Senate Majority Leader Malcolm A Smith & Senator Graig Johnson Announce Major Statewide Legislation Amined to Protect Children from Sex Offenders
January 30, 2009
(New York, N.Y.) In his first visit to Long Island since being elected State Senate Majority Leader earlier this month, Senator Malcolm A. Smith met today with Senator Craig Johnson to announce the introduction of a major piece of statewide legislation that will protect children from predators.
The bill, S.1300, is a direct response to a recent State Supreme Court decision that invalidated Rockland County’s sex offender residency law. That ruling nullified the local law asserting that under state law, the express authority to determine housing residency for sex offenders lies only with local probation offices. Using that standard some 80 local “child safety zone” laws across the state risk invalidation.
“While I have the utmost respect for the judicial branch, this particular decision is the result of a confusing patchwork of laws that we seek to simplify,” Senator Smith said. “Myself and Senator Johnson are both parents, and we understand the importance of getting our laws right so that no child is placed in harm’s way.”
“We have strong laws on the books on Long Island, and we have to do everything we can to ensure that these protections remain,” said Senator Johnson, who co-sponsored Nassau County’s local law while serving as a member of the county legislature. “Furthermore, by passing this on the state level we can insure that every child, in every community across New York will have access to the very same protections.”
Senator Johnson’s legislation would:
- Prohibit a registered sex offender from living within 1,000 feet of a school building, park, or day care center.
- Establish the state’s Penal Law mandate that the first offense of this law be a Class A misdemeanor, allowing for the presiding judge to mandate up to one year imprisonment. Subsequent offenses will be a Class D felony, allowing for up to seven years of imprisonment.
“I commend Senator Johnson for this legislation and thank Senator Smith for coming today. Much like Nassau’s local laws, Suffolk County’s own laws were written with one goal in mind—give parents the assurance that every child is being protected. This bill is important because as we saw in Rockland County, not much stands in the way of our laws against sexual predators from being overturned,” said Senator Brian X. Foley (D-Blue Point).
The legislation is currently in the Senate’s Committee on Crime Victims, Crime and Corrections. Discussions with potential Assembly sponsors are ongoing.
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Posted by News LI Editor · Filed Under Politics
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6 Responses to “Senate Majority Leader Malcolm A Smith & Senator Graig Johnson Announce Major Statewide Legislation Amined to Protect Children from Sex Offenders”
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Sex offender residency laws are ineffective and counter productive. They are opposed by many victim advocate and law enforcement groups. More info at http://theparson.net/so/residency.htm
All this legislation does is prohibit registered sex offenders from sleeping at night near where children spend their days (and are well protected).
In New York State, 94% of those arrested for sex crimes are first time offenders who are not listed on any sex offender registry. See the NYS Office of Sex Offender Management “Myths and Facts” at http://criminaljustice.state.ny.us/nsor/som_mythsandfacts.htm
A recently published study was done of 19,827 offenders on the New York State Sex Offender Registry on March 31, 2005 (including those sentenced to probation (41%) or local jails. It found that the re-arrest rate for a new sex crime within 8 years of the date of first registration was 8%. The study also found that “sex offenders are arrested and/or convicted of committing a new sex crime at a lower rate than other offenders who commit other new non-sexual crimes.” (Research Bulletin: Sex Offender Populations, Recidivism and Actuarial Assessment, New York State Division of Probation and Correctional Alternatives, May, 2007, p. 3-4).
The face of danger is more likely to appear in a family snapshot than in a mug shot on a sex offender registry. The kidnapping or sexual abuse of a child by a stranger is very rare. According to a report from the U.S. Dept. of Justice, of the sexual offenses committed against children in 2000, 34.2% of the perpetrators were family members and 58.7% were friends of the family (or other adults the children knew). In the age range for sex-related crime victims of 6 to 11 year olds, only 4.7% of their molesters were strangers and in the age range of 0 to 5 years of age, only 3.1% of the perpetrators were strangers.
- Posted by: David Hess
David Hess speaks nothing but truth.
I fear Senate Majority Leader Malcolm A Smith & Senator Graig Johnson are eager for Media Attention, just like Bobby Jindal.. we have a new term which adaquately depicts the situation Media Whores.
All the facts presented by David Hess are just that Fact.
Please ask Senate Majority Leader Malcolm A Smith & Senator Graig Johnson to show statistics that prove their draconian lawmaking will actually protetect evenone citizen.
