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January 23, 2006
Pataki Proposes one of the most punitive laws in the country for sex offenders
PRESS RELEASES - 2006
FOR IMMEDIATE RELEASE:
January 23, 2006
GOVERNOR PATAKI PROPOSES ONE OF STRONGEST LAWS IN THE NATION TO IMPOSE TOUGH, NEW PENALTIES ON CHILD MOLESTERS
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³Jessica¹s Law² Would Mandate 25 Years to Life for the Most Violent Sexual Crimes Against Children Impose Tougher Sentences for Worst and Repeat Sex Offenders; Strengthen Other Sexual Assault Laws; Proposal Comes Days After Governor Signs Tougher Megan¹s Law
Governor George E. Pataki today furthered his commitment to keep New York¹s children and families safe by proposing Jessica¹s Law legislation that imposes tougher penalties on those who commit sexual crimes against children, and further strengthen other sexual assault laws.
³As a father of four, I can hardly imagine anything worse than the sexual abuse of a child,² Governor Pataki said. ³This new legislation will ensure that if you commit the worst kind of violent sexual crime against a child, you will go to prison for a minimum of 25 years. But Jessica¹s Law will do more than that -- it will also raise the age threshold for crimes against children and further penalize the worst-of-the-worst sexual predators as well as repeat sexual offenders.²
"The Assembly proposals would provide up to life sentences for the most serious sex crimes in which a weapon was used, in a crime with multiple victims, or if the culprit had previously been convicted of a felony sex crime. Adults convicted of a serious sex crime against a child under 13 years old could spend life in prison. In addition, a sex offender could be confined for life after a psychiatric exam and after the state attorney general petitions a court, but the offender would be provided a public defender, a public hearing and other due process measures, under the Assembly version. A jury would have to vote unanimously to hold an offender in civil confinement if it is shown he or she is likely to repeat a horrific sex crime again."
http://www.newsday.com/news/local/wire/newyork/ny-bc-ny--sexoffenders0123jan
23,0,4239420.story?coll=ny-region-apnewyork
Jan 23, 2006
AP New York
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`Jessica's Law' would end short sentences in sex crimes
By MICHAEL GORMLEY
Associated Press Writer
January 23, 2006, 5:20 PM EST
ALBANY, N.Y. -- A convicted rapist likely serves less than three years in prison. A convicted sexual abuser spends about a year and a half in prison. And a sexual offender convicted of a lesser felony likely sees less than six months in prison.
Under new proposals from Gov. George Pataki, those average lengths of time served as a result of plea bargains and other factors would change.
Sentences would increase to as much as 25 years to life and life in prison without the chance of parole. The minimum sentence for conviction of a sex crime against a child would be 25 years.
"We have to have penalties that come close to the magnitude of the crime," Pataki said Monday in releasing his package of sex crime bills led by the proposed Jessica's Law. The law is named for 9-year-old Jessica Lunsford of Florida who was snatched from her bed, raped and killed last year by a convicted sex offender who, despite public sex offender registries, was living 150 yards from the home without her family's knowledge.
The Republican governor released his proposals in a news conference hours before the Democrat-led Assembly released its own Child Safety and Sexual Predator Punishment and Confinement strategy. That package of bills addresses the same issues, but they are fundamentally different from Pataki's package that was supported by the Republican-controlled Senate. The Assembly, Senate and governor will have to compromise for the competing bills to become law.
"Sexual abuse and assault are heinous crimes that leave profound, everlasting scars," said Assembly Speaker Sheldon Silver, who sponsored some of the measures. "Ultimately we intend to go to conference committees and iron out our differences, hopefully the Senate agrees, and we can produce a law."
Pataki called the Assembly package weak and full of loopholes, but said he'd negotiate.
The Assembly proposals would provide up to life sentences for the most serious sex crimes in which a weapon was used, in a crime with multiple victims, or if the culprit had previously been convicted of a felony sex crime. Adults convicted of a serious sex crime against a child under 13 years old could spend life in prison.
In addition, a sex offender could be confined for life after a psychiatric exam and after the state attorney general petitions a court, but the offender would be provided a public defender, a public hearing and other due process measures, under the Assembly version.
A jury would have to vote unanimously to hold an offender in civil confinement if it is shown he or she is likely to repeat a horrific sex crime again.
Pataki cited this as an example of a loophole: He said the measure would give one juror veto power and the ability to release a serious offender. Pataki's proposals would establish:
_A mandatory sentence of 25 years to life for violent sexual felonies against children, under a measure called Jessica's Law.
_A new definition for a child in the most serious level of sex crimes from "under 11" to "under 13" years old.
_Life without parole for causing the death of a child during a sexual assault.
_A new higher-level felony for using children under the age of 13 in a sexual performance.
_Increased sentences for all other sexual crimes against children. _Mandatory sentences of 25 years to life for all second-time felony sex offenders.
_Mandatory 25 years to life minimum sentences for a proposed "predatory sexual assault" crime. That crime would include the use of a weapon or committing multiple sexual assaults.
"The devil is in the details," said Republican Assembly leader James Tedisco of Silver's civil confinement proposal. "And even the devil wouldn't be confined under their law."
The Governor¹s legislation is named for Jessica Lunsford, a nine-year-old-girl who was abducted, sexually assaulted and murdered by a registered sex offender living in her neighborhood in Florida. ³Jessica¹s Law² was first signed in Florida last year. Governor Pataki¹s proposed New York Jessica¹s Law is modeled on the original Florida law, and if passed, it would be one of the toughest laws in the country against violent sexual predators of children.
