that kind

of patience, I'm sure, will ensure that the schools in your district are

operating as they should, well and teaching our children. We thank

you for your work. Congratulations.

(Applause)

NYS ASSEMBLY FEBRUARY 7, 2024

We will go to resolutions on Page 3, Assembly No.

837, the Clerk will read.

THE CLERK: Assembly No. 837, Ms. Wallace.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim February 7, 2024, as Girls and Women in

Sports Day in the State of New York.

ACTING SPEAKER AUBRY: Ms. Wallace on the

resolution.

MS. WALLACE: Thank you, Mr. Speaker, for

giving me the opportunity to bring this resolution forward asking

Governor Hochul to proclaim February 7, 2024, as Girls and Women

in Sports Day in the State of New York. This day marks -- is also the

National Girls and Women in Sports Day which pays tribute to the

incredible achievements of women athletes everywhere. Girls and

Women in Sports was established 37 years ago to celebrate the

accomplishment of athletes and to recognize the important positive

influence that sports have on young women and to advocate for more

gender equity in sports. Since Title IX was adopted 51 years ago, we

have seen generations of women athletes and their peers stun

competitors, audiences and perform outstanding athletic feats. So we

ask this Body to take a moment to recognize the accomplishments of

athletes like Simone Biles, Katie Ledecky, Suni Lee, Sha'Carri

Richardson and so many others who will represent the nation in Paris

this summer at the 2024 Olympics. We also recognize Flo Hyman

who was the inspiration behind the First National Girls and Womens

NYS ASSEMBLY FEBRUARY 7, 2024

in Sports Day in 1987. Participation in youth sports is associated with

so many positive developments from improved physical health, to

better grades, to improved mental health, less risky behavior and

ultimately lifelong higher earnings. But despite the progress we've

made, girls and young women's participation in sports remains still

lower than their male peers even at the rates that we have, and

especially at the rates for -- for lower income and minority

households. So as we recognize Girls and Women in Sports Day, we

must commit to providing more opportunities for girls and young

women to play sports so that they can realize their full potential,

accomplish their incredible athletic feats and perhaps inspire the next

generation of girls to follow in their footsteps. 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.

THE CLERK: Assembly No. 838, Mr. Thiele.

Legislative Resolution memorializing Governor

Kathy Hochul to proclaim February 2024, as Turner Syndrome

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 No. 839, Mr. Lemondes.

Legislative Resolution memorializing Governor

NYS ASSEMBLY FEBRUARY 7, 2024

Kathy Hochul to proclaim February 2024, as Lamb Lovers Month in

the State of New York.

ACTING SPEAKER AUBRY: Mr. Lemondes on the

resolution.

MR. LEMONDES: Thank you, Mr. Speaker. As we

celebrate Lamb Lovers Month this February in accordance with the

American Lamb Board Ewe Complete Me campaign, that's e-w-e, let

me say a few things about the superb tasting, highly nutritious meat

source of which New York ranks among the top 20 sheep producing

states in the country having 2,133 sheep farms.

First, the story of the sheep itself is simple. No other

animal has provided more comfort to humanity than the sheep. They

have been there by our sides since the dawn of time not only as a food

source for meat and dairy products but also for their fiber, wool for

clothing, fertilizer and a host of other applications. As the most

efficient ruminant animal, sheep turn the least amount of inputs into

the greatest amount of dense, rich protein available. Sheep are truly at

the intersection of where nutritious meets delicious. Lamb meat also

-- lamb meat also contains the highest amount of conjugated linoleic

acid, CLA, as any other protein. It's a highly beneficial fatty acid that

aids in the promotion of fat loss, is an anticarcinogen and promotes

and provides a host of other significantly positive health and

nutritional benefits. Lamb is also the least understood protein source

available to us in the US. Most of us, if not all of us, came from

countries where sheep and goats were our main source of protein.

NYS ASSEMBLY FEBRUARY 7, 2024

That changed in the last 50 years here in the US. So buy lamb, eat

lamb, love lamb. It's sustainable, tastes great, is good for you and is

locally produced all over New York State and throughout our nation.

Enjoy and celebrate American lamb. 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.

Page 36, Calendar No. 265, the Clerk will read.

THE CLERK: Assembly No. A08566, Calendar No.

265, Meeks. An act to amend the Executive Law, in relation to

expanding eligibility for victims and survivors of crime to access

victim compensation funds; and to amend a chapter of the Laws of

2023 amending the Executive Law relating to expanding eligibility for

victims and survivors of crime to access victim compensation funds

by removing the mandatory law enforcement reporting requirement,

providing alternative forms of evidence that would show that a

qualifying crime was committed and the confidentiality of certain

records, as proposed in legislative bills numbers S. 214-A and A.

2105-A, in relation to the effectiveness thereof.

