By Cara Matthews • Albany Bureau • July 22, 2008
LBANY -- Legislation signed by the governor today will speed up the process for removing teachers convicted of sex crimes, improve protections for children and adults in residential care and launch a study of the effects of violent video games on kids.
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"These new laws will enhance the protections afforded to the citizens of this state and will address gaps in protection that have existed for years," Gov. David Paterson said in announcing the legislation.
One of the 36 bills Paterson signed requires that video-game consoles have features by 2010 that allow parents to block access to games they don't want their children playing. Many newer consoles already have lock-out capabilities. All video games sold at retail stores will have to display gaming industry's voluntary rating system that provides guidance on age-appropriateness and warnings about violence, strong language and other content. Retailers who don't comply will face fines.
Beyond that, the legislation sets up an advisory council to study the connection between youth violence and interactive media.
The legislation has evoked strong feelings on both sides.
"The state has ignored legal precedent, common sense and the wishes of many New Yorkers in enacting this unnecessary bill," said Richard Taylor, senior vice president of communications and research for the Washington-based Entertainment Software Association. "This government intrusion will cost taxpayers money and impose unconstitutional mandates for activities and technologies that are already in place."
Taylor said the law unfairly singles out the video-game industry over other media.
Other groups opposed to the new law include Americans for Tax Reform, a conservative anti-tax group, and the American Civil Liberties Union, which has predicted the courts will shoot down the legislation. That has occurred in other states.
The Rev. Duane Motley, founder and executive director of New Yorkers for Constitutional Freedoms, said the legislation is long overdue. His group represents the interests of evangelical Christians.
"This is something that parents need to help protect their children from inappropriate material," he said.
Another piece of legislation signed by the governor provides that school employees -- teachers, teaching assistants, administrators, superintendents and other professionals -- convicted of sex crimes will automatically have their certifications or licenses revoked and lose their jobs. They no longer will be entitled to a post-conviction administrative hearing through the school district. The rationale for the law is that the employees already received due process in the criminal justice system.
Paterson gave his OK to a companion bill to automatically revoke the certificate and fire a school administrator or supervisor convicted of defrauding the government.
Also signed by the governor was a law that enables someone who has an intimate relationship with an abuser but is not a relative to request a civil order of protection in Family Court. Until now, criminal court was the only option for victims who are not related to their abusers. Victims of this kind of abuse now will be protected by stronger arrest requirements and penalties for attackers. Legislation on the issue was first introduced in the Assembly 20 years ago.
The single largest cause of injury to women in the United States is domestic violence, according to the Department of Justice. Police departments in New York get about 450,000 calls a year for assistance in domestic-violence situations.
Sen. George Winner, R-Elmira, who sponsored the bill in his house, said the legislation brings New York in line with every other state and provides all domestic-violence victims with equal protection.
Several additional bills signed by the governor will strengthen protections for children and adults in residential care. Parents will have more time to request records relating to allegations of abuse or mistreatment of their children. A law passed last year gave families until Dec. 31, 2007 to ask for documents created between Jan. 1, 2003, and last year. With the new legislation, the window will be extended until Dec. 31, 2010.
The family of Jonathan Carey, a 13-year-old autistic boy who died last year, pushed for the original law and the amendment. Jonathan died while in residential care near Albany, and two workers were convicted in connection with the death. Previously, he was at the Anderson Center for Autism in Staatsburg, Dutchess County. His parents have alleged he was abused there, which the center has denied.
In related legislation signed by Paterson, the state will lower the standard for defining abuse of children in residential programs. Kicking, biting, withholding food and other treatment will now be considered abuse, even if they do not injure the child. Another new law prohibits the withholding of food or hydration from residents in mental-hygiene facilities.
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