Just last week, at the Governor¹s urging, the Legislature passed an expansion of Megan¹s Law, lengthening the amount of time sex offenders would be mandated to remain on the Sex Offender Registry and ensuring thousands of sex offenders would not come off the lists beginning this month. This new law ensures that all sex offenders remain on the Registry, most for life, and continues to give every parent and family the ability to find information about sex offenders in their neighborhoods.
³Last week we strengthened Megan¹s Law. Today I am proposing Jessica¹s Law. And still, we can and must do more to further ensure the safety of our children and families. We still need to work together to pass new laws that would further toughen Megan¹s Law, protect our children and families by civilly confining dangerous sexual predators, toughen sentences for those who molest and rape children, end the statute of limitations on rape, and require every criminal to submit a DNA sample to the State¹s DNA Databank,² the Governor added.
Several of the provisions of Jessica¹s Law have been acted on by the State Senate since 1996, but they have not been acted on by the State Assembly Majority Leadership.
Mark Lunsford, father of Jessica Lunsford, the child for whom the bill is named, said, ³I want to commend Governor Pataki and New York State for looking to implement tougher laws to protect children. Although we will never be able to prevent all of the crimes that will be committed against children, we can implement laws that will further protect them and avoid senseless tragedies. The death of my daughter‹like so many other children‹could have possibly been avoided; and there is no time better than the present to take action so that it doesn¹t happen again. I look forward to helping New York protect its children by working with the Governor and the New York Legislature to get New York¹s version of Jessica¹s Law passed.
³Like Governor Pataki, I believe this will only be accomplished by working through bi-partisan partnerships. I believe the Governor and I will be able to successfully work with the Assembly and Senate so that New York¹s children can live lives free from fear and harm. I believe that together, we can implement laws that will keep dangerous individuals who want to harm and destroy innocent lives away from our children. Never again should a child have to suffer the pain and fate that my daughter did. It is our job to make sure this never happens again and that children can safely play in our communities and neighborhoods.²
Assembly Minority Leader James Tedisco said, ³This is an excellent proposal. We must do everything we can to protect children from dangerous pedophiles, molesters and rapists. Sexual crimes against children are the most evil of crimes and the perpetrators should be dealt with harshly. The families of New York are demanding action immediately and if the Assembly Democrats drag their feet they will have to answer to those families in November.²
Senator Michael Nozzolio said, ³Governor Pataki has proposed a comprehensive approach to keeping violent sexual predators behind bars. Protecting innocent children from sexual assault is critically important and this new proposal will advance our fight to protect our children and families from the scourge of sexual predators.²
Jessica¹s Law would include:
Tougher Sentences for Sex Crimes against Children
* Mandatory A-I sentence of 25 to Life for violent sexual felonies
against children (Jessica's Law)
* Increase age threshold for most serious sexual crimes against children
from "under 11" to "under 13"
* Mandatory life without parole sentence for causing the death of a child
during a sexual assault (Tamiqua's Law).
* Creation of a higher-level A-I felony offense for using children under
the age of 13 in a sexual performance.
* Increased sentencing for all other sexual crimes against children.
Tougher Sentences for Repeat Sex Offenders
* Mandatory 25 to Life sentences for all second-time sexual felony
offenders.
Tougher Sentences for the ³Worst of the Worst² Sexual Offenders
* Mandatory 25 to Life minimum sentence for new crime of ³Predatory
Sexual Assault².
* Aggravating factors for the new crime of ³Predatory Sexual Assault²
would include: (1) causing serious physical injury; (2) use or display of a gun, deadly weapon or what appears to be a gun or deadly weapon; and (3) committing more than one sexual assault; (4) a prior sexual or violent offense.
Strengthening Other Sex Assault Laws
* Adding numerous sex crimes to list of ³violent felony offenses².
* Eliminating requirement that ³physical injury² be demonstrated in
aggravated sex abuse cases.
* Require the Board of Parole consider input from the State Board of Sex
Examiners prior to granting parole to any sex offender.
* Make Sexual Abuse in the Second Degree (subjecting one incapable of
consent to sexual contact for any reason except age) a felony. Currently, it is only a misdemeanor to subject a person who is physically helpless or mentally disabled or incapacitated to sexual contact.
New York State Director of Criminal Justice Chauncey G. Parker said, ³This legislation will give law enforcement officials the tools they need to ensure that dangerous predators who prey on our children receive the appropriate punishment. As a former prosecutor I know how important it is to have a law like Jessica's Law on the books. I want to thank Governor Pataki for continuing to propose legislation that will allow us to further protect our children and families.²
During his 12th and final State of the State Address three weeks ago, the Governor called for new laws that would further protect our children and families by: requiring the civil confinement of dangerous sexual predators; imposing longer sentences for those who molest and rape children, or commit violent or repeat sexual assaults; strengthening New York¹s Megan¹s Law; ending the statute of limitations on rape and sexual assaults; and requiring all criminals to submit a DNA sample to the State¹s DNA Databank.
Over the past ten years, violent crime in New York State has been cut in half. Crime is at its lowest levels since statewide crime reporting began - nearly 40 years ago. ###
http://www.ny.gov/governor/press/06/0123062.htm
Posted by lois at January 23, 2006 10:48 PM