Making persons homeless and unable to find a job or make friends is nothing more than banishment.
This practice is causing long lines at the welfare office, many families to be homeless and some to even die.
A recent article shows how a very old man, FROZE TO DEATH because he was shunned into banisment due to a 20 year old conviction.. and Draconian Sex Offender Laws like this.
Visit http://www.cfcamerica.org for full details, documentation and more info on this opinion.
- Posted by: cfcamerica
I am an Registered Sex Offender. I am sure some will read the first sentence and not read or think about the rest of what I have to say.
The crime I committed happened in 1996. It was against a family member I will not name, even indirectly. To do so would re-victimize her. Since then I have committed no other crimes. As a matter of fact after I sexually abused my family member I went to the police station and told them what I did. I had to stop the cycle of sexual abuse I grew up with, what I was now doing to someone close to me. I wasn’t sure how or what I had to do. I went to court, jail and I was on probation for five years. During that time I went to Sex Offender Counseling and learned a lot, saying a lot is such an understatement.
I wish back then that they had things in place for people to go to BEFORE any sex crime happened against anyone of any age. I tried to talk with a therapist about what I went through as a child and how I was feeling. But he wasn’t trained in that area. Not many really where back then (1996) and sadly unless you are on probation or parole there is not much help for people now. Not to mention with all the laws how can people like me, before a crime is committed, go and talk with someone without the fear of loosing everything.
Many states have tried the residency laws. Some are now learning it costs a lot of money and it is not showing any results, it is not showing it is helping at all. Some official (The keyword here is official, not rumors or something someone watched on a TV show,) have shown that it is making things worse. Is it really a good idea with residency restrictions and people having to move away from family and support, also in a lot of cases being homeless and jobless?
I have heard some ideas. Lets get them all together in camps, civil confinement, etc. Is that a good idea? When someone commits any crime then yes, they need to be punished. Let the punishment fit the crime.
This doesn’t work in other states. The costs are are a lot more they thought it would be in those states. There is a growing amount of evidence to show that these laws do not help but make things worse.
The state will be covering the costs of all this which means the tax payer will be covering the cost of this. I hope they prove to the tax payer in detail how and why this is suppose to work, a detailed list of costs before, during and after rather then throw out statics that are not supported in order to get people scared and fearful (hysterical in some cases.)
- Posted by: Ron
David Hess speaks nothing but truth.
I fear Senate Majority Leader Malcolm A Smith & Senator Graig Johnson are eager for Media Attention, just like Bobby Jindal.. we have a new term which adaquately depicts the situation, those who only wish to be in the media spotlight, and gain votes by passing laws which harm people and serve no purpose.
All the facts presented by David Hess are just that Fact.
Please ask Senate Majority Leader Malcolm A Smith & Senator Graig Johnson to show statistics that prove their draconian lawmaking will actually protetect evenone citizen.
Making persons homeless and unable to find a job or make friends is nothing more than banishment.
This practice is causing long lines at the welfare office, many families to be homeless and some to even die.
A recent article shows how a very old man, FROZE TO DEATH because he was shunned into banisment due to a 20 year old conviction.. and Draconian Sex Offender Laws like this.
- Posted by: cfcamerica
I agree totally with David Hess.
The perception of sex offenders that the public has is one that the entertainment news media and politicians have perpetuated for nothing more than ratings and voted.
Very rare cases like that of John Couey who murdered little Jessica Lundsford has been transferred to everyone who has been convicted of a sex crime.
It is not the case. a pedophile is one who has a fixation on prepubescent children and makes up for 1 percent or less of those on the registries.
If we are to ever approach prevention, than we, the public need to understand the research.
Law makers need to understand the research and the vast majority have ignored research in exchange for votes.
As a result, the laws as they are written today, endanger children and the whole of society. The laws have the very opposite effect of what they were intended to do.
That, my friends, is a sad commentary, and says very little for our law makers and journalism.
- Posted by: MSLGWCEO
Not only should the sex offenders be banished, we are protecting the future of America by ensuring these offenders have to move away with their families and their disgusting little perverted piglet children. When offenders are banished we send a message that we do not want them, their spouses OR their filthy offspring associating with the good people. See more American heroes that are part of banishing the filthy children of America at www.banishers.net. Please email and call to show your support for their efforts to keep the scum and the scum of the scum away from us.
- Posted by: Banishers