Senator Charles J. Fuschillo, Jr. announced that the New York State Senate passed legislation that would increase penalties for motorists who are convicted of dangerous and unlawful driving. The bills are part of a package, submitted by Governor George Pataki earlier this month, designed to crack down on dangerous drivers. Two other bills introduced as part of the dangerous driver package were passed by the Senate earlier this month.

"Drivers who blatantly disobey traffic rules and cause accidents that claim innocent lives should be appropriately punished. We cannot allow these criminals to escape justice through legal loopholes," said Fuschillo. "I applaud Governor Pataki for advancing this legislative package and I hope the Assembly will join the Senate in passing these bills."

The legislative package would:

- Requires consecutive sentences to be imposed on someone who commits two or more criminal offenses through a single act that causes death or physical injury to more than one person.

- Strengthen existing penalties for motorists who injure or kill people as a result of dangerous and unlawful driving, and also creates a new class D felony for Vehicular Manslaughter in the Third Degree.

- Raise the penalty for Vehicular Manslaughter in the Second Degree from a class D to a class C felony. People who drive while intoxicated and cause the death of another person may also be charged with this crime.

- Required people convicted of aggravated unlicensed operation of a motor vehicle to be fingerprinted. Current state law does not permit the fingerprinting of someone who is convicted. As a result, someone arrested for a second offense does not have the crime elevated from a misdemeanor to a felony.

- Raises penalties for first, second and third degree aggravated unlicensed operation of a motor vehicle and reduces the number of prior suspensions needed to prove the first degree offense from ten to five.

- Establishes a presumption that a person with three or more suspensions imposed on separate dates knows that his or her license is suspended.

- Establish criminal sanctions, mandate license revocation and require successful completion of approved defensive driving courses for people convicted of a road rage offense.

The bills were sent to the Assembly.

Senator Fuschillo, together with the members of the Senate Majority, unveiled a proposal that would provide parity in insurance coverage for mental illnesses. The proposal would require insurance companies to cover most mental illnesses and would require coverage for a broad range of mental illnesses and conditions specifically related to children,

"Mental illnesses are serious conditions that require proper treatment, but many people do not have access to the necessary treatment," said Fuschillo. "This plan would provide parity in coverage and would help people obtain the appropriate treatment and care, without escalating insurance costs for small businesses."

The Senate's proposal would:

- Require insurance companies to cover biologically based mental illnesses, such as schizophrenia, schizoaffective disorder, major depression, bipolar disorder, delusional disorders, paranoia, panic disorder, obsessive compulsive disorder, bulimia, anorexia and binge eating.

- Require insurance coverage for children under age 18 with attention deficit disorder, disruptive behavior disorders or pervasive development disorders where there are serious suicidal symptoms or other life-threatening self-destructive behavior; significant psychotic symptoms (hallucinations, delusion, bizarre behaviors); behavior caused by emotional disturbances that place the child at risk of causing personal injury or significant property damage; or behavior caused by emotional disturbances that placed the child at substantial risk or removal from the household.

- Require the state Insurance Department and the Office of Mental Health to conduct a two year study to determine the effectiveness and impact of mental health parity legislation in New York and other states. If enacted, the bill would take effect January 1, 2005 and sunset on December 31, 2007, to provide for an opportunity to amend the law based on the findings and recommendations of the study.

Businesses with 50 or fewer employees, as well as those who experienced an insurance rate increase of two percent or more as a direct result of having to provide this coverage, would be granted an exemption.

"The Senate has taken a significant step forward which should bring us close to enactment of a mental health parity law in New York State, which adequately addresses the mental health needs of New Yorkers," said Alan Lubin, executive vice president of the New York State United Teachers, representing the New York State Psychological Association.