[ THEME MUSIC ] >> WELCOME TO THIS WEEK'S EDITION OF "NEW YORK NOW."

I'M SHANTEL DESTRA.

IT'S BEEN SIX WEEKS SINCE THE APRIL 1ST STATE BUDGET DEADLINE AND POLITICAL INSIDERS ARE TRYING TO GRASP WHEN THE FINAL BUDGET WILL OFFICIALLY BE COMPLETED.

AS WE DISCUSSED IN LAST WEEK'S SHOW, GOVERNOR KATHIE HOCHUL ANNOUNCED A GENERAL AGREEMENT FOR THE STATE'S BUDGET, BUT LEGISLATIVE LEADERS HAVE A DIFFERENT TAKE.

ON TUESDAY, STATE SENATE MAJORITY LEADER ANDREA STEWART-COUSINS ADDRESSED THE GOVERNOR'S ANNOUNCEMENT WITH REPORTERS.

>> WHILE I KNOW WE'RE NOT QUITE THERE YET ON THE FINAL BUDGET, WHICH IS A PROBLEM, I DO BELIEVE THAT WE WILL BE ENTERING THE BEGINNING OF THE END OVER THE NEXT FEW DAYS WITH THE HOPE OF REACHING AND SOMETIME NEXT WEEK.

>> AT THIS TIME, NO BILLS HAVE BEEN INTRODUCED IN THE LEGISLATURE.

WE'LL CONTINUE TO BRING YOU UPDATES ON WHERE THINGS STAND RIGHT HERE ON THE SHOW.

AND APART FROM DEALING WITH THE LATE STATE BUDGET, STATE LAWMAKERS ARE TRYING TO GET THEIR RESPECTIVE POLICY AGENDAS MOVING BEFORE THE END OF THE LEGISLATIVE SESSION.

ONE BILL THAT HAS BEEN QUITE CONTROVERSIAL AT THE STATE CAPITAL WOULD END QUALIFIED IMMUNITY FOR LAW ENFORCEMENT OFFICIALS ACROSS THE STATE.

OUR ELISE KLINE HAS MORE IN THIS NEXT STORY.

[ THEME MUSIC ] >> FOR NEARLY A DECADE, SOME NEW YORK STATE LAWMAKERS HAVE TRIED TO PASS A BILL THAT WOULD END QUALIFIED IMMUNITY IN THE STATE.

THIS YEAR, THE FIGHT CONTINUES.

STATE LAWMAKERS SAY THEY HAVE A RENEWED PUSH TO PASS THE LEGISLATION.

QUALIFIED IMMUNITY IS A LEGAL DOCTRINE IN THE U.S.

THAT SHIELDS GOVERNMENT OFFICIALS LIKE LAW ENFORCEMENT FROM CIVIL LIABILITY FOR ACTIONS TAKEN DURING THEIR DUTIES.

SOME STATE LAWMAKERS FEEL THIS BILL, IF PASSED, WOULD BE A BIG STEP TOWARDS BREAKING DOWN THE ISSUE OF POLICE BRUTALITY.

>> I THINK THAT QUALIFIED IMMUNITY IS A SERIOUS OBSTACLE TO ACCOUNTABILITY AND TO JUSTICE FOR PEOPLE.

>> STATE SENATOR ROBERT JACKSON, A DEMOCRAT REPRESENTING PARTS OF MANHATTAN, AGREES AND SAYS HE INTRODUCED THE BILL IN THE SENATE FOR THIS REASON.

>> BECAUSE THERE ARE THINGS THAT ARE HAPPENING IN THE COMMUNITY WHERE PEOPLE ARE BEING ARRESTED, KILLED, HARMED, AND IT'S INAPPROPRIATE AND SHOULD NOT BE HAPPENING.

>> THE BILL WAS FIRST INTRODUCED IN 2019.

SINCE THAT TIME, IT HAS BEEN STALLED IN LEGISLATIVE COMMITTEES.

>> THE BILL SPONSORS SAY THE BILL HAS BEEN STALLED BECAUSE IT'S CHALLENGING TO GET ENOUGH POLITICAL WILL FOR IT TO MOVE FORWARD.

>> PEOPLE MAY THINK THAT THE POLICE AND OTHERS HAVE THEIR AUTHORITY AND THEY'RE OKAY, BUT WE PEOPLE WHO HAVE SEEN THE NEGATIVE ASPECTS OF THIS QUALIFIED IMMUNITY, THAT'S WHY THEY'RE YELLING END QUALIFIED IMMUNITY RIGHT NOW.

BECAUSE THEY'VE SEEN PEOPLE HURT, KILLED.

>> IF YOU CAN'T FEEL THAT THEY HAVE RECOURSE FOR A VIOLATION, THEN WHERE ARE WE?

WE ARE SUPPOSED TO BE PROTECTED BY THE CONSTITUTION.

SO I THINK THE CONVERSATION, EITHER IT'S ABOUT POLITICAL WILL OR COURAGE.

>> JACKSON SAYS HE HOPES TO GET THE BILL FURTHER THIS SESSION, STRESSING THAT NO ONE IS ABOVE THE LAW.

MICHAEL SIZITSKY, ASSISTANT POLICY DIRECTOR AT THE NEW YORK CIVIL LIBERTIES UNION, SAYS THE POLICE LANDSCAPE OVERALL DEMONSTRATES A SIGNIFICANT LACK OF ACCOUNTABILITY WHEN IT COMES TO EXCESSIVE FORCE AND POLICE MISCONDUCT.