ACTING SPEAKER AUBRY: Mr. Meeks, a

explanation has been requested.

MR. MEEKS: Thank you, Mr. Speaker. This bill is

a Chapter Amendment to chapter 695 of the Laws of 2023 which

expanded eligibility for victims and survivors of crime to access

victim compensation funds. One of the primary aims of that

NYS ASSEMBLY FEBRUARY 7, 2024

legislation was to allow for alternative evidence to show the Office of

Victim Services that a qualifying crime occurred beyond a police

report. This Chapter Amendment seeks to clarify the process whereby

individuals file for victim compensation given the expanded eligibility

as provided by Chapter 695 of the Laws of 2023. Thank you.

ACTING SPEAKER AUBRY: Mr. Goodell.

MR. GOODELL: Thank you, Mr. Speaker. Will the

sponsor yield?

ACTING SPEAKER AUBRY: Mr. Meeks, will you

yield, sir?

MR. MEEKS: Yes, sir.

ACTING SPEAKER AUBRY: Mr. Meeks yields.

MR. GOODELL: Thank you, Mr. Meeks. This

Chapter Amendment, as I understand it, did a couple of major

changes. The first is that it tightened the process, if you will, of

determining eligibility by requiring that those who went to a victim

services organization, that victim service organization had to

document that domestic violence occurred and that the injuries were

the result of that domestic violence, as opposed to just a self-

attestation, correct?

MR. MEEKS: It goes beyond domestic violence.

That is one form of victim compensation, but it also includes an array

of other crimes that one may be eligible for compensation.

MR. GOODELL: But getting back to my question.

One of the Chapter Amendments was to require the support agency

NYS ASSEMBLY FEBRUARY 7, 2024

for survivors of crime, or the records of a criminal justice agency

relating to that to then document that the crime actually occurred and

that the injuries were the result of crime, right? That's the bottom of

Page 1.

MR. MEEKS: Yes, that decision would be made by

OVS.

MR. GOODELL: Okay. The second change, which I

found interesting, is that the existing law says that upon filing a claim

for victims compensation, the Office of Victims Compensation shall

promptly notify the District Attorney in the affected county of the

crime, provided however that if the referral to the crime victims

compensation board came from a victim services provider quote, "the

office shall not make such notification." Why do we as a matter of

public policy want to make it unlawful to report a crime to law

enforcement if the report comes through victim services provider?

Don't we want to have these abusers arrested and prosecuted?

MR. MEEKS: Thank you, sir. This is not an attempt

to make it illegal. However, we recognize the responsibilities of OVS

and this would not become an additional responsibility for them to

report said instances to the police department. However, they can

take it upon themselves to inform said victim of the different

resources that are out there. The fact that they were a victim of a

crime and these are the different reporting agencies that they can reach

out to such as a police department or a District Attorney's Office.

MR. GOODELL: There's another interesting

NYS ASSEMBLY FEBRUARY 7, 2024

amendment in this Chapter Amendment and that is that the existing

law requires that if there's a quote, "request for information based on

legitimate criminal justice purposes", closed quote, the Office of

Crime Victim Compensation [sic] must respond to law enforcement

and share that information to aid in the prosecution of the offense.

But then it goes on, provided that if the referral came from a crime

victim services agency then, quote, "the crime victims compensation

board, quote, "shall not provide any personally identifying information

or information regarding the crime." That makes it impossible to

prosecute a case, right, with -- without that information?

MR. MEEKS: I would disagree. It doesn't make it

impossible to prosecute the case. However, the victim could actually

work with -- with relevant agencies as it relates to the police

department and the District Attorney [sic] Office if they choose to do

so in prosecuting a -- a matter.

MR. GOODELL: Is there anything in the original

bill or the Chapter Amendment that would encourage these victim

service providers to have the victim report the crime or seek an Order

of Protection? Is there anything in the statutory language that would

encourage or require a victim services provider to urge the victim to

pursue criminal prosecution?

MR. MEEKS: It's my understanding that OVS and --

and those who they may report to have the ability to talk to them about

their challenges and suggest to them different avenues that they can

take. However, it's not their responsibility to report something on

NYS ASSEMBLY FEBRUARY 7, 2024

behalf of the victim. The victim can report and make needed -- make

needed reports to relevant parties if they choose to do so.

MR. GOODELL: Well, I understand that the victim

services provider can make those recommendations. Is there anything

in the statutory language that requires them to make that type of

recommendation?

MR. MEEKS: No, there isn't.

MR. GOODELL: Okay. Again, thank you very

much, Mr. Meeks. I appreciate your comments.

On the bill.

MR. MEEKS: Thank you.

ACTING SPEAKER AUBRY: On the bill, sir.

