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NY proposes GPS monitors for anyone with a protective order against them

May 7th, 2008 · 3 Comments

New York State Senator Andrew J. Lanza, R, District 24 (Staten Island), has introduced Senate Bill S4796, which, if passed into law, would require that anyone who has had an order of protection issued against them must wear at all times a GPS monitoring/tracking device.  Further, tampering with and/or disabeling the device would constitute a Class E Felony.  “Justification” for the measure is the puported “need to put more teeth into orders of protection in order for them to mean more than just a piece of paper”.

New York State Assemblyman Felix Ortiz, D, District 51 (Kings County/Brooklyn) has introduced a “same as” bill in the Assemby, A5424.

Each bill proposal is currently in the Codes Committee of its respective chamber.  Both are said to have broad bi-partisan support in each house of the Legislature.

This legislative insanity should send ice water surging through the veins of anyone who has ever had the dubious pleasure of having experienced the Kafkaesque world of the restraining order.  Simply put, it means that anyone - whether guilty … or totally innocent - accused of domestic abuse will be put under police surveillance 24/7 via an electronic monitoring/tracking device, with no due process, no, trial, no recourse, and no remedial and/or statutory protections.

These bills are co/multi-sponsored by:

Senators John J. Flanagan, Charles J. Fuschillo, Jr., Joseph A. Griffo, Kemp Hannon, William J. Larkin, Jr., Elizabeth O’C. Little, Serphin R. Maltese, George D. Maziarz, Frank Padavan, Dale M. Volker, Catherine M. Young

Assembly Members Lou Tobacco, Ginny Fields, Ellen Young, David Koons, Sandra Galef, Michelle Schimel, Dennis H. Gabryszak, Alan Maisel, Steve Englebright, Ivan C. LaFayette, Janele Hyer-Spencer, Nettie Mayersohn, David G. McDonough, Annette, Robinson, Robert K. Sweeney, Harvey Weisenberg

Senator Lanza can be reached at:

Legislative Office Bldg., Rm. 947
Albany, N.Y. 12247
(518) 455-3215
FAX (518) 426-6852

3845 Richond Ave., Ste. 2A
Staten Islan, N.Y. 10312
(718) 984-4073
FAX (718) 984-4455

Assemblyman Ortiz can be reached at:

Legislative Office Bldg., Rm. 627
Albany, New York 12248
(518) 455-3821
FAX (518) 455-3828

404 55th St.
Brooklyn, N.Y. 11220
(718) 492-6334
FAX (718) 492-6435

ortizf@assembly.state.ny.us

Legislative Leaders are:

Hon. Joseph L. Bruno
Majority Leader, New York State Senate
Legislative Office Bldg., Rm. 909
Albany, N.Y. 12247
(518) 455-3191
FAX (518) 455-2448

bruno@senate.state.ny.us

Hon. Malcolm Smith
Minority Leader
Legislative Office Bldg., Rm. 907
Albany, N.Y. 12247
(518) 455-2701
FAX (518) 455-2816

masmith@senate.state.ny.us

Hon. Sheldon Silver
Speaker, New York State Assembly
Legislative Office Bldg., Rm. 932
Albany, N.Y. 12248
(518) 455-3791
FAX (518) 455-5459/4502

speaker@assembly.state.ny.us

Hon. James N. Tedisco
Minority Leader, New York State Assembly
Legislative Office Bldg., Rm. 933
Albany, N.Y. 12248
(518) 455-3751
FAX (518) 455-3750

tediscj@assembly.state.ny.us

NO ONE SHOULD HAVE TO ASK WHAT HIS/HER NEXT STEP NEEDS TO BE, NOW …, AND REMEMBER, NEXT NOVEMBER IS ELECTION TIME, AGAIN.  IT WON”T SIMPLY BE A NEW PRESIDENT THAT WE”LL BE ELECTING …, OR REJECTING.  WE’LL ALSO BE VOTING FOR THOSE WE WISH TO HAVE REPRESENTING OUR INTERESTS IN THE NEW YORK STATE LEGISLATURE, AS WELL!!!

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Tags: Courts and Legislatures · Domestic Violence · News

3 responses so far ↓

  • 1 Bud // May 7, 2008 at 4:25 pm

    Greetings,

    Christmas eve 1989 I was pursued stopped and questioned for over an hour by three police cursors
    and six officers with my two kids in the car while attempting to exercise my legal visitation on trumped up charges of supposed kidnapping and spousal abuse. This was after I had intensionally written a Judge familiar with this case and had not two weeks earlier made repeated trips to the local police station and had a complete probation background check and even was interviewed by the Police chief.

    I promptly filed a contempt for visitation which was ignored and at that time was paid up in advance on Custodial compensation. To make a long story short I was given a restraining order which I complied with.

    It was ten years before I would see the kids again. This was even after unbeknown to me that one of them had been taken away from their mother and put into foster care for child abuse. At the time I was room mating with a retired police officer.

    Given my background of being the oldest of 8, Eagle Scout - President on local and county levels, President of two other organizations, set president of father’s rights in Ma for relieving their kids, several special effort awards for work with kids, been Santa to several Hundred kids, taught; skiing, computer graphics and active in the youth Hunters association I can assure you that all this was difficult to take. This incident was not isolated expending thousands and thousands of dollars in legal fees over several years and more than one restraining order.

    The point being is that I was witnessed this total lack of due process, obnoxious obstructionism, and outright perjury by both my X and court civil servants. The result of restraining orders being rubber stamped. Additionally, I have seen this in VT, ME, WA, RI and NY where I participated or associated with those experience similar actions and consequences being part of a support group which by the way was about 50/50 men and women.

    As reported early, I recall a figure of 65,000 cases a year in MA 3/4 of which are false.

    Given that these Legislator’s take an oath to defend the Constitution, I have to assume they are either ignorant or incompetently committing fraud.

    Fortunately I do not live in NY and my children have been so alienated by their mother and the courts.

    Bud

  • 2 Merck // May 7, 2008 at 6:36 pm

    —“Both are said to have broad bi-partisan support in each house of the Legislature.”

    I bet they do have “broad bi-partisan support”.

    I bet a majority of the population supports this measure, just the same as a majority of the population in 19th century America supported measures to insure that slaves were kept in their place by whatever means were available at that time.

    It may take another hundred years, or longer, to clean up this mess, especially when so few people are willing to buck the trend. If we just go along with the program, and blame this on the ignorance or incompetence of our judges and elected officials, be prepared to deal with this for the rest of your life.

    The truth is these people are not incompetent. They know *exactly* what they are doing.

    The worst part is that the next generation may have it much worse than us simply because people of our generation were not willing to make the necessary sacrifices.

    Once all of these oppressive measures become law, they will be much harder to rectify.

  • 3 MAY1208 // May 10, 2008 at 10:28 pm

    we have a war on our own shores that is unaddressed by those who are meant to serve and protect, a global problem too.

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