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ASSEMBLYMAN FINCH JOINS COLLEAGUES IN DEMANDING ACTION ON SEXUAL ASSAULT LEGISLATION
Republicans say bills to protect women and children from predators lingers in Assembly

     Assemblyman Gary Finch (R,C-Springport) today joined his colleagues, local district attorneys and child protection advocates in demanding action from Speaker Silver regarding numerous bills aimed at protecting our families from violent sexual predators. Finch and his colleagues are demanding that Silver allow the legislation to receive a fair vote on the Assembly floor before the close of the 2006 legislative session.

     The bills deal with increasing prison sentences for rapists and child molesters and giving prosecutors more tools to protect our families from violent sex predators. All of the bills, except “Jessica’s Law,” which was introduced this month, have repeatedly passed the state Senate with bi-partisan support, but have been blocked in the state Assembly.

     “My colleagues and I are asking the Speaker to simply allow these pieces of legislation to the floor so they can be voted on,” said Finch. “While he remains idle on these issues, innocent lives are being negatively affected as they become the victim of a violent sexual crime. There are only 13 legislative days left in this year’s session and we must act in the coming days on these issues. Simply put, we cannot wait any longer and rest on laws that are not tough enough on sex crimes.”

     Finch and his colleagues in the Assembly Republican Conference are demanding action on the following measures:

     Civil Confinement - First introduced by Assembly Republicans in 1993 and passed nine times by the Senate, the bill would allow for the civil confinement of certain sexually violent predators determined by psychiatrists, a court finding and a unanimous jury to have a mental abnormality and likely to re-offend. Democrats finally introduced their own bill this year but it is considered a watered-down measure that makes it nearly impossible for an offender to be civilly confined. Under their bill, a sexually violent predator, after two jury verdicts, can still be released back into the community. The issue is currently in conference committee between both houses and they have yet to come up with a compromise.

     DNA Expansion - Passed repeatedly in the Senate and bottled-up in the Assembly Codes Committee since the late 1990s, the bill would expand the highly successful DNA database by requiring ALL convicted criminals to submit a DNA sample.

     Jessica’s Law - Introduced in the Senate on May 2nd of this year and modeled after Florida law, this bill would require a minimum 25-year prison sentence for first-time child rapists and significantly increase prison sentences for other predatory sex offenses.

     Statute of Limitations Reform - Passed repeatedly in the Senate but blocked in the Assembly, this bill would eliminate the criminal statute of limitations for all class B violent felonies and extend the statute of limitations for sex crimes against children. Democrats finally passed a similar bill this year but included a civil statute of limitations which many consider a “poison pill.” Republicans say the two bills should be taken up separately.

     Reform Incest Law - Passed unanimously in the state Senate this year, this bill would create the crime of incest in the first, second and third degrees. Currently, prosecutors may elect to pursue a class E non-violent felony if the rape victim is a relative. This bill actually is sponsored in the Assembly by the Chairman of the Codes Committee, Assemblyman Lentol, but still it remains blocked.

     “My colleagues and I are prepared to offer this legislation as amendments in the coming weeks if Speaker Silver continues to block these important measures,” said Finch. “I receive inquiries from constituents regularly asking for civil confinement and tougher penalties for sex crimes. The Senate has passed this legislation numerous times and civil confinement has existed in the Assembly since 1993 yet Speaker Silver continues to bottle these bills up so they cannot be voted on. I am confident that these bills would pass the Legislature if we are able to vote on them. There is no reason why we shouldn’t, and truthfully, it is our obligation as members of the Assembly to protect the citizens we represent. Passing this legislation is a great stride toward offering a greater deal of protection from sexual predators for our constituents.”

                                                                                                     -30-                                                                      5.22.06