Senator Charles J. Fuschillo, Jr. announced recently that the New York State Senate has passed legislation that he co-sponsored that would make it a felony crime if any adult recklessly causes serious injury to a young child. The law would make Úquot;Shaken Baby Syndrome,Úquot; where a child suffers serious, even fatal head injuries as a result of reckless and abusive treatment, a violent felony crime punishable by up to seven years in prison.

Úquot;Frequently, people found guilty of committing a reckless assault on a child and causing serious physical injury can only be convicted of a misdemeanor,Úquot; Fuschillo said. Úquot;The child suffers a serious injury and the perpetrator gets a slap on the wrist. This law would correct this injustice.Úquot;

According to Fuschillo, the legislation would make a person who is 18 years or older who recklessly causes serious physical injury to a child under the age of 7, guilty of the crime of assault in the second degree, punishable by up to seven years in prison. The law also adds to the legal definition of Úquot;serious physical injury,Úquot; as it relates to children under the age of 7; a subdural, intercranial or retinal hemorrhage, injuries consistent with Shaken Baby Syndrome.

Under current law, there are protections for children from intentional assault contained in the crimes of Assault in the first degree (Úquot;BÚquot; felony), Assault in the second degree (Úquot;DÚquot; felony) and Assault in the third degree (Úquot;AÚquot; misdemeanor). Yet for victims of reckless assault, protections are only contained in crimes of Assault in the first degree and Assault in the third degree. There is no level of intermediate assault.

Senator Fuschillo announced that the New York State Senate passed a series of laws that he co-sponsored to protect children, including measures that relate to assaulting a child, child witnesses and children in the courtroom.

According to Fuschillo, one of the laws would make the crime of assaulting a child with a person's hands, in which the accused would face the same degree of punishment as a person who causes a serious physical injury to a child using a tool or object.

Úquot;Nothing is more tragic than a child being the victim of a crime,Úquot; Fuschillo said. Úquot;People must be held responsible for their actions, and this legislation would ensure that those who participate in this vile behavior would be put behind bars and away from innocent children.Úquot;

Another law in the legislative package would require parents to be notified of any proceeding involving a complaint by a minor of sexual harassment as well as raise the age that child victims in sex offense cases may testify by means of closed circuit television.

Úquot;In Nassau County, two tragic situations occurred that led to the introduction of these bills,Úquot; Fuschillo said. Úquot;In the first, I was contacted by a father who was not informed that his daughter had been sexually harassed at her job and coerced into signing a prepared statement. In the second, two teenage girls were subjected to cross-examination by the same man who sexually assaulted them when he elected to represent himself at trial. This legislation marks an important commitment to children subjected to these terrible crimes and circumstances.Úquot;

A third aspect of the legislation would permit children of the age of 12 or younger to testify by closed-circuit television in murder and incest crimes as well as criminal assault and endangering the welfare of a child proceeding, respectively.

Úquot;The law presently allows child victims of sex abuse to testify through closed circuit television,Úquot; Fuschillo said. Úquot;Children should also be spared from testifying in cases involving assault, endangering the welfare of a child, or murder. These laws would put this protection in place. There is no reason that children should be subjected to this anguish when prosecution can proceed in a manner that is less traumatic.Úquot;

With the long-awaited warm weather finally arriving, Senator Fuschillo is reminding residents of safety precautions to be taken when riding scooters. Fuschillo's law requiring children under the age of 14 to wear helmets when riding scooters took effect last July.

Head injuries are the leading cause of death to children, and they account for 43 percent of all deaths of young, school-aged children (ages 5-9).

Úquot;Not wearing a helmet can mean the difference between enjoying the outdoor activities during the spring and summer months, and a very serious injury,Úquot; Fuschillo said.

For a free brochure on how to ensure the safety of your children, contact Senator Fuschillo's office at 546-4100.