District Attorneys Association of the State of New York
S7705 (Hassell-Thompson) - The Child Protection Act of 2010 will fix deficiencies in our laws that prevent us from taking adequate action as soon as abuse of a child begins. We owe it to our children to strengthen the laws and to offer them better protection before the abuse turns fatal.
A8601-A / S46-A (Weisenberg / Fuschillo) - Jack Shea's Law will assist in the proper prosecution of drunk drivers.
DAASNY is a member of the New York State Law Enforcement Council, a group formed in 1982 as a legislative advocate for New York's law enforcement community. The Council's members represent the leading law enforcement professionals throughout the State, including the Attorney General of the State of New York, the District Attorneys Association of the State of New York, the New York State Association of Chiefs of Police, the New York State Sheriffs' Association, the New York City Criminal Justice Coordinator, and the Citizens Crime Commission of New York City. Since its inception, the Council has been an active voice and participant in improving the quality of justice and in the continuing effort to provide for a safer New York.
Microstamping is an inexpensive tool that will help law enforcement solve and deter gun crimes. By etching a code onto the firing pin and barrel of a semi-automatic pistol, microstamping provides an easy-to-follow trail back to the purchaser of the weapon. The Law Enforcement Council supports the requirement that all semi-automatic pistols manufactured by, or delivered to, any licensed firearms dealer in New York State be capable of microstamping. The 2010 microstamping chapter (.pdf).
When children are harmed, their parents and caregivers are the ones they turn to for help and protection. If parents and caregivers are causing the harm, children become powerless. The Law Enforcement Council supports creating the crime of Aggravated Endangering the Welfare of a Child --providing higher penalties for caregivers who commit sadistic forms of abuse such as locking children in a closet with their wrists tied or forcing them to spend the night outside in the extreme cold wearing only undergarments --to recognize the egregious nature of these crimes and punish offenders accordingly. In addition, the crime will create a felony for caretakers who commit endangering and have been previously convicted of one or more crimes against a child. The 2010 felony child endangerment chapter (.pdf).
In 2008, the New York State Legislature passed a set of measures designed to provide consumer
protection for New Yorkers targeted by identity thieves. The Law Enforcement Council now
asks the Legislature to enact laws that will help deter -- and effectively prosecute -- identity
thieves. Some of the enhancements to the identity theft laws include:
• Enhancing penalties for Identity Theft and Unlawful Possession of Personal Identification
Information by creating B and C felonies for these crimes based on the dollar-value of the
theft/fraud and the number of victims affected.
• Expanding jurisdiction for crimes committed in connection with identity theft, such as
Grand Larceny, Forgery, Criminal Possession of a Forged Instrument, and Criminal
Possession of Stolen Property.
• Including Identity Theft and Unlawful Possession of Personal Identification Information
as predicate crimes for Enterprise Corruption prosecutions.
The 2010 Identity Theft chapter (.pdf).
DNA is the modern-day fingerprint; crimes are solved by matching DNA recovered at a crime scene to DNA taken from a known individual. Yet while fingerprints are taken from all suspects on arrest, DNA can only be collected for a specific subset of crimes -- and not until after conviction. Expanding the DNA database to include DNA samples from suspects of all crimes at the time of arrest serves two critical purposes. First, it helps pinpoint suspects, reducing false leads and saving critical, limited resources. Second, it helps eliminate mistaken identification and speeds the exoneration of wrongfully convicted individuals. The 2010 DNA Expansion chapter (.pdf).
Gangs are inextricably linked to guns, drugs, and violent crime. Gang activity has moved beyond the borders of New York City and is plaguing many upstate communtities. Law enforcement needs better tools to prevent and prosecute gang violence. The Law Enforcement Council supports creating a legal definition of "gang"; creating higher penalties for crimes committed in furtherance of gang activities; creating higher penalties for witness intimidation; and creating a felony-level crime for repeat misdemeanants. The 2010 Gangs chapter (.pdf).
Police officers knowingly put themselves in physical danger every day. And when suspects intentionally disobey the lawful commands of an officer or subject officers to unwanted physical contact, there are often serious ramifications to officers and bystanders. Yet, in those situations prosecutors may not have the appropriate laws needed to prosecute offenders. The Law Enforcement Council supports penalties for individuals who fail to heed or obey a police officer’s lawful command; subject police officers to unwanted physical contact while they are performing their official duties; or attempt, while driving, to elude a police officer’s order to pull over and comply. The 2010 Police Protection chapter (.pdf).