MR. GOODELL: In her State of the State message or

rather her budget message, the Governor noted the seriousness of

domestic violence. And she stated that 40 percent of the felony

assaults in New York City and 30 percent of the aggravated assaults

outside of New York City involved domestic violence. She further

reported that roughly 20 percent of homicides in any year in the State

of New York are related to domestic violence. So domestic violence

is a huge issue. And the Governor, in my opinion, properly identified

it and this Legislature, in my opinion, is very much aware of it.

The Governor then went on to say and I quote,

"Absent prosecution, offenders' abusive behavior may continue and

escalate," closed quote. Now all of us know that one of the most

effective tools to break that cycle of violence is an Order of

NYS ASSEMBLY FEBRUARY 7, 2024

Protection. Well, you can get an Order of Protection through family

court. The rest of them require a charge be brought against the abuser,

and it's sometimes, you know, stalking or harassment or a simple -

when I say "simple" a non-felony assault. But without that charge

being brought, those people don't get the protection of an Order of

Protection, which can be very effective. So here we have the

Governor in her message saying absent prosecution, offenders'

abusive behavior may continue and escalate. And then at the same

time we get a Chapter Amendment that makes it unlawful for the

crime victims compensation board to report the crime if it came

through a victim services organization. Now wait a minute. Is there

something here that I'm missing? How is it we're supposed to comply

with the Governor's thoughtful comment that we need to increase

prosecution, that we need to break the cycle. How is it we're supposed

to help victims get an Order of Protection when it's unlawful in her

own Chapter Amendment to report the crime? And it's unlawful to

share relevant information with law enforcement.

My friends, if we're taking domestic violence

seriously, we should both do everything we can to help the victim,

absolutely and I'm fully in accord with my colleague and his original

bill and this in terms of the desire to help the victim. In helping the

victim means not just giving them money, it means helping them

break that cycle by giving them an Order of Protection. But my

friends, if we're serious about domestic violence, we have to be

serious about breaking the cycle. And we know from experience that

NYS ASSEMBLY FEBRUARY 7, 2024

the best way to break that cycle is to prosecute the abuser to say this is

unacceptable in the State of New York and if you engage in that type

of unacceptable behavior, we are going to arrest you and prosecute

you. We can do both, my friends. We can help the victim and we can

break the cycle. It's not one or the other. Yet, this Chapter

Amendment says it's not both. It says we'll help the victim with cash,

we won't help the victim with an Order of Protection and we make it

unlawful to even report a whole category of these crimes to law

enforcement. This seems to follow a disturbing pattern, in my mind,

where we make it unlawful to cooperate with Federal immigration

officials. We make it unlawful here to report certain crimes. And

yesterday we made it unlawful to cooperate with other states when it

involves our positions doing something that's illegal in their state

using telehealth. Maybe we should consider a different approach and

support law enforcement and recognize that effective law enforcement

can reduce crime and reduce the number of victims and make New

York safer.

Now, as we go to vote on this. As is often with a

Chapter Amendment and with the original bill there are great things

about this Chapter Amendment and this original bill in terms of

helping the victims. And so many of my colleagues will vote in favor

of this, and I understand it and I support that aspect of the bill. But for

me, I can't vote for bills that make it unlawful to report crimes to

break the cycle of violence against domestic violence. Thank you, sir.

ACTING SPEAKER AUBRY: Thank you.

NYS ASSEMBLY FEBRUARY 7, 2024

Mr. Meeks, on the bill.

MR. MEEKS: On the bill, Mr. Speaker. According

to the US Department of Justice, Bureau of Justice Statistics, National

Crime Victimization Survey, 5,813,000- plus violent victimizations

occurred in 2019. Of those victimizations, 59 percent were not

reported to law enforcement officials. NCVS also reported that in

2019 only 7.7 percent of victims/survivors of violent crimes received

assistance from victim service agencies. In other words, over 90

percent of victims and survivors of violent crimes have a low

likelihood of receiving necessary services or support due to not

reporting. Victims and survivors do not report crimes for a variety of

reasons including things such as fear or retaliation, mistrust of law

enforcement, age and/or other demographics of a victim/survivor and

the dynamics of an intimate partner relationship. I am one who is a

staunch advocate in the space of domestic violence. It's something

that I take really seriously. So much so, just here a month ago, I

received a phone call from a constituent in my community. She said, I

called the police on this matter and no one showed up, no one showed

up. So I took it upon myself to call that individual by the name of

Gabriel Person who's a captain in the Rochester Police Department. I

explained my concerns to him. He said Assemblymember, we'll be

sure to get someone out. They got someone out to the scene. Lo and

behold, they found a cell phone of the individual who was harassing

this young lady. We connected her with officers that worked with

individuals in the domestic violence space, and she was able to move

NYS ASSEMBLY FEBRUARY 7, 2024

forward and push for the Order of Protection that she needed. What

we find sometime with laws and rules, they affect different groups

differently. For instance, White women over the age of 55 living in

non-urban areas with incomes over 75,000 a year are the largest

recipients of these resources as it relate to victim of violence. Black

men under the age of 25 living in urban areas with an annual income

below 25,000 experience the highest rates of victimization. And

they're least likely to receive these resources. So when we recognize

there's challenges or flaws with our system, we as legislators have the

right, the power and ability to change policy. And that's what we seek

to do with this legislation. Thank you, Mr. Speaker.