>> WE GET A LOT OF DATA AROUND USE-OF-FORCE INCIDENTS.

WE GET INFORMATION WHEN COMPLAINTS ARE FILED AND QUITE OFTEN, WHAT WE DON'T SEE IS ANY REAL MEASURE OF JUSTICE THAT IS HANDED OUT TO ABUSIVE OFFICERS IN RESPONSE TO THOSE COMPLAINTS, IN RESPONSE TO THE SYSTEMS THAT WE HAVE IN PLACE.

>> ACCORDING TO DATA COLLECTED BY THE NYCLU, SINCE 2000, THERE HAVE BEEN MORE THAN 18,000 POLICE MISCONDUCT COMPLAINTS IN NEW YORK CITY.

OF THOSE COMPLAINTS, ONLY ABOUT 4,000 RECEIVED DISCIPLINE AND ONLY ABOUT 1,500 WERE CONSIDERED SERIOUS, LESS THAN 1% WERE DISMISSED, AND LESS THAN 2% WERE SUSPENDED OR PUT ON PROBATION.

DATA FROM COMPLAINT POLICE REVIEW BOARDS CAN VARY BY CITY.

IN ALBANY, FOR EXAMPLE, THERE WERE 24 COMPLAINTS IN 2023 AND 7 COMPLAINTS IN THE FIRST QUARTER OF 2024.

ADDITIONALLY, THE NEW YORK CITY POLICE DEPARTMENT IS THE LARGEST MUNICIPAL POLICE FORCE IN THE COUNTRY.

MEDHA RAMAN, POLICY COUNSEL AT THE NEW YORK CIVIL LIBERTIES UNION, SAYS IN CASES WHERE INDIVIDUALS HAVE TRIED TO GET JUSTICE FOR EXCESSIVE FORCE OR POLICE MISCONDUCT THROUGH THE COURTS, THERE IS OFTEN ONE BIG OBSTACLE STANDING IN THE WAY, QUALIFIED IMMUNITY, WHICH IS OFTEN USED AS A DEFENSE FOR LAW ENFORCEMENT.

RAMAN SAYS COURTS OFTEN LOOK TO PREVIOUS CASES TO DETERMINE WHETHER OR NOT AN INDIVIDUAL'S RIGHTS WERE VIOLATED AND WHETHER OR NOT A LAW ENFORCEMENT OFFICER CAN MEET QUALIFIED IMMUNITY STANDARDS.

>> SO TO BE ABLE TO WIN A CASE, YOU NEED TO BE ABLE TO POINT TO AN ALMOST IDENTICAL CASE THAT'S BEEN BROUGHT PREVIOUSLY IN THAT JURISDICTION, WHICH IS CHALLENGING FOR NUMEROUS REASONS, INCLUDING THE FACT THAT IT'S SO HARD TO POINT TO AN EXACT CASE WITH EXACT FACTS AND ALSO THE FACT THAT THE MORE EGREGIOUS THE ACTION IS IN YOUR CASE, THE LESS LIKELY IT IS THAT IT'S GOING TO HAPPEN TO SOMEONE ELSE IN THAT EXACT SAME WAY BEFORE.

>> MANY STATE LAWMAKERS AND ADVOCATES ARE US FROM STRAIGHTED WITH HOW THESE ISSUES ARE CURRENTLY HANDLED.

SOME STATE DEMOCRATS SAY PROGRESS IN ALBANY IS SLOW.

>> AS A BLACK MAN WHO REPRESENTS CENTRAL HARLEM, I'VE SEEN POLICE BRUTALITY MY WHOLE ENTIRE LIFE, AND IT'S IMPORTANT TO KNOW THAT YOU CAN ALWAYS DO MORE.

>> WELL, LOOK, WE STILL HAVE A LOT OF WORK TO DO WHEN IT COMES TO ACCOUNTABILITY, WHEN IT COMES TO PUBLIC SAFETY FOR EVERYONE.

>> MYRIE ADDS ENDING QUALIFIED IMMUNITY COULD BE A BIG STEP IN THE RIGHT DIRECTION.

SOME CRIMINAL JUSTICE ADVOCATES SAY THE END QUALIFIED IMMUNITY ACT COULD MEAN FINALLY SEEING SOME ACCOUNTABILITY MEASURES FOR THE PAINS THEY ENDURE.

RONI MINTER, A LOCAL ADVOCATE AND THE FOUNDER OF THE FREEDOM UNSHACKLED COALITION, SAYS THE SAME WAY NEW YORKERS ARE PROSECUTED, CONVICTED, AND SENT TO PRISON FOR WHEN THEY COMMIT CRIMES SO SHOULD LAW ENFORCEMENT.

>> THEY SHOULD NOT BE BEHIND SOME LAW THAT SAYS THEY SHOULD NOT BE HELD ACCOUNTABLE FOR WHAT THEY'RE DOING.

WHY ARE THEY ABOVE THE LAW?

>> CURRENTLY IN THE STATE, THERE ARE ABOUT 74 DEADLY INCIDENTS UNDER REVIEW BY THE ATTORNEY GENERAL'S OFFICE OF SPECIAL INVESTIGATION.

MOST OF THESE INCIDENTS TOOK PLACE FROM 2023 TO 2025.

