Community News

In Aftermath of NYC Tragedy & as State Budget Negotiations Linger, Republicans Tell Hochul to Fix NY's Broken Criminal Justice Laws.

Assembly Minority Leader Will Barclay (R,C-Pulaski) and his colleagues in the Minority Conference were joined by representatives of the law enforcement community Thursday to tell Gov. Hochul and legislative leaders the 2024-25 Enacted Budget must include measures to protect New Yorkers, support the men and women of law enforcement and reverse policies that have weakened the criminal justice system. 

The call from Republicans comes in the wake of last week's fatal shooting of NYPD Officer Jonathan Diller, who was killed during a routine traffic stop. The suspect charged with first-degree murder, Guy Rivera, has a long criminal history with 21 arrests, including nine felonies. The driver of the vehicle, Lindy Jones, who was also arrested in the incident, has 14 prior arrests, including one for attempted murder in which he was charged with shooting a man three times.  

"Public safety needs to be in the final state budget. It's that simple," Leader Barclay said. "Albany's three Dems in a room might be in the 'middle of the middle' of closed-door budget talks, but police officers and innocent civilians are in the middle of a crime crisis. The endless drumbeat of pro-criminal priorities from liberal Democrats has taken up too much time and attention here. The budget is already late. A final agreement is still nowhere in sight. It's time to get something done and deliver common-sense protections to restore law and order in New York." 

Assembly Republicans have offered a number of proposals to fight crime, improve the level of public safety and restore criminal accountability to those who commit violent acts. 

• Remanding for Illegal Firearm - Provides for automatic remand of persons charged with an offense involving the use or possession of an illegal firearm (McGowan).
   
• Imposes Dangerousness Standard - Eliminates the defendant's return to court as the sole factor for a judge to consider when determining pre-trial release by directing the court to also consider the safety of any person or the community when selecting a securing order. Requires the court to make an individualized determination as to whether the principal poses a risk or threat of physical danger to the safety of any person or the community and an individualized determination as to whether they pose a risk of flight to avoid prosecution (Reilly).
   
• Mandatory Life Without Parole - Makes life imprisonment without parole (LWOP) mandatory for defendants convicted of Murder in the First Degree or Second Degree if the victim is a police officer, specified peace officer, first responder or correctional officer (A.7472, Angelino/S. 408, Gallivan). 
   
• Reinstates the Death Penalty in New York state and makes it an available sentence for those convicted of Murder in the First Degree for the intentional killing of police officers, specified peace officers and first responders among others. Mandates LWOP for cop killers not sentenced to death (A3906, Barclay/S.1271, Ortt).
   
• Parole Reform - Requires a unanimous vote of at least three parole board commissioners to grant a prisoner early release. Also allows a majority vote of the Legislature to remove a commissioner from the parole board (A.5225, Barclay/S.1412, Ortt).
   
• Three Strikes You're In - Authorizes the imposition of life imprisonment without parole for persistent violent felony offenders upon conviction of a violent felony offense when such person has previously been subjected to two or more predicate violent felony convictions (A.5557, Brabenec /S.103, Tedisco). 
   
• Makes All Gun Crimes Qualifying Offenses - Adds any misdemeanor and felony offense involving the possession, display or discharge of a firearm, rifle, shotgun, machine gun or disguised gun to the list of "qualifying offenses" that authorize a judge to fix bail or remand a defendant to the custody of the sheriff (A.1503, Barclay).
   
• Hate Crimes Against First Responders - Designates offenses against law enforcement, emergency medical services personnel and/or firefighters as hate crimes, thereby increasing the penalty for the offense (A.3417, DeStefano/S.6091, Murray).

"The senseless murder of NYPD Detective Officer Diller serves as a reminder that the backward laws that come out of Albany have real consequences," said Assemblyman Michael Durso (R-Massapequa Park). "Let us honor Officer Diller and his family by passing meaningful legislation that prioritizes public safety and gives law enforcement the tools to keep them, and us, safe."

"The surge in crime plaguing New York directly stems from our state's soft-on-crime policies. The legislation proposed today promises to reverse this alarming trend that will undoubtedly destroy New York if no action is taken. The murder of Officer Jonathan Diller was preventable, that's the truth of it. The safety of our families, friends and even protectors is being sidelined in favor of catering to criminals—an unacceptable reality. No resident should fear for their safety when stepping outside, uncertain if they'll return unharmed. We can put an end to the senseless violence with these practical proposals on public safety," said Assemblyman Ed Ra (R-Franklin Square).

"The failure to enact stringent laws that hold criminals accountable not only undermines the safety of New Yorkers but also compromises the security of those who serve to protect us. The legislation presented today aims to rectify this by prioritizing the needs of law-abiding citizens over the rights of offenders. The tragic loss of Officer Diller, along with numerous other law enforcement officials and civilians, is a stark reminder of the consequences of lenient crime policies. In any other realm, repeated mistakes lead to expulsion—why should career criminals be exempt from such consequences? It's time to put an end to unlimited chances to those who repeatedly flout the law. The safety of New Yorkers depends on it," said Assemblyman Joe DeStefano (R,C-Medford). 

Assemblyman Karl Brabenec (R,C-Deerpark) said, "New Yorkers have had to put up with dangerousness and loose rulings around criminal activity for long enough. It's time this state takes accountability for the failings of bail reform and the numerous other lax criminal policies and makes a change for the better. I sincerely hope my colleagues consider my bill, which would allow a sentence of life imprisonment for frequent repeat offenders and consider those of my other colleagues whose bills are in this package. We deserve a safer, more secure New York to call home." 

"After a decade of demonizing law enforcement officers, coupled with the Majority party's tolerance of criminals, it is no surprise public safety is on a back burner for this year's legislative priorities. No one is held accountable for their criminal behavior and crime victims, both individuals and businesses, are sick of it. I support changes to bail reform, raise the age and evidence discovery laws that were put in place and have proven they do not make anyone in New York safer," said Assemblyman Joe Angelino (R,C-Norwich).

"As someone who has worn the NYPD uniform, it is with a heavy heart that I have lost several friends and colleagues in the line of duty over the years. Once again, New Yorkers must join in mourning the loss of one of our heroes in blue, Officer Jonathan Diller, who was a loving son, father and husband. I have to ask–what will it take for the governor and Albany Democrats to do something? The criminal who murdered Officer Diller had no business being on the streets with 21 prior arrests and the two prior convictions for a shooting, selling drugs and assaulting correction officers, and yet he was still walking our streets. Like many New Yorkers, I've had enough. It's time for action! We cannot allow our streets to be overrun by criminals who chronically prey on our communities and pose a threat to the brave men and women who protect us. The loss of Officer Diller is a stark reminder of the urgent need for comprehensive reforms in our justice system," said Assemblyman Mike Reilly (R,C- Staten Island).