ACTING SPEAKER AUBRY: Thank you, sir.

Mr. Hevesi.

MR. HEVESI: Thank you, Mr. Speaker. Very

briefly. I rise to commend the sponsor for this excellent piece of

legislation. I just want to address one issue that my colleague raised

about Orders of Protection and breaking the cycle of domestic

violence. Domestic violence is incredibly complicated, and while

Orders of Protection can be helpful to protect victims, in certain

circumstances an Order of Protection can be an escalation in a

relationship where the victim is through coercive control of their

abuser not able to get away. So the idea that you should have OVS or

any of these non-profit providers automatically seeking an Order of

Protection is a mistake. It's not a one-size-fits-all. So I respectfully

suggest that we not have OVS or the others asking for Orders of

NYS ASSEMBLY FEBRUARY 7, 2024

Protection or contacting the police because sometimes that actually

will make the matters worse and could serve to hurt the victims of

domestic violence. So, thank you, Mr. Speaker.

By the way, the one other thing that we could do,

instead of Governor Hochul's proposal to increase penalties is for the

first time in history pay the domestic violence workforce, which has

not received a cost of living adjustment for decades, that's how you

break the cycle of violence. That's how you get victims away from

their abusers and that's how you teach kids no, this is not an

acceptable behavior and make sure that this is not a generational

problem. So I respectfully disagree, but I again come back to my

colleague for a great job with this particular bill. Thank you, Mr.

Speaker.

ACTING SPEAKER AUBRY: Thank you, sir.

Mr. Reilly.

MR. REILLY: Thank you, Mr. Speaker.

On the bill.

ACTING SPEAKER AUBRY: On the bill, sir.

MR. REILLY: So I was listening -- listening intently

to the debate in talking about Orders of Protection and hearing some

valid arguments on both sides of the aisle talking about the pros and

cons of Orders -- Orders of Protection, hearing about police response

to incidents that happen in our community. You know, when we

highlight just one incident, sometimes we don't get the larger picture.

When it comes to Orders of Protection, I remember responding to

NYS ASSEMBLY FEBRUARY 7, 2024

family disputes, maybe just a harassment or a misdemeanor or assault.

But it was a must arrest situation. But they were treated as an Assault

Three misdemeanor. Really no consequences when you look at it in

the grand scheme of the Penal Law whether it's an A misdemeanor, B

misdemeanor or a felony.

The Order of Protection, what that does is if you have

just a harassment case of an offender, which is a violation, but when

it's a family offense it gets treated as an arrest, because otherwise a

violation could be just a summons. But when it comes to a family

dispute, they can get arrested and go through the system. What that

Order of Protection does is that it escalates future interactions to make

sure that it is a felony contempt of court. Violating an Order of

Protection. That is an extra layer that the prosecutors have to ensure

the safety of the victim. Because if they are convicted of violating

that Order of Protection, it is now a felony conviction and they look at

more time in jail, or it opens them up to more services like we were

talking about earlier, like my colleague mentioned, because that's the

ultimate goal here, right? Is to make sure that we don't do it again,

and that we offer the services to rehabilitate them. Without having the

ability to ensure that they look for those services, which an Order of

Protection can help do, this is all for naught. So the idea is to improve

the lives of both the victim and the offender, because that's how we

become a productive society. So I think there's a way that we can

come to a compromise and we can do better as a State and as a

legislature and I think we will and I think this bill is good in some

NYS ASSEMBLY FEBRUARY 7, 2024

ways and in some ways it's not. But it's like everything else we

introduce in the legislature, there's a compromise, and not everybody

is going to be happy. But I just wanted to give you some perspective

from how it is when you're a police officer and you're involved in

those domestic incident reports and those incidents and how it

transitions through the court and the services that we hear about that

are happening to the offenders and to the victims. So thank you, Mr.

Speaker.

ACTING SPEAKER AUBRY: Thank you, sir.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Thank you, Mr.

Speaker.

On the bill.

ACTING SPEAKER AUBRY: On the bill.

MRS. PEOPLES-STOKES: I find it interesting how

we transform a conversation about how to protect victims who are

afraid, literally are afraid, into something that's about domestic

violence. Even though people who are engaged in domestic violence

they're afraid as well. And so when you're involved in an issue where

you know somebody is going to hurt you if you say something, of

course you don't want to say anything, because you don't want to be

hurt. But there are plenty of women, tons of them, who have had

Order of Protections, and then they were followed to work in Orchard

Park, and when they got out of the car at 6:00 in the morning they

were shot in the head, dead. Another woman, Order of Protection.