ALL OF THE INCIDENTS HAVE BODY CAMERA FOOTAGE THAT HAS BEEN RELEASED TO THE PUBLIC.

THE TIME THE OFFICE OF SPECIAL INVESTIGATION TAKES TO INVESTIGATE CASES VARIES FROM A RANGE OF SIX MONTHS TO A YEAR OR MORE.

ADDITIONALLY, NOT ALL CASES MEET THE STANDARDS TO CRIMINALLY PROSECUTE.

THE NEW YORK CITY POLICE DEPARTMENT, INVOLVED IN ABOUT 26 OF THE 74 DEADLY INCIDENTS, SAID IN A STATEMENT SENT TO WMHT THAT AN INVESTIGATION DOES NOT MEAN A MEMBER OF LAW ENFORCEMENT IS GUILTY.

A 2025 NEW YORK CITY COMPTROLLER REPORT ALSO SHOWED THE HIGHEST INCREASE IN EXCESSIVE FORCE COMPLAINTS SINCE 2013.

CATARINA SIIRA, A LEADER IN THE CAMPAIGN TO END QUALIFIED IMMUNITY, SAYS THIS INCREASE IS DEEPLY TROUBLING.

>> WE'RE REALLY MOVING IN THE WRONG DIRECTION, AND WE NEED TO DO EVERYTHING THAT WE CAN DO TO SHORE UP OUR CIVIL RIGHTS HERE IN NEW YORK STATE BY CREATING A STATE CAUSE OF ACTION SO THAT WE CAN BRING THOSE CIVIL RIGHTS CASES HERE IN NEW YORK STATE.

>> WHILE ADVOCATES, LAWMAKERS, AND COMMUNITY MEMBERS ARE FRUSTRATED BY COUNTLESS DEATHS AND BRUTALITY INCIDENTS OVER THE RECENT YEARS, SOME COUNTY SHERIFFS FEEL POLICE BRUTALITY IS NOT REALLY AN ISSUE.

WHEN WMHT ASKED MADISON COUNTY SHERIFF TODD HOOD, WHO IS ALSO THE GOP LIEUTENANT GOVERNOR CANDIDATE, HIS THOUGHTS ABOUT THE MANY INCIDENTS RELATED TO BEATINGS AND EXCESSIVE FORCE OF A WIDELY REPORTED ISSUE, THIS WAS HIS RESPONSE.

>> YOU'RE TELLING ME THAT THERE ARE COUNTLESS VIDEOS OF POLICE VIDEO CAMERAS, BODY CAMERAS BEATING PEOPLE TO DEATH IN NEW YORK.

NO.

>> THESE ARE SOME EXAMPLES FROM THE 74 DEADLY INCIDENTS UNDER INVESTIGATION BY THE ATTORNEY GENERAL'S OFFICE OF SPECIAL INVESTIGATION, INCLUDING SHOOTINGS AND EXCESSIVE FORCE.

[ SOUNDS FROM VIDEO ] >> IN A STATEMENT SENT TO WMHT, THE DIVISION OF CRIMINAL JUSTICE SERVICES SAID THEY REMAINED COMMITTED TO THEIR ROLE IN MAINTAINING HIGH STANDARDS FOR LAW ENFORCEMENT AND PROMOTING PROFESSIONAL POLICING.

SOME OF THE EXAMPLES INCLUDED ROBERT BROOKS, WHICH TOOK PLACE AT A CORRECTIONAL FACILITY.

BROOKS WAS BEATEN TO DEATH AT MARCY CORRECTIONAL FACILITY IN 2024 BY SIX CORRECTIONAL OFFICERS.

MANY ADVOCATES SAY BROOKS' DEATH IS AN EXAMPLE OF CORRECTIONAL VIOLENCE AND ABUSE, BUT HE IS UNFORTUNATELY NOT THE ONLY ONE.

MINTER HIGHLIGHTS A RECENT INCIDENT IN ALBANY COUNTY CORRECTIONAL FACILITY ON INMATE MARQUIS NORWOOD.

>> HE WAS ONE KICK AWAY FROM BEING ROBERT BROOKS AT ALBANY COUNTY CORRECTIONAL FACILITY.

>> MINTER ADDS SHE'S FRUSTRATED AFTER WATCHING FOOTAGE OF THE INCIDENT AT THE LACK OF ACCOUNTABILITY, NOT JUST ON THE STATE LEVEL, OVERALL FOR THESE KINDS OF INCIDENTS BUT LOCAL COUNTY LEVEL AS WELL.

>> NO ONE HAS BEEN HELD ACCOUNTABLE FOR THAT BRUTAL BEATING OF MARQUIS NORWOOD.

HE COULD HAVE BEEN MURDERED.

IN FACT, HAD I NOT KNOWN HE WAS ALIVE, I WOULD HAVE THOUGHT HE DIED DURING THAT BEATING.

>> WMHT REACHED OUT TO THE ALBANY COUNTY CORRECTIONAL FACILITY FOR COMMENT, BUT THEY DID NOT RESPOND.

>> IN 2024 ALONE, THERE WERE 143 OR 144 DEADLY INCIDENTS, ACCORDING TO DATA COLLECTED BY THE CORRECTIONAL ASSOCIATION OF NEW YORK AND THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.

