Numerous protections approved in Albany
Legislation newly approved by the New York Assembly focuses on such things as free speech, juvenile interrogations, the definition of rape, protection of immigrants, and the payment of traffic fines and fees.
The passage of each was announced on the Assembly website by Speaker Carl Heastie.
Some of the approved bills are as follows.
• Traffic fees and fines: This legislation would enable New Yorkers to make installment payments for many traffic-related fines and fees, “helping to ensure they do not lose their driving privileges because they are not able to pay a traffic-related fine or fee,” said Heastie, D-Bronx.
“For many New Yorkers, especially those in rural areas, with limited public transportation op
tions, the ability to get to and from work is dependent on the ability to drive,” Heastie added. “When an individual is unable to get to work, it is more than an inconvenience to the driver; it hurts families, communities and employers.”
Under the legislation, a court would no longer be able to suspend an individual’s driver’s license for failure to pay a penalty imposed following a conviction for certain traffic violations or for failure to appear in court for the matter.
New York state regularly suspends people’s driving privileges for nonpayment of traffic-related fines or
fees. Between January 2016 and April 2018, according to the Assembly, New York issued 1,686,175 driver’s license suspensions related to traffic debt.
• Free speech: The state Assembly and Senate passed legislation that offers legal protection to any individual or entity sued for exercising their right to free speech.
The Assembly said in a press release that a “Strategic Lawsuit Against Public Participation,” or SLAPP suit, is a tactic often employed by powerful interests to silence free speech and public participation in the democratic process.
“New Yorkers’ voices must not be silenced by powerful interests and the super-wealthy,” Senate Majority Leader Stewart-Cousins
said in a prepared statement. “SLAPP lawsuits that are employed to discourage free speech threaten our democracy and work against the people of New York.”
An Assembly press release said a “broken system has led to journalists, consumer advocates, survivors of sexual abuse and others being dragged through the courts on retaliatory legal challenges solely intended to silence them.”
Under the newly approved legislation, if a defendant’s speech or activity falls under the protection of the statute, judges will have the ability to dispose of any claims quickly.
• Juvenile interrogation: The Assembly has passed a bill to require video recordings of all interrogations of juveniles in Family Court
matters.
“The Assembly [Democratic] majority has fought to ensure that when our youth end up in our juvenile justice system, they are treated as children, not adults,” Heastie said. “We must protect their future, and that includes ensuring that they are treated justly.”
In addition to preventing false confessions, recording juvenile confessions will provide an objective basis for Family Court to “evaluate the validity of a juveniles’ waivers of rights as well as the substance of the statements themselves,” the Assembly said in a press statement.
• Rape: The bill expands the state’s rape statutes, helping survivors seek justice and appropriate recognition for their trauma, according
to the Assembly.
“This legislation will allow rape survivors to seek justice and hold abusers accountable for their crimes,” Heastie said. “The Assembly majority will continue working so our criminal justice system works to empower and support survivors of rape and sexual assault, and everyone seeking justice.”
The bill removes any penetration requirement in the state’s rape statutes, and includes oral and anal sex in the definition of rape. Under current law, oral and anal sex are classified as ‘criminal sexual acts” rather than rape.
• “Protect Our Courts”: The Protect Our Courts Act provides that all members of the community are able to participate in the
justice system without fear of immigration-related civil arrests while going to or returning from a court proceeding, according to the Assembly.
“As the federal government continues its attacks on immigrants throughout the country … this bill will ensure that all New Yorkers, regardless of their immigration status, are able to participate in our justice system without fear of arrest or deportation,” Heastie said.
The bill, according to the Assembly, prohibits immigration-related courthouse arrests; promotes public safety; and ensures all New Yorkers have access to the justice system and can attend court without fear of immigration-related consequences.