NYS ASSEMBLY FEBRUARY 7, 2024

She went to West Seneca to the mall. The man followed her in there

and stabbed her to death in front of people. Order of Protections don't

protect you necessarily. So let's don't make this a blanket issue about

whether or not you tell someone that somebody is hurting you and

they still hurt you or you don't want to tell somebody that someone is

hurting you when they save your life, and the system supports you in

that decision. That's all this is about. Everybody lives a different life.

Don't make me have to live the life that's safe for you in your

suburban community because that's not my community. Don't make

me have to suffer consequences because you don't understand it

because it's not your experience. This is the experience people live,

Mr. Speaker. This is not frivolous. This is important. It's very

important. And I'm a little concerned that people want to just, you

know, sweep it off as another political opportunity to point out

something the Governor said that they agree with but they don't like

her response in this -- in this Chapter Amendment. That, we need to

stop doing. There's nothing frivolous about this piece of legislation

and I really want to applaud the sponsor for putting it forward and to

having the discussions with the Second Floor about Chapter

Amendments, because at the end of the day it's about protecting the

citizens that live in his district, that live in my district and give them

the opportunity to receive support from the office of crime victims

without necessarily telling the police why they're doing it. And I

know the police are supposed to be here to protect us all, but honestly,

I've been around a long time, Mr. Speaker, and I personally know

NYS ASSEMBLY FEBRUARY 7, 2024

police officers, some of them are in my family and a lot of them I

don't know, but I don't always feel protected by them. I respect the

job that they have, I honor the job that they have, but in reality it

doesn't work that way in everybody's community. And so don't make

us try to live in a life that's not ours. Allow us to live the life we have

and move the laws forward, it will make us feel safer where we are in

our space. We're comfortable there. Let us have an opportunity to

feel safe where we are. Thank you, and thank the sponsor for his

piece of legislation.

ACTING SPEAKER AUBRY: Thank you.

Mr. Angelino.

MR. ANGELINO: Thank you, Mr. Speaker.

On the bill.

ACTING SPEAKER AUBRY: On the bill, sir.

MR. ANGELINO: So I'm a little confused. I've

heard both - Orders of Protections are good, they're bad and quite

often things that happen in this House when they get passed into law,

police officers are required to -- to have to enforce that. And

somehow, some way, law enforcement always ends up on the dirty

end of the stick when this stuff happens. So if there's no Order of

Protection, then prosecution and law enforcement did nothing to

protect this person from domestic violence. If there is an Order of

Protection, now I hear that it can escalate domestic violence. I guess

every situation is different but the cops that are out there on the scene

have to sort this out in hectic circumstances. And you want to know

NYS ASSEMBLY FEBRUARY 7, 2024

what really escalates in a domestic violence scene? The requirement

that every police officer has to go through the domestic incident report

form at every scene before he leaves and have the victims sign it, and

I've been on those. One maybe, two officers, trying to separate chaos

but the requirement to fill out the domestic incident report, we have to

know was your hair pulled? Did a -- did a phone get broken? What is

the -- what's the racial makeup of the offender? Are there children

present? Are there guns in the house? All good things, but this form

is two-sided in I don't know how many different languages, but this --

we have to ask these questions of the victim. A lot of times the

offender is right there, we're trying to keep them separate in another

room and we've escalated it there out of the requirements coming out

of this room. So, I don't know. Police officers are going to have to

figure this out now. The words that I heard from my colleague that

Orders of Protection don't always help. So that's going to -- be careful

when you're in a position of leadership and you say these things

because it trickles down, and I think I was no on this bill last time and

I'll probably be no again. Thank you, Mr. Speaker.

ACTING SPEAKER AUBRY: Thank you, sir.

Ms. Walker.

MS. WALKER: Thank you, Mr. Speaker.

On the bill.

ACTING SPEAKER AUBRY: On the bill, ma'am.

MS. WALKER: So when I hear conversations as I'm

going to a number of public schools for career day, let's say for

NYS ASSEMBLY FEBRUARY 7, 2024

instance, and there's talk about young people, generally adolescents,

they are the drivers of crimes. The young people, we have to do

something about juvenile justice. And many times when I have

conversations with them I says [sic], okay, well, what's going on?

They say they're afraid. Why do young people carry weapons? Why

do they have access to guns? Because they're afraid, and many

instances they're afraid to walk down the streets in their very own

communities based on whatever the circumstances there are that are

going there. Why are they afraid? Because they don't have anyone to

talk to because we are defunding the schools and access to social

workers within our school systems. We are also defunding many of

the social programs, afterschool programs that they have access to to

be able to have conversations with people about their circumstances.

