A8805C

The Senate took up A8805C, a budget bill to amend the Penal Law, which was substituted for the identical S8305C. A message of necessity was accepted by voice vote. However, Sen. Lanza moved to lay the bill aside before a vote could be taken, and the motion was granted. The bill remains pending.

The New York State Senate passed its public protection budget bill (A8805C) on a 44-15 vote Thursday, advancing criminal justice provisions that both supporters and critics said represent only incremental progress on public safety. The bill creates a new Class E felony for assault on retail workers and expands the hate crimes statute to include 23 additional offenses, but excludes eight crimes proposed by the Governor, including endangering the welfare of a child and labor trafficking. The measure also authorizes closure of up to five state prisons with 90 days' notice and diverts $1.5 million annually from the Emergency Services Revolving Loan Fund. Republicans criticized the bill for not going far enough, particularly on bail reform—New York remains the only state that does not allow judges to consider a defendant's dangerousness when setting bail. They also objected to the exclusion of certain hate crimes and the lack of jail time for illegal cannabis sales. Democrats defended the provisions as a practical balance, with Sen. Mayer arguing the assault crime and aggregated larceny charges give police and prosecutors needed tools without mass incarceration. A three-part amendment addressing the death penalty for cop killers, immigration enforcement, and prison closure notice periods was ruled nongermane and defeated on appeal. The bill passed with support from both sides but significant dissatisfaction from Republicans who said it fails to adequately address retail theft, hate crimes, and bail reform.