S UMEET SHARMA, DIRECTOR OF POLICY AND COMMUNICATIONS AT THE CORRECTIONAL ASSOCIATION OF NEW YORK, SAYS THE 2024 DATA DEMONSTRATES AN INCREASE IN DEATHS IN CUSTODY.

HE ADDS THIS TREND ALSO SEEMS TO BE CONTINUING.

>> WE'VE SEEN THAT TREND EXTEND INTO 2026.

SO IT REALLY SPEAKS TO SOMETHING GOING IN THE WRONG DIRECTION IN THE STATE PRISON SYSTEM.

>> IN COMMENTS SENT TO WMHT, A SPOKESPERSON FROM THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION SAID THEY DO NOT TOLERATE VIOLENCE AND EXCESSIVE FORCE INCIDENTS ARE INVESTIGATED.

THE SPOKESPERSON ALSO TOLD WMHT 64% OF THE 144 DEATHS IN 2024 WERE NATURAL CAUSES.

SHARMA ADDS THEIR DATA ALSO DEMONSTRATES THE DEATHS IN CUSTODY SHOWED AN INCREASE IN THESE INCIDENTS INVOLVING INDIVIDUALS UNDER 40 YEARS OLD.

>> WHICH TELLS YOU THAT, PEOPLE IN PRISS DO DIE FROM ADVANCED MEDICAL NEEDS, PERHAPS BEING INCARCERATED FOR A LONG PERIOD OF TIME IF THEY'RE ELDERLY, BUT WHEN YOU'RE STARTING TO SEE PEOPLE WHO ARE YOUNGER PASSING AWAY WHILE INCARCERATED, IT COULD SPEAK TO A FEW DIFFERENT THINGS.

>> THE CORRECTIONAL ASSOCIATION OF NEW YORK ADDS THIS MEANS THESE DEATHS ARE LIKELY ATTRIBUTABLE TO CAUSES SUCH AS SUICIDE, HOMICIDE, OR OVERDOSE.

MINTER, WHO SERVED ABOUT 18 YEARS IN PRISON, SAY SHE WITNESSED HORRIFIC INCIDENTS IN HER TIME THERE, SUCH AS RAPES AND BEATINGS, AND SPENT EVERY DAY SCARED.

>> THERE IS A CULTURE OF VIOLENCE IN CORRECTIONS, AND IN THAT VIOLENCE, WE'RE TALKING PHYSICAL BRUTALITY.

WE'RE TALKING RAPES.

WE'RE TALKING THE WHOLE BALL OF WAX.

>> SHARMA SAYS ENDING QUALIFIED IMMUNITY COULD HAVE A SIGNIFICANT IMPACT ON CHANGING THE CULTURE AMONG LAW ENFORCEMENT AND WITHIN PRISONS.

>> IT WOULD HOLD THE DEPARTMENT AS A WHOLE ACCOUNTABLE SO THAT THEY'RE UNABLE TO PUT UP A QUALIFIED IMMUNITY DEFENSE IN THESE SPECIFIC CIVIL ACTIONS.

RAMAN STRESSES MANY CHALLENGES WITH QUALIFIED IMMUNITY OFTEN PREVENT MEANINGFUL ACCOUNTABILITY IN THE COURTS, SUCH AS COURTS NOT ALWAYS HAVING TO ANSWER THE QUESTION OF WHETHER OR NOT AN INDIVIDUAL'S CONSTITUTIONAL RIGHTS WERE VIOLATED.

>> SO BY ENTIRELY SKIPPING THAT QUESTION, WE'RE NOT REALLY ALLOWING ANYONE TO HAVE MEANINGFUL ACCESS TO THE COURTS AND A MEANINGFUL DETERMINATION OF WHETHER SOMEONE'S RIGHTS WERE VIOLATED, AND I THINK THAT BRINGS UP AN IMPORTANT QUESTION AROUND, DO WE REALLY HAVE RIGHTS IF WE DON'T HAVE A REMEDY FOR THEM?

AND WHAT DOES IT MEAN TO HAVE ACCESS TO THE COURTS AND TO HAVE ACCESS TO THESE RIGHTS IF THEY'RE NOT PROTECTED IN THIS WAY?

>> RAMAN ADDS BECAUSE THE LAW NEVER REALLY HAS TO BE CLEARLY ESTABLISHED BY DETERMINING THAT CONSTITUTIONAL QUESTION, WHEN INDIVIDUALS BRING FUTURE CASES, THEY WILL RUN UP AGAINST THE SAME ISSUE.

RAMAN SAYS ENDING QUALIFIED IMMUNITY COULD BREAK DOWN THIS PERVASIVE CYCLE WHERE INDIVIDUALS CANNOT CROSS THE BARRIER IN THE COURTS AND THEREFORE ARE UNABLE TO GET MEANINGFUL JUSTICE OR ACCOUNTABILITY.

THE BILL IS CURRENTLY IN COMMITTEES IN BOTH CHAMBERS.

ASSEMBLY SPONSOR PAM HUNTER, A DEMOCRAT REPRESENTING PARTS OF SYRACUSE, SAYS THE CONVERSATIONS AROUND THE BILL HAVE BEEN CHALLENGING AND THIS YEAR, THE STATE BUDGET HAS TAKEN UP A LOT OF THE LEGISLATORS' TIME.

