PROTECTING OUR COMMUNITIES

Jim Conte has once again proposed a comprehensive public protection package including proposals to protect our most vulnerable populations from sexual predators and other criminals; suppress the rise of gang violence and gang-related crimes; and prevent, prepare for, identify, and respond to threats and acts of terrorism. Moreover, Jim Conte is working to ensure that law enforcement officials are provided with the additional tools they need to do their jobs safely and to the best of their abilities.

“Zero Tolerance” for Sex Crimes:

As of December 3, 2007 there were 6,455 high-risk Level 3 sex offenders in our communities. Some counties have passed residency restrictions to keep these dangerous criminals away from families while others have expressed concern that these laws merely encourage sex offenders to move to neighboring areas. While the intent of these local laws is laudable, it is unclear how effective these laws have been in preventing sex crimes committed against children.

What is clear is that a comprehensive strategy must be implemented to better address the confinement and control of sexual predators throughout all stages of the criminal justice process. New York State must toughen its laws to keep these criminals off our streets and away from our children.

Sex Offenders - Post-Release

In order to protect our communities from known sex offenders, Assemblyman Jim Conte supports the following initiatives:

• Require lifetime parole supervision for violent felony sex offenders and prohibit good behavior allowances (early release from prison) for these offenders;
  
• Establish guidelines regarding the placement, location, relocation or settlement of high-risk registered sex offenders in our communities for the purpose of minimizing the number of sex offenders placed within a residential area or an area that already contains a high concentration of sex offenders; and
  
• Require all sex offenders assigned a Level 3 risk or designated as sexual predators, sexually violent offenders, or predicate sex offenders, to be placed on active electronic monitoring.

Megan’s Law

Megan’s Law requires sex offenders to register with the state and have their identifying information added to the Sex Offender Registry. Law enforcement is then authorized to release this information to vulnerable populations. To improve the effectiveness of Megan’s Law, Assemblyman Jim Conte supports legislation that would:

• Remove the affirmative defense that allows offenders who do not return the required annual address verification form to escape punishment if they can prove they have not moved;
  
• Create a Class E felony for submitting fraudulent information regarding identity or residence for registration or verification purposes;
  
• Require, rather than permit, law enforcement to disseminate information on Level 2 and 3 sex offenders to vulnerable populations;
  
• Allow visitors to the state sex offender website to register for e-mail notification when sex offenders move to their zip codes;
  
• Authorize law enforcement to release a Level 2 sex offender’s exact address and address of that offender’s place of employment to vulnerable populations;
  
• Prohibit the employment of registered sex offenders in any position involving direct contact with children, while also requiring employers and volunteer organizations to conduct criminal background checks of childcare employees and volunteers;
  
• Increase penalties for subsequent convictions of public lewdness and make public lewdness a registerable offense unless the court finds that registration would be unduly harsh or inappropriate; and
  
• Require the Commissioner of Motor Vehicles to continue to provide an updated list of Level 3 sex offenders, including name, aliases, photographs and other background information so that it is readily available to officers in patrol cars.

Cyber Predators

Sadly, the anonymity of cyberspace has created the perfect medium for committing predatory sex crimes against our children, giving sexual predators increased opportunity to target victims with relative ease. Assemblyman Jim Conte recognizes that laws must continually be created or amended to keep pace with pedophiles and child porn addicts who use the Internet to prey on our children.

In 2007, Jim Conte pushed to close a legal loophole by amending the definition of Disseminating Indecent Material to Minors in the First Degree to include sexually explicit propositions to minors over the Internet consisting of words, regardless of whether the message includes pictures. With Jim’s persistence, legislation was passed by the Legislature to finally close this disturbing loophole and prevent sexual predators from evading prosecution due to a technicality in the law. To continue responding to this changing environment, Assemblyman Jim Conte supports the enactment of laws that:

• Create the offense of “Computer Sex Crime” where the punishment for committing this offense is one felony class higher than for the underlying “sex crime against a child;”
  
• Create the crime of Attempting to Lure or Entice a Minor by computer or into a vehicle or other structure;
  
• Require registered sex offenders to supply all Internet account information (e.g., ISP, e-mail address, user names) to the Division of Criminal Justice Services and provide a felony penalty for failure to do so;
  
• Require employers and information technology employees to report any computer image which depicts child pornography or exploitation to the state police within 24 hours of discovery; and
  
• Urge the federal government to strengthen the child pornography reporting and monitoring requirements for Internet Service Providers (ISPs) by requiring ISPs to monitor and report suspected attempts by sexual predators to solicit sex from minors. We also recommend that these requirements be placed on social networking sites and other web site operators, owners and hosts.