And then we want to tell them to rush into the police department to

look at -- to look at police officers to serve and protect them in which

we all want to be protected but in many instances we see time after

time after time again when people call the police in order for them to

come and help them from a loved one in a domestic violence

situation, somebody uninevitably [sic] will wind up being carried

away in a body bag, which recently happens [sic] in my old district.

And so it -- so it almost sets up a situation like a Catch-22, but we

want crimes and peoples' fears and access to criminal justice agencies

to be open and to be available to everyone including the very same

young people who are possibly committing some of these crimes.

Going into Rikers Island I will never forget having

NYS ASSEMBLY FEBRUARY 7, 2024

conversations with young people about why are you here? If you

could have anything it is that you want in this place what would it be?

Some of them said they wanted to have to be able to watch TV later at

night. They wanted to be able to stay up later at night. The same

things that these juveniles are asking for in Crossroads, I should say

instead of Rikers Island, are the same things that my middle school

student who is at home asks me for. And so these children should be

protected just like everyone else. And if we wanted to promote public

safety we have to make sure that everyone is safe. We don't get to

have safety be a subjective terminology that only resides in a certain

class, in a certain demographic of people. Just because young people

and people who are victims or who may have been -- others have

committed a crime, we always know and we always say that hurt

people, hurt people. And we have to end the hurt at some point in

time, and I believe that this piece of legislation sets us on the right

track in order to be able to get at the root of a lot of the crimes and

incidences that happens in our community and that is getting a hurt

and getting a fear. We hear all of the time that police officers who are

in our communities, they just want to go home. And many times

when they're instances with police officers and people who are in the

community it is because some of them are just afraid. And so this

particular bill, it really just provides the resources that people need

when they are living in a constant state of fear to be normal, to be able

to be -- to feel protected even whether or not they're actually protected

by the Orders of Protections or whatever the circumstances are or not.

NYS ASSEMBLY FEBRUARY 7, 2024

At least if in their minds they feel as if they are protected. They don't

have to walk around in a constant state of feeling like they need to be

armed because they don't know what may happen to them because

they're walking down the wrong block. And so I want to commend

the sponsor for this legislation. It is a very important step to recognize

that we are saying to each and every individual who may be living in

fear because of someone who is antagonizing them, who is harassing

them, who is making them feel uncomfortable that we are hearing you

and we are doing something about it and we are not being subjective

in our policymaking. Thank you, Mr. Speaker.

ACTING SPEAKER AUBRY: Thank you.

Mr. Taylor.

MR. TAYLOR: Thank you, Mr. Speaker. I rise to

speak on this legislation. And I really had not intended to, but I think

there are two dynamics that are happening right here. And one is,

how do we provide that safety? And I know from my experience as a

former military police officer, when you're engaging in domestic

situations those are the most violent places -- places more often that

officers will get hurt in any other scenario just because of the context

that has been explained. When you move one partner away, the other

one becomes anxious because they're concerned. They come together

like nobody's business. So it's dangerous in those situations, but I

don't think this legislation speaks to that. This is an opportunity where

someone can come and get services for a situation that they're in and I

think it's premature to immediately invite officers to that scene

NYS ASSEMBLY FEBRUARY 7, 2024

without understanding the fabric of what's going on in the

background, and they're not mandatory reporters and that's what we're

talking about. They're not going to be a mandatory reporter. And it

provides a safe hazen -- safe haven for that individual to come and

share their experience. And rather than run through the door, you

know, and pushing with force, we want to say, but in the midst of

trying to say, more damage can happen because it had to be sought out

and put in time and there's so many moving pieces. So it's not about,

in my opinion, cops doing their job or not doing their job. This has

nothing to do with them. This is whether or not we're going to inform

them of what happened. I think that individual - he, or she, or they,

should make that decision based on the information that they have and

timing is everything. I can come in and say hypothetically this is

what's going, this is what is happening in my life. I don't have a

second place to go to. I don't have anywhere to go and everything I

know is wrapped up in that space so I need time to adjust. If it's

immediate, then things can happen but I think we want to move at

least in my opinion, in my experience, as a law enforcement officer is

that everything has to work and it's not going to be identical by the

book, there's going to be some gray areas here. So leave space for the

victim to be able to make a cognizant decision about he, or she, or

they and what they want to do in that space as opposed to immediately

giving it to law enforcement. Thank you much, Mr. Speaker. I

support this legislation.

ACTING SPEAKER AUBRY: Thank you.

NYS ASSEMBLY FEBRUARY 7, 2024

Read the last section.

THE CLERK: This act shall take effect immediately.

ACTING SPEAKER AUBRY: The Clerk will record

the vote.

(The Clerk recorded the vote.)

Mrs. Peoples-Stokes to explain her vote.

MRS. PEOPLES-STOKES: Thank you, Mr.