>> IN SOME WAYS, YOU'RE TALKING ABOUT POLITICAL WILL AND COURAGE, PUTTING FORWARD THIS PIECE OF LEGISLATION AND PACKAGING THE INFORMATION IN A WAY THAT WE WANT TO MAKE SURE THAT EMPLOYEES ARE PROTECTED, WE WANT TO MAKE SURE THAT IF YOU'RE NOT DOING ANYTHING WRONG, YOU HAVE NOTHING TO WORRY ABOUT.

WE DON'T WANT YOU TO BE CAUTIOUS ABOUT DOING YOUR JOB, BUT VIOLATING SOMEONE'S CONSTITUTIONAL RIGHTS IS A SIGNIFICANT THING.

>> HUNTER SAYS THIS HAS BEEN ONE OF HER PRIORITY BILLS SINCE IT WAS FIRST INTRODUCED, AND SHE INTENDS TO CONTINUE PUSHING TO GET IT PASSED.

THE BILL SEEMS TO HAVE SUPPORT AMONG MANY DEMOCRATS.

HOWEVER, SOME LAWMAKERS ACROSS THE AISLE DON'T SUPPORT THE LEGISLATION.

SENATOR ANDREW LANZA, A REPUBLICAN REPRESENTING STATEN ISLAND, SAYS HE FEELS THIS LEGISLATION WOULD IMPOSE BURDENS, SUCH AS CIVIL LAWSUITS ON LAW ENFORCEMENT OFFICERS.

>> THESE ARE PEOPLE WITH FAMILIES.

THESE ARE PEOPLE THAT DESERVE OUR GRATITUDE, RESPECT, AND ADMIRATION.

WE SHOULD BE DOING EVERYTHING WE CAN IN THE STATE TO MAKE THEIR JOBS EASIER, TO MAKE SURE THAT THEY'RE SAFE WHEN THEY'RE KEEPING US SAFE, AND I THINK THIS LAW WILL DO JUST THE OPPOSITE.

>> IN ADDITION TO QUALIFIED IMMUNITY PROTECTIONS, LAW ENFORCEMENT OFFICERS ARE PROTECTED BY COLLECTIVE BARGAINING AGREEMENTS, WHICH OFTEN ALLOW FOR OVERSHADOWING OF INDEPENDENT BODIES' CONTROL OVER POLICE DISCIPLINE.

LAW ENFORCEMENT DEPARTMENTS ALSO RECEIVE HUNDREDS OF MILLIONS TO BILLIONS OF DOLLARS FUNDING EVERY YEAR FROM THE STATE, AVERAGING ABOUT ONE BILLION IN RECENT BUDGET YEARS FROM THE DIVISION OF STATE POLICE.

IN RECENT BUDGET YEARS, THE DIVISION OF CRIMINAL JUSTICE SERVICES HAS RECEIVED A RANGE OF ABOUT $400 MILLION TO NEARLY $800 MILLION.

THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES RECEIVED ABOUT $3 BILLION IN EACH OF THE LAST TWO BUDGET CYCLES.

SOME REPUBLICAN LAWMAKERS SAY THEY HAVE CONCERNS THIS BILL WOULD MEAN CHALLENGES FOR POLICE RECRUITMENT, WHICH HAS BEEN AN ONGOING ISSUE FOR LAW ENFORCEMENT FOR SEVERAL YEARS.

>> POLICE BRUTALITY IS A RARE OCCURRENCE AND THE IDEA THAT THIS IS SOME KIND OF PROLIFIC PROBLEM, THAT NEEDS TO BE SOLVED IS A MYTH, AND THE WHOLE IDEA OF ENDING QUALIFIED IMMUNITY IS REALLY GOING TO MAKE IT MORE DIFFICULT FOR US TO GET PEOPLE WHO WANT TO DO THE JOB OF LAW ENFORCEMENT, OF PROTECTING THE PEOPLE OF THE STATE.

THIS IS ANOTHER PRO-CRIMINAL POLICY THAT WILL EMBOLDEN CRIMINALS FURTHER.

>> WE HAVE A HARD ENOUGH TIME RECRUITING LAW ENFORCEMENT.

NEW YORK STATE HAS BECOME SO PRO-CRIMINAL AND I HATE TO SAY IT, BUT WE DON'T TREAT OUR LAW ENFORCEMENT PROPERLY, AND TO END QUALIFIED IMMUNITY FOR THEM, TOO, IS UNCONSCIONABLE.

I CANNOT IMAGINE IT.

>> RAMAN ARGUES IF OFFICERS ARE DOING THEIR JOB CORRECTLY UNDER THE CONSTITUTION, THERE SHOULDN'T BE A CONCERN ABOUT RECRUITMENT.

>> THIS IS REALLY ABOUT ADHERING TO THE CONSTITUTION.

IT'S NOT IMPOSING ADDITIONAL STANDARDS.

IT'S JUST SAYING, WHEN THERE IS A HARM, HOW CAN PEOPLE ACTUALLY GET JUSTICE?

HOW CAN WE GET ACCOUNTABILITY?

SO THERE SHOULDN'T BE A CONCERN ABOUT HIRING OFFICERS IF WE'RE LOOKING FOR OFFICERS THAT ARE ADHERING TO THE LAW AND THAT ARE FOLLOWING THE LAW BECAUSE THEY WOULDN'T BE RUNNING UP AGAINST THIS ISSUE IN THAT CASE.