Crime in our Communities:

One of Assemblyman Jim Conte’s top priorities is to ensure that all citizens are safe, regardless of where they reside on Long Island. That’s why Jim Conte supports the following anti-crime measures:

Crimes Against the Elderly or Disabled - Expands the crime of Endangering the Welfare of a Vulnerable Elderly Person to include acts committed by persons other than caregivers or against any person over the age of 70, and provide that specified crimes would be deemed to be one category higher when the defendant targets a victim because they believe the victim to be elderly or disabled, whether or not that belief is correct.

Animal Fighting/Buster’s Law - Increases the penalties for promoting animal fights or paying to attend or betting on an animal fight. This proposal also increases penalties for Aggravated Cruelty to Animals (Buster’s Law) and requires those convicted to undergo psychological evaluations and treatment.

Criminal Street Gang Abatement Act of 2008 - Provides a clear definition of criminal street gang and criminal street gang activity; enhances penalties for gang-related crimes; criminalizes gang recruitment; expands successful prevention and intervention programs; authorizes the use of roving wiretaps; revises the state accomplice corroboration requirement; establishes a state witness protection program; and creates a statewide gang database.

Homeland Security and Anti-Terrorism Measures:

In the Post 9/11 world, our country is on constant alert to the dangers that exist. Our eyes have been opened to threats that were hardly conceivable to most people ten years ago. While many people think that terrorism is purely a national and international issue that should be handled on the federal level, there are several steps that must be taken at the state level to ensure that New Yorkers are safe from terrorists.

In late 2007, Governor Spitzer proposed issuing driver’s licenses to illegal aliens by unilaterally eliminating the requirement that applicants provide a valid social security number or proof of ineligibility for such a number from the U.S. Department of Homeland Security. Assemblyman Jim Conte was at the helm of the massive opposition to this ill-conceived plan. Allowing illegal aliens to obtain driver’s licenses would have exposed New Yorkers to the danger of terrorists obtaining identification documents that could be used to conceal their illegal presence from law enforcement and security. Moreover, the plan would have made it easier for those who wanted to attack us to board aircraft and enter government buildings.

Under intense pressure from Assemblyman Jim Conte, the people of the State of New York, an overwhelming number of Americans, experts, and politicians of all stripes, Governor Spitzer finally relented, and abandoned his policy.

Requires SSN to Obtain a NYS Driver’s License - To ensure Governor Spitzer’s driver’s license plan cannot be resurrected, Assemblyman Jim Conte supports legislation to clarify the law by mandating that the commissioner of motor vehicles require applicants for driver’s licenses to provide a valid Social Security number or proof of ineligibility.

Reporting Convictions of Illegal Aliens - Requires post-conviction notification to the federal government by district attorneys following conviction of a non-citizen of a felony, to allow the federal government to consider deportation or removal of that non-citizen, and specifying that these individuals can be required to serve their sentences prior to being turned over for deportation.

Terrorism Prevention Act - Creates the State Emergency Health Powers Act and specifies the state’s duties and powers to gather data and to ascertain and meet threats to the public health (i.e. bioterrorism). Promotes public safety and strengthens existing law by facilitating investigations and prosecutions of terrorism and other crimes through numerous procedural reforms (i.e. roving wiretaps) and enhances the ability to identify, prepare for and respond to terrorism by increasing penalties and extending additional protections to the public (i.e. offenses related to agricultural adulteration and
cyber-terrorism).

Border Security – Jim Conte urges the federal government to continue to secure our nation’s borders. Assemblyman Conte recommends increasing federal law enforcement presence along the northern border or providing New York state with sufficient funds to use state resources to augment the limited personnel and resources U.S. Customs and Border Protection has allocated to the New York-Canadian border. Moreover, our ports of entry for cargo should be secured by increasing foreign port scanning of cargo for nuclear and radiological threats, and searching cargo for other national security hazards once Customs and Border Protection completes its radiation scanning equipment deployments.

Underground Infrastructure Protection - Creates a pilot program which grants tax credits of up to $650 per device to utilities and other private businesses for the cost of installing locking manhole covers/manhole gates over areas accessing highly critical infrastructure in New York City.

Commitment to Emergency Service Volunteers:

Emergency service volunteers exemplify what is best about our great state and nation – the noble concept of neighbors helping neighbors. These brave and caring local heroes often put their lives on the line to protect us when an emergency arises. Assemblyman Jim Conte believes the state should take the necessary steps to support our volunteer first responders, and encourage other New Yorkers to heed the call of volunteer service. This is why he supports the following measure:

Personal Income Tax Credit - Provides a $500 annual income tax credit for volunteer firefighters and ambulance workers. A $200 income tax credit was provided for volunteer firefighters and ambulance workers in the 2006-07 State Budget, however, this proposal would increase the credit by $300.