WPCNR POLICE GAZETTE. From the Law Enforcement Council. March 23, 2009: The New York State Law Enforcement Council (LEC) unveiled its legislative agenda for 2009.
The legislative priorities are 1) requiring that all new semi-automatic weapons be equipped with microstamping technology, 2) providing stricter penalties for identity thieves, 3) expanding the DNA database 4) enhancing protections for police officers, and 5) creating a felony for serious repeat misdemeanants.
The Law Enforcement Council is mindful of the budgetary constraints that the state is operating within and has developed these legislative priorities accordingly. “The legislative proposals provide ways to safeguard our citizens without expending substantial resources,” said Robert Morgenthau, District Attorney for New York County and counsel to the Law Enforcement Council.
Microstamping
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.
Identity Theft
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:
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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.
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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.
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Including Identity Theft and Unlawful Possession of Personal Identification Information as predicate crimes for Enterprise Corruption prosecutions.
DNA Database
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.
Police Protection
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.
Repeat Misdemeanants
Career criminals know how to work the system. And repeat misdemeanants -- people with 20, 60, or more than 100 misdemeanors on their rap sheets -- know exactly how much money they can steal, illicit substances they can possess, or other crimes they can commit before their crimes rise to the level of a felony. Misdemeanors are only punishable by up to one year, but more likely only a matter of days, in local jails. There is no commensurate increase in punishment for numerous successive misdemeanors, as there is with predicate felons. The Law Enforcement Council recommends that serious repeat misdemeanants be subject to a felony charge to close the revolving door of justice.
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