>> LAWMAKERS HAVE ABOUT THREE WEEKS LEFT BEFORE THE END OF THIS YEAR'S LEGISLATIVE SESSION.

WHILE THE BILL'S SPONSORS ARE BOTH DETERMINED TO MOVE THE CONVERSATIONS FORWARD ON THIS ISSUE, IT'S UNCLEAR IF THERE WILL BE ENOUGH TIME TO GET THIS BILL TO MOVE OUT OF COMMITTEES AND TO THE FLOOR FOR A VOTE.

WE'LL BE FOLLOWING THIS PROCESS AS IT UNFOLDS.

ELISE KLINE, "NEW YORK NOW."

>> AND FOR MORE ON THE PUSH TO END QUALIFIED IMMUNITY IN THE STATE, YOU CAN VISIT OUR WEBSITE.

THAT'S AT NYNOW.ORG.

IN THIS NEXT SEGMENT, WE SAT DOWN WITH STATE SENATOR NATALIYA FERNANDEZ, WHO HAS A BILL THAT WOULD ESTABLISH A TAXON ALCOHOL PRODUCTS TO SUPPORT DRUG TREATMENT SERVICES ACROSS THE STATE.

HERE'S THAT CONVERSATION.

[ THEME MUSIC ] >> THANKS FOR JOINING US ON THE SHOW TODAY, SENATOR.

>> THANK YOU FOR HAVING ME.

>> OF COURSE.

NOW YOU SPONSOR A SET OF BILLS THAT WOULD ESTABLISH A 5% TAX ON ALCOHOL SALES AND REDIRECT OPIOID TAX REVENUE TO SUPPORT DRUG TREATMENT IN THE STATE.

SO WHAT ARE YOU HOPING THE IMPACT OF THIS LEGISLATION WILL BE?

>> YES.

WELL, THE INSPIRATION CAME FOR ALWAYS THE CONSTANT NEED FOR SUPPORTIVE SERVICES IN THIS WORK.

I CHAIR THE COMMITTEE OF ALCOHOLISM AND SUBSTANCE USE DISORDER, SO ALWAYS TRYING TO FIGURE OUT HOW WE CAN PROTECT THE DOLLARS THAT WE HAVE COMING FROM AREAS LIKE THE OPIOID SETTLEMENT FUNDS AS WELL AS WHAT WE CURRENTLY HAVE FUNDING OUR PROGRAMS IN THE STATE, AND MY BILL, WE DID AMEND IT.

IT'S NOW A 20% TAX ON THE SALES TAX, SO IT'S NOT JUST A STRAIGHT 5% ON THE SALE, BUT UNDERSTANDING, YOU KNOW, THE FEAR THAT PEOPLE HAVE WITH AN EXTRA TAX.

I'M NOT TRYING TO BREAK POCKETS, BUT I DO WANT TO SEE MONEY FLOWING INTO A DIRECT POT OF MONEY THAT IS GOING TO PROVIDE THE BEHAVIOR, HEALTH, RECOVERY SERVICE, HARM REDUCTION SERVICES THAT WE NEED TO PROVIDE FOR THOSE SUFFERING WITH ADDICTION.

>> RIGHT.

AND YOU MENTIONED THOSE FEARS.

WHAT WOULD YOU SAY TO PEOPLE WHO MAY ARGUE THAT THIS TYPE OF TAX WOULD HAVE A NEGATIVE CONNOTATION AND PEOPLE SHOULD NOT BE FORCED TO PAY AN ADDITIONAL LEVEL OF TAX FOR INDULGING IN SPIRITS?

>> WELL, LET'S REALLY PUT IT INTO PERSPECTIVE, BECAUSE RIGHT NOW, IF YOU ORDER A BEER, IT'S A 14 CENT TAX THAT YOU'RE PAYING ON THAT BEER.

ON A GLASS OF WINE, IT'S A 7 CENT TAX, SO IF I'M ONLY GOING TO CHARGE 20% OF 14% THAT EQUATES TO MAYBE 1 CENT, 2 CENTS, AND I THINK THAT'S FAIR TO TAKE TO PUT TOWARDS SERVICES THAT ARE HELPING PEOPLE THAT UNFORTUNATELY ARE BEING HURT BY THE ALCOHOL SALES, AND NEW YORK STATE HAS TAKEN MANY STEPS FORWARD TO EXPANDING THE SALES OF ALCOHOL FROM THE PANDEMIC DAYS WHERE WE MADE LIQUOR STORES AN ESSENTIAL SERVICE, WHEN WE LEGALIZED TO-GO DRINKS.

THERE'S LEGISLATION NOW THAT HAS PASSED TO ALLOW DISTRIBUTORS TO MAIL CASES OF LIQUOR TO HOMES, SO WE'RE-- WE'RE EXPANDING WAYS THAT, YES, BUSINESSES ARE ABLE TO THRIVE TO GET THEIR SALES OUT THERE, AND I UNDERSTAND THAT, BUT ALCOHOL STILL IS THE NUMBER ONE ABUSED SUBSTANCE IN NEW YORK STATE.

WE HAVE THE MOST ALCOHOL SALES THAN ANY OTHER STATE IN THIS COUNTRY, AND THERE'S NO INVESTMENT TO THE CARE THAT NEEDS TO BE FUNDED FOR PEOPLE THAT SUFFER WITH ALCOHOLISM, AND ALCOHOL IS THE FIRST SUBSTANCE THAT MORE PEOPLE USE BEFORE FALLING INTO MAYBE AN ADDICTION WITH A DIFFERENT SUBSTANCE, LIKE MARIJUANA, LIKE CRACK, LIKE FENTANYL, ANYTHING LIKE THAT.

