(FLORIDA, NY) - Assemblyman Karl Brabenec (R,C,I, REF - Deerpark) introduced legislation today which would repeal all enacted sections of the criminal justice reform package that was passed earlier this year during the budget process. Most members of the Assembly Minority Conference have joined Brabenec in sponsoring the legislation.

Effective January 1, 2020, defendants that are charged with many Class E felony offenses, like residential burglary, almost all drug sales and possession, some homicides, assaults resulting from drunk driving collisions, many weapons offenses, grand larceny, bribery involving public officials, and many charges involving child pornography, will all be released from custody without consideration of bail.

“It is a total slap in the face to all law-abiding New Yorkers that felons will now be given priority over victims and the scales of justice have taken a nosedive toward leniency,” Brabenec said. “These misguided and dangerous reforms were lumped into the budget and passed in the middle of the night with little to no input from district attorneys, law enforcement officials and the courts. It turns our criminal justice system on its head and softens punishment so much that serial criminals will now be incentivized to reoffend.”

“The pro-criminal policies being celebrated by New York liberals put us all in danger. Their misguided ‘reforms’ let prisoners out of jail early, removes authority from judges and prosecutors, and places massive burdens on our court system. These were ill-conceived, misguided measures, passed in the dark of night without any consideration for the real-world negative impacts,” said Assembly Minority Leader Brian M. Kolb (R,C – Canandaigua).

In addition, the new automatic discovery requirements will cost taxpayers millions of dollars and will make prosecutors perform discovery obligations no later than 15 days after the defendant's arraignment. Automatic discovery means all items and information that relate to the subject matter of the case and are in the possession, custody, or control of the prosecution must be given to the defendant and their legal team. In some cases, defendants will be allowed to reenter crime scenes mere days after the alleged crime has taken place, opening the door for victim intimidation and witness tampering.

“Thanks to radical politicians in New York who resent the very notion of law and order, pedophiles, drug dealers, burglars and arsonists will be released from custody with a simple slap on the wrist after being arrested,” Brabenec continued. “If someone is willing to commit such a serious crime, what makes anyone think they will follow the law further and appear for court? Leniency for suspected criminals, prison inmates and illegals is reprehensible and New York Majority politicians blanket attempt to swing the scale of justice should be troubling for everyone.”

Brabenec is also asking for the leadership of both legislative houses or Gov. Cuomo to call a special session of the legislature so this bill can be debated and voted on before the reforms take effect January 1, 2020.

Sen. James Tedisco (R,C,I, REF - Glenville) and Assemblywoman Mary Beth Walsh (R,C,I - Ballston) presented a bill today calling for a moratorium on the proposed criminal justice reforms.

A list of offenses for which a defendant must be released from custody, without bail, after January 1, 2020, was provided by Orange County District Attorney David Hoovler.

The list includes:

Burglary in the second degree (residential burglary)
Burglary in the third degree
Robbery in the second degree (aided by another person)
Robbery in the third degree
Manslaughter in the second degree
Criminally negligent homicide
Aggravated vehicular homicide
Vehicular manslaughter in the first and second degrees
Assault in the third degree
Aggravated vehicular assault
Aggravated assault upon a person less than eleven years old
Vehicular assault in the first and second degrees
Criminal possession of a weapon on school grounds
Criminal possession of a firearm
Criminal possession of a weapon in the fourth degree
Criminal sale of a firearm to a minor
Criminal possession of a controlled substance in the first and second degrees
Criminal sale of a controlled substance in the first and second degrees
Criminal sale of a controlled substance in or near school grounds
Use of a child to commit a controlled substance offense
Criminal sale of a controlled substance to a child
Patronizing a person for prostitution in a school zone
Promoting an obscene sexual performance by a child
Possessing an obscene sexual performance by a child
Promoting a sexual performance by a child
Failure to register as a sex offender
Bribery in the first degree
Bribe giving for public office
Bribe receiving in the first degree
Arson in the third and fourth degrees
Grand larceny in the first, second, third, and fourth degrees
Aggravated cruelty to animals
Overdriving, torturing and injuring animals
Failure to provide proper sustenance to animals
Animal fighting
Unlawful imprisonment in the first degree
Coercion in the first degree
Criminal solicitation in the first degree
Criminal facilitation in the first degree
Money laundering in support of terrorism in the third and fourth degrees
Making a terroristic threat
Obstructing governmental administration in the first and second degree
Obstructing governmental administration by means of a self-defense spray device
Promoting prison contraband in the first and second degrees
Resisting arrest
Hindering prosecution
Tampering with a juror
Tampering with physical evidence
Aggravated harassment in the first degree
Directing a laser at an aircraft in the first degree
Enterprise corruption
Money laundering in the first degree