The New York State Senate recently passed legislation sponsored by Senator Charles J. Fuschillo, Jr., which would include theft of official law enforcement or fire department identification under the crime of grand larceny in the third degree.

"The value of a police badge or fire department identification far exceeds its material cost, especially in the current climate of heightened security and awareness of safety issues," said Fuschillo. "When police and fire department badges and IDs are stolen, they pose a potential danger to society if they are misused."

According to Fuschillo, the legislation would amend the penal law to include within Grand Larceny in the Third Degree stolen property which consists of any official law enforcement or fire department identification issued by a federal, state or municipal law enforcement agency or fire department. Under current law, thieves are charged based upon the nominal monetary value of the identification, not its actual value.

"Firefighters and law enforcement officials rightly occupy positions of trust and authority in our society, however there are deceitful criminals who would violate that trust and abuse that authority," Fuschillo said. "This legislation will help protect innocent, law abiding members of society while it punishes those who would seek to impersonate law enforcement officials by stealing their identification."

The bill was delivered to the assembly.

Senator Fuschillo, sponsor of legislation to lower the legal blood alcohol (BAC) limit in New York State from .10 to .08, announced recently that the Senate and Assembly have an agreement on a teenage anti-drunk driving measure. The legislation named "Sean's Law" passed in the Senate and would remove teenage drivers charged with DWI or DWAI from the road by allowing a judge to suspend the driver's permit or junior license at the next regularly scheduled court session.

According to Fuschillo, "Sean's Law is named after 17-year-old Sean French of Columbia County who was killed New Year's Day by a teenage drunk driver already awaiting arraignment on a Dec. 13 DWAI charge.

"Traffic crashes are the leading cause of death among teens and young adults," Fuschillo said. "By suspending the licenses of teens facing DWI or DWAI charges, we will not only be making our roads safer, we will also be sending a strong message to young people that drinking and driving is a deadly combination and it will not be tolerated."

"We don't see this as a memorial, it's an ongoing tribute to Sean's character, a living extension of his compassion for others to spare them the agony that we and others have faced," said Sean's father Mark French. "We appreciate the leadership of our elected officials. This is a tremendous example of how government works for us."

According to Fuschillo, the legislation would require that when the holder of a learner's permit or junior driver's license is charged with DWI or DWAI, a judge would have the authority to immediately suspend the junior learner's permit or junior license upon the driver's first appearance before the court on the DWI/DWAI charge. Under current law, a suspension pending the prosecution of a DWI charge can occur only after all court proceedings required for arraignment have been completed. The license would be returned if the offender is found not guilty.

In addition, the legislation says an individual's court appearance must be at the next regularly scheduled session of the court. It would also require the court to notify parents or guardians of their child's court appearance or failure to appear on DWI or DWAI charges.