Senator Charles J. Fuschillo, Jr. recently co-sponsored legislation, which was unanimously approved in the State Senate, that would make 'Shaken Baby Syndrome' a violent felony crime punishable by up to seven years in prison. 'Shaken Baby Syndrome' occurs when a child suffers serious or fatal head injuries caused by reckless and abusive treatment.

"Child abuse is a heinous crime perpetrated against victims who cannot defend themselves," said Fuschillo. "Far too many children die or suffer permanent injury due to Shaken Baby Syndrome each year. We must do everything possible to not only prevent child abuse, but appropriately punish individuals who harm children."

The legislation stipulates that a person who is 18 years of age or older who recklessly causes serious physical injury to a child under the age of seven would be guilty of assault in the second degree. This crime is a class D felony and carries a maximum punishment of seven years in prison.

Under the current law, a person found guilty of recklessly assaulting a child can only be convicted of a misdemeanor, unless it can be proven that the offender intended to injure the child. This creates the potential for a grave injustice, where the criminal receives a light penalty even though the child suffered a grievous or fatal injury.

The legislation was sent to the Assembly.

Senator Fuschillo, chairman of the Senate Consumer Protection Committee, is urging gas consumers to be wary of price gouging in response to the beginning of the New York State ban on importing, selling, dispensing or offering for sale gasoline containing methyl tertiary butyl ether (MTBE).

Effective since Jan. 1, the ban on MTBE, which Senator Fuschillo co-sponsored in 2000, will protect the groundwater of Long Island from contamination due to this possible carcinogen. The amendment to the environmental conservation law is aimed at protecting the valuable water from any dangerous contaminant and will serve to further protect the environment of Long Island.

Since MTBE will no longer be permitted as an oxygenate, it must be replaced by ethanol in gasoline used at neighborhood pumps. This change may create a supply problem that could result in a short term spike in the price of gasoline at the pump due to a shortage of the new mixture.

"Prices may rise an average of ten cents per gallon but that should be the extent of it and the rise should be only temporary," stated Fuschillo. "In reality, many of the gasoline retailers have already made the switch to the new mixture and should not see any shortage."

In September of last year, when the gasoline companies raised the price of gas citing the August blackout and the war in Iraq, Fuschillo sent a letter to Eliot Spitzer, attorney general of New York State, urging his office to begin an investigation into the sudden spikes that consumers have to deal with every summer. The attorney general's office replied to that request by asking that specific examples of pricing concerns be brought to their attention so that they may follow up.

If you feel that a gas station has unfairly raised its prices, you can call (800) 214-4372 or visit the Consumer Protection Board's gasoline price complaint section at www.consumer.state.ny.us. The Gasoline Price Stability Task Force will coordinate the work of several state agencies, the Consumer Protection Board and the attorney general's office to monitor retail prices of gasoline and to examine questionable practices.

"If you feel that you have been gouged by a gasoline supplier, please contact the Consumer Protection Board," concluded Fuschillo. "The new law is in place to protect our environment but not at the expense of the consumers and the benefit of the retailers."

Senator Fuschillo announced that the New York State Senate passed a comprehensive package of legislation that would bring the state a step closer to compliance with the federal Help America Vote Act of 2002 (HAVA).

"The foundation of our democracy is citizen participation, and voting is one of the best ways for citizens to exercise this right," Fuschillo said. "This legislative package would improve the voting process and ensure fairness and accuracy."

HAVA, which was signed into law by President Bush on Oct. 29, 2002, requires every state to make changes to its voting system by 2006, to improve the elections process. The federal government will provide significant funding to states in order to meet HAVA's requirements.

The legislation includes:

* Facilitating the process of replacing voting machines with modern computerized voting systems, and set a minimum operating standard for voting machines.

* Amending and adding a new section to the election law mandating that new voter registration information be verified through a driver's license, the last four digits of a Social Security number, or by a unique statewide voter registration system number. Voters who register by mail but have not previously voted in the state would be required to provide a valid photo ID or current paycheck, utility bill, bank statement, or a government document showing the voter's name and address.

* Create a statewide voter registration list and election results reporting system.

* Establishing a HAVA statewide administrative complaint procedure to report voting violations to the New York State Board of Elections.

* Creating the Help America Vote Act Implementation Fund to help the state properly administer the funding provided by the federal government to implement HAVA. When appropriated, this money will be available solely to the state and local Boards of Elections for the purposes of implementing HAVA.

The legislation was sent to the Assembly.