SO THIS IS A MORAL RESPONSIBILITY I FEEL WE HAVE.

WE'RE ALREADY DOING THAT NOW WHEN WE LEGALIZED MARIJUANA, WE ARE THE MRTA THAT CREATED THIS PROTECTIVE FUNDING POT.

THE DRUG TREATMENT EDUCATION AND PREVENTION FUND, SO WITH MY OTHER BILLS, I HAVE THE OPIOID EXCISE TAX.

WE'RE GETTING TAXES FROM OPIOID SALES.

THOSE TAXES SHOULD NOT GO INTO THE GENERAL FUND BUT INTO THIS DRUG TREATMENT AND PREVENTION FUND.

WE HAVE MONEY FROM CANNABIS SALES GOING INTO THE DRUG TREATMENT AND PREVENTION FUND.

I THINK IT'S FAIR WE CAN HAVE 1 CENT FROM EVERY ALCOHOL SALE TO GO INTO THIS FUND TO STRENGTHEN THE PROGRAMS WE HAVE THAT ARE ALWAYS AT RISK BECAUSE AS WE HAVE SEEN WITH THIS FEDERAL GOVERNMENT, THEY'RE CUTTING PROGRAMS THAT ULTIMATELY ALWAYS HURTS BEHAVIORAL HEALTH AND SUBSTANCE USE DISORDER SERVICES.

I THINK IS A MORAL DIRECTION THAT WE HAVE AS LEGISLATIVE LEADERS, AS LEADERS IN THE STATE TO BE ABLE TO PROVIDE FOR THE CARE IN ADDITION TO ALLOWING THE FUND TO HAPPEN.

>> AND THE ALCOHOL INDUSTRY HAS QUESTIONED THE LEGISLATION'S IMPACT ON LOW INCOME CONSUMERS.

DO YOU HAVE ANY RESPONSE TO THAT PARTICULAR CRITICISM?

>> I BELIEVE I MENTIONED IT BEFORE.

IT'S LITERALLY ONE CENT OF A SALE WITH THE AMENDMENTS THAT WE RECENTLY MADE.

THE AMENDMENT IS NO LONGER HAVING ACROSS-THE-BOARD 5% TAX.

IT'S 20% ON THE SALES TAX.

SO AGAIN, THAT EQUATES TO ONE, MAYBE TWO CENTS PER PURCHASE TO GO TOWARDS THIS FUND.

PEOPLE ARE GOING TO BARS AND SPENDING $14 FOR A BEER, SOMETIMES $20 FOR A DRINK, AND AGAIN, IF A FEW CENTS CAN GO TOWARDS CARE, I THINK THAT'S SOMETHING WE SHOULD BE OKAY WITH.

>> IN TERMS OF THE COST, HOW MUCH MONEY ARE YOU PROJECTING WILL BE RAISED ANNUALLY FROM THIS TAX?

>> AT A MINIMUM RIGHT NOW, WE CAN SEE $50 MILLION COME FROM THIS TAX, AND THAT IS A GOOD AMOUNT OF MONEY, AS MUCH AS ANY DOLLAR IS IN THIS WORK TO MAKE SURE THAT SERVICES ARE AVAILABLE, ARE ACCESSIBLE, AND ARE NOT AT RISK OF BEING LOST IN CERTAIN COMMUNITIES.

>> AND DO YOU THINK THE STATE SHOULD ALSO BE LOOKING AT TAXES ON OTHER TYPES OF SALES AND PRODUCTS TO HELP WITH DRUG TREATMENT IN THE NEXT COUPLE OF YEARS?

>> I MEAN, IT CERTAINLY IS ALWAYS A CONVERSATION.

THERE IS TALK NOW ABOUT A NICOTINE TAX ON-- WHAT IS IT?

THE LITTLE ZIN PACKETS, THE NICOTINE POUCHES.

I THINK THAT FOR ALL THE SUBSTANCES THAT WE ARE, ONE, REGULATING AND ALLOWING THE SALE OF, THERE SHOULD BE RESPONSIBILITY MAKING SURE THAT SOME OF THAT GOES TO THE CARE FOR SOME OF HARM THAT THE SUBSTANCES CAUSE.

>> AND HOW ARE YOU ACTIVELY WORKING TO GARNER SUPPORT FOR THE BILL AMONGST YOUR COLLEAGUES IN THE UPPER CHAMBER AND IN THE ASSEMBLY RIGHT NOW?

>> WELL, WE INTRODUCED THE BILL EARLIER THIS YEAR AND I'M STARTING THE CONVERSATION NOW.

I KNOW THAT THESE THINGS DON'T HAPPEN QUICKLY.

AND THERE'S ALWAYS CONCERN WITH THE IDEA OF A NEW TAX, AND I'M VERY MUCH AGAINST OVERTAXING OUR COMMUNITIES.

LIKE, THAT'S NOT THE INTENTION TO HURT ANYBODY, BUT WE MUST UNDERSTAND THAT AS MUCH AS WE ARE EXPANDING THE SALE AND USAGE, THAT THERE IS AN ACTION THAT NEEDS TO BE HAD AS WELL AND TO PROTECT PEOPLE THAT MAY NOT BE ABLE TO UTILIZE THEM AS OTHERS.