Speaker, for the opportunity to explain my vote. I, again, am very

much appreciative of the sponsor for introducing it and I'm pleased to

vote for it, even with the changes that have been made through the

Chapter Amendment. I will say, though, as a African American

woman who was born and raised in the great State of New York, the

great country of America and the great City of Buffalo, I'm

embarrassed about none of it. But I do realize much like I said in the

quote earlier today that separate and equal still is not right. It's not

right, but we do live in separate circumstances. And even though we

pledge allegiance to justice for all, it doesn't always play out like that.

I understand that and I'm okay with it, because I think that there are

opportunities for it to be changed when like-minded people get

together and think about ways that it can be changed. This is one of

them. This piece of legislation, this is one of them, because

sometimes people are actually afraid to talk to law enforcement about

their circumstances because they fear for their life. There's an agency

that's supposed to support them in that and there's an agency that

should support them in it. So again, I'm grateful to have the

NYS ASSEMBLY FEBRUARY 7, 2024

opportunity to support this piece of legislation.

ACTING SPEAKER THIELE: Are there any other

votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

Page 6, Calendar No. 19, the Clerk will read.

THE CLERK: Assembly No. A00352-A, Calendar

No. 19, Bronson. An act to amend the Criminal Procedure Law, in

relation to designating as peace officers certain employees of the

Monroe County Sheriff's Office serving as court security deputies as

Monroe County Court facilities.

ACTING SPEAKER THIELE: Read the last section.

THE CLERK: This act shall take effect on the 30th

day.

ACTING SPEAKER THIELE: The Clerk will record

the vote.

(The Clerk recorded the vote.)

ACTING SPEAKER AUBRY: Are there any other

votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

Page 17, Calendar No. 101, the Clerk will read.

THE CLERK: Assembly No. A03827, Calendar No.

101, L. Rosenthal, Mamdani, Shrestha, Seawright, Raga, Forrest. An

act to amend the Real Property Actions and Proceedings Law, in

NYS ASSEMBLY FEBRUARY 7, 2024

relation to prohibiting naming dependent children under the age of 18

in petitions to recover possession of real property and eviction

warrants and sealing any records pertaining to such children.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A03866-A, Calendar

No. 102, Jackson, Lee, Simon. An act to amend the Public Housing

Law, in relation to requiring entities responsible for the provision of

vital services to coordinate and work expeditiously to restore service

whenever such service is interrupted.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A03969, Calendar No.

103, Paulin, Gunther, Thiele, Cruz, Dinowitz, McDonough, L.

Rosenthal, Otis, Bronson, Simon, Burdick, Colton, Ardila, Simone,

Seawright, Kelles, Gallagher. An act to amend the Environmental

Conservation Law, in relation to the prohibition of the use of plastic

beverage container packaging.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A03978-A, Calendar

No. 104, Bichotte Hermelyn, Peoples-Stokes, Aubry, Walker, Cook,

Pretlow, Dinowitz, Hevesi, L. Rosenthal, Reyes, Zebrowski, Barrett,

Simon, Dickens, Rozic, Epstein, Colton, Hunter, Seawright, Glick,

Williams, Taylor, Vanel, Otis, Bronson, Carroll, Cruz, Hyndman,

Jacobson, Ramos, Steck, Thiele, Kim, Zinerman, Jackson,

Gonz�lez-Rojas, Lavine, Kelles, Gibbs, Ardila. An act to amend the

Executive Law, in relation to bias-based profiling.

NYS ASSEMBLY FEBRUARY 7, 2024

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A03981, Calendar No.

105, Jackson. An act to amend the Public Health Law, in relation to

hospital care for mastectomy, lumpectomy, and lymph node dissection

patients.

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.

(The Clerk recorded the vote.)

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

THE CLERK: Assembly No. A03986, Calender No.

106, Fahy, Simon, Gallagher, Epstein, Carroll, Jackson, Hunter,

McMahon, Mitaynes, Davila, Burdick, Gonz�lez-Rojas, Kelles,

Simone, L. Rosenthal. An act to amend the Vehicle and Traffic Law,

in relation to the operation of bicycles at stop signs and traffic-control

signals.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A03996, Calender No.

107, Glick. An act to amend the Environmental Conservation Law, in

relation to hunting and fishing licenses.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A04011, Calendar No.

