Senator Charles J. Fuschillo, Jr. announced recently that the New York State Senate has passed legislation that would establish the penalty of Class 'B' misdemeanor for anyone 18 years of age or older who knowingly fails to report the sexual assault of a child under 16 years of age to law enforcement officials.

"If someone witnesses an incident of sexual abuse against a child, there should be an affirmative obligation to inform the appropriate authorities," Fuschillo said. "The failure of an adult to contact the police is truly a shameful act, and people who turn their backs on a child who is being victimized should be reprimanded accordingly."

According to Fuschillo, this legislation is in response to the molestation and murder of a 7-year-old girl in a Nevada casino in May of 1997, while a bystander did nothing. In most states, there is no legal recourse for this type of heinous activity due to a lack of a "Good Samaritan" law requiring witnesses to report crimes to the proper authorities. This legislation would not require people to intervene in a potentially dangerous situation, but it would require people to report the crime they witnessed.

The New York State Senate recently passed legislation co-sponsored by Senator Fuschillo that would raise the penalty for acts of 'sports rage.'

'Sports rage,' as defined in the legislation, is an intentional physical assault committed by a spectator at an athletic event against a player, coach, or official.

According to Fuschillo, the legislation would raise the maximum penalty for acts of 'sports rage' from one year in prison to four years.

"Sports rage is an increasing phenomenon that places people in danger and tarnishes the lifelong lessons of good sportsmanship and fair competition that athletics instill in our children," Fuschillo said. "I recognize that people can become caught up in the moment, but that does not excuse the significance of their actions nor should it diminish the seriousness of their consequences."

'Sports rage' has become a more frequent problem at both amateur and professional athletic events. On February 28, Robert Schmitt burst onto the ice with 21 seconds remaining in a junior varsity hockey game between Oceanside and Cold Spring Harbor. Before he was forcibly removed from the ice, the Oceanside man grabbed a 15-year-old player from Cold Spring Harbor in a choke hold and knocked down an official. Although neither the player nor the official were seriously injured, the man was arrested and charged with third-degree assault.

An infamous incident that garnered international attention occurred on September 19, 2002 at a major league baseball game. A 34-year-old man and a teenager physically assaulted Kansas City Royals' first-base coach Tom Gamboa during a game against the Chicago White Sox at Comiskey park in Chicago.

Accordingly, the legislation would apply to both professional and amateur sporting events and impose heightened penalties for 'sports rage' assaults within any building, structure, athletic playing field or playground at which such an event is ongoing.