>> AND CAN YOU TELL US ABOUT THE RESPONSE THAT YOU RECEIVED ON THIS LEGISLATION SINCE YOU'VE INTRODUCED IT BOTH AT THE CAPITAL AND WITHIN YOUR DISTRICT?

>> THERE'S BEEN A POSITIVE RESPONSE.

PEOPLE ARE VERY MUCH UNDERSTANDING AND HAVE AGREED.

I DO HAVE SOME COSPONSORS ALREADY, EVEN FROM THE FIRST VERSION OF THE BILL.

BUT UNDERSTANDING THE PUSHBACK AND NOT WANTING TO HURT ANYBODY'S, YOU KNOW, FINANCIAL STATUS, WE'RE STARTING AT THIS LEVEL WITH THE 20% TAX ON THE SALES TAX TO CREATE THE FLOW OF FUNDING FOR THIS SERVICE, FOR THESE SERVICES.

AND IT'S BEEN AN ONGOING CONVERSATION.

SO I DON'T SEE IT PASSING THIS YEAR AND I ABSOLUTELY WANT TO CONTINUE THE CONVERSATIONS AND BUILDING UNDERSTANDING BECAUSE I THINK THAT IT IS SOMETHING THAT WE CAN WORK TOWARDS AND BE ABLE TO ACHIEVE.

>> AND HOW DO YOU THINK NEW YORK STACKS UP AGAINST OTHER STATES WHEN IT COMES TO PROVIDING EFFECTIVE ADDICTION RECOVERY TREATMENT?

>> NEW YORK CERTAINLY HAS MADE STRIDES.

OTHER STATES ARE DOING MORE THAN US IN SOME AREAS, LIKE I BELIEVE RHODE ISLAND IS A STATE THAT LEGALIZED PREVENTION CENTERS.

WE'RE NOT THERE YET.

NEW YORK HAS CERTAINLY MADE STRIDES IN GETTING THE ASSISTANCE AND THE INFORMATION OUT THERE.

I HAVE TO GIVE CREDIT TO THE MANY NOT-FOR-PROFIT PARTNERS, EVEN THE OFFICE OF OASIS FOR DOING ITS BEST TO PROVIDE THE ABILITY TO MEET THE COMMUNITY AND MEET THE PEOPLE WHERE THEY ARE.

YOU KNOW WE HAVE MOBILE UNITS NOW THAT ARE GOING INTO THE HARD-TO-REACH AREAS TO CONSULT, TO HELP, TO SERVICE, TO CARE FOR PEOPLE.

SO NEW YORK HAS DONE A GOOD JOB BUT WE CAN ALWAYS DO MORE.

>> AND AS CHAIR OF THE COMMITTEE, WHAT OTHER ADDICTION SUPPORT AND MENTAL HEALTH SERVICES ARE YOU HOPING TO SEE IN THE FINAL ENACTED BUDGET THIS YEAR OR MEASURES THAT YOU CAN HOPEFULLY ADDRESS OUTSIDE OF THE BUDGET?

>> YES.

WELL, WITHIN THE BUDGET, OUR ONE-HOUSE RESOLUTION DID ADOPT SOME OF MY BILL PROPOSALS SO IN OUR SENATE-ONE HOUSE, WE HAVE MY OPIOID EXCISE TAX WHERE IT'S GOING TO TAKE THE TAXES AND REDIRECT IT TO THIS FUND.

WE HAVE ANOTHER BILL THAT WOULD ALLOW THAT FUND TO SERVICE THE RECOVERY PROGRAMS.

RIGHT NOW, IT'S ONLY SERVICING BEHAVIORAL HEALTH AND HARM REDUCTION.

RECOVERY IS STILL AN AREA THAT NEEDS TO HAVE BETTER SUPPORT, IN MY OPINION.

YOU KNOW, RECOVERY IS FOREVER LONG.

IT'S AN ONGOING JOURNEY FOR ANY INDIVIDUAL.

I THINK THE SUPPORT FROM WHAT THE STATE CAN DO NEEDS TO CONTINUE INTO THE RECOVERY WORK.

WE NEED TO KEEP PEOPLE ON THAT PATH AND KEEPING THEM IN LONGEVITY.

SO MY BILL WOULD ALLOW SOME OF THOSE DOLLARS TO SERVICE RECOVERY CARE.

>> AWESOME.

WELL, THAT IS ALL THE TIME WE HAVE FOR TODAY.

THANK YOU SO MUCH FOR TAKING THE TIME TO CONNECT WITH US, SENATOR.

>> THANK YOU SO MUCH.

>> AND WE WERE SPEAKING WITH STATE SENATOR NATALIYA FERNANDEZ, REPRESENTING THE 34TH STATE SENATE DISTRICT IN THE BRONX AND WESTCHESTER.

[ THEME MUSIC ] >> ON TUESDAY, MAY 19TH, THE LEGISLATIVE CORRESPONDENTS ASSOCIATION WILL BE HOSTING OUR ANNUAL LCA SHOW.

THIS IS A YEARLY COMEDY SHOW POKING FUN AT ELECTED OFFICIALS AND THE BIGGEST POLITICAL OFFENSE OF THE YEAR.