NYS ASSEMBLY FEBRUARY 7, 2024

108, Weprin, Dickens. An act to amend the Insurance Law, in

relation to requiring the superintendent of financial services to

promulgate regulations which provide standardized definitions for

commonly used terms and phrases in certain insurance policies.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A04060-A, Calendar

No. 110, Paulin, Gonz�lez-Rojas, Ardila, Bores, Burdick, Burgos,

Colton, Gallagher, Lavine, Lee, Levenberg, Magnarelli, Raga, Rivera,

Rozic, Shimsky, Simon, Stirpe, McDonough, Forrest, Kelles, De Los

Santos, Seawright, Darling. An act to amend the Public Health Law,

in relation to requiring menstrual products in public colleges and

universities.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A04064-A, Calendar

No. 111, Gallagher, Fall, Beephan, Seawright. An act to amend the

General Business Law, in relation to requiring restaurants and persons

authorized to sell alcoholic beverages to have tangible menus

available upon request.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A04066-A, Calendar

No. 112, Burgos, Sillitti, Gallagher, Fahy, Braunstein, Clark, Fall,

Septimo, Mamdani, Rivera, Durso, Miller, Lunsford, Darling,

Santabarbara, DeStefano, J. A. Giglio, Smith, K. Brown, Ramos,

Lavine, McMahon, Jacobson, Shimsky, Cunningham, Shrestha, L.

Rosenthal, Thiele, De Los Santos, Meeks, McDonough, Williams,

NYS ASSEMBLY FEBRUARY 7, 2024

Colton, Dinowitz, Hevesi, Gunther, Burke, Tapia, Cook, Stern,

Walker, Weprin, Benedetto, Simone, Jean-Pierre, Norris, Jensen,

Beephan, Epstein, Slater, Gray, Conrad, McDonald, Seawright,

Burdick, Bores, Brabenec, Hyndman, Zaccaro, Aubry, Stirpe, Reilly,

Dilan, Solages, Sayegh, Cruz, Carroll, Tague, Alvarez, Lupardo,

Levenberg, Flood, Gonz�lez-Rojas, Morinello, Bronson, Woerner,

Zebrowski, E. Brown, Reyes, Ardila, Gallahan, Simpson, Gandolfo,

Bendett, McGowan, Steck, Wallace, Maher, Walsh, Raga, Lee,

Pheffer Amato. An act to amend the Vehicle and Traffic Law, in

relation to requiring motor vehicle dealer franchisors to fully

compensate franchised motor vehicle dealers for warranty service

agreements.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A04076-B, Calendar

No. 113, Paulin, Weprin. An act to amend the General Business Law,

in relation to requiring bicycles advertised for sale or resale in new

York State to have an identifying serial number.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A04157, Calendar No.

115, Paulin, Vanel. An act to amend the Executive Law, in relation to

the use of automatic license plate reader systems.

ACTING SPEAKER AUBRY: The bill is laid aside.

THE CLERK: Assembly No. A04201-B, Calendar

No. 116, Stern, Simpson, Eachus, Raga, Rajkumar, Santabarbara,

Novakhov, Chang. An act to amend the Veterans' Services Law, in

NYS ASSEMBLY FEBRUARY 7, 2024

relation to veterans health care.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect on the 60th

day.

ACTING SPEAKER AUBRY: The Clerk will record

the vote.

(The Clerk recorded the vote.)

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Thank you, Mr.

Speaker, for allowing me to interrupt our proceedings for the purpose

of an introduction. Our colleague Aileen Gunther has some

committed citizens from the Orange County here. They are on the

Orange County School Board Association. She has Joe Flaherty, Bill

Cooper, Anthony Monaco, Sarah Messing and Karyn Meier. Mr.

Speaker, would you please welcome these great citizens who work

with our young people in Orange County to our Chambers and offer

them the cordialities of the floor.

ACTING SPEAKER AUBRY: Certainly. On behalf

of Mrs. Peoples-Stokes, Ms. Gunther, the Speaker and all the

members, we welcome you here to the New York State Assembly,

extend to you the privileges of the floor. Thank you for coming and

visiting us and also thank you for the work that you're doing to ensure

NYS ASSEMBLY FEBRUARY 7, 2024

that our children are adequately educated in the County of Orange.

Please know that we appreciate the work that you do and you are

always welcome here. Thank you again.

(Applause)

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Mr. Speaker, do you

have any housekeeping or resolutions?

ACTING SPEAKER AUBRY: Well, we have

neither housekeepings nor resolutions, Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Well, sir, let me take

this opportunity to wish you a very happy birthday and a great

weekend.

(Applause)

ACTING SPEAKER AUBRY: Thank you, Mrs.

Peoples-Stokes. Seventy-six and it ain't so bad.

(Laughter)

MRS. PEOPLES-STOKES: That's right. Mr.

Speaker, I now move that the Assembly stand adjourned until

Thursday, February the 8th, tomorrow be a legislative day, and that

we reconvene at 2:00 p.m., February the 12th, Monday being a

Session day.

ACTING SPEAKER AUBRY: The Assembly stands

adjourned.

(Whereupon, at 11:09 a.m., the Assembly stood

adjourned until Thursday, February 8th, Thursday being a legislative

NYS ASSEMBLY FEBRUARY 7, 2024

day, and to reconvene on Monday, February 12th at 2:00 p.m.,

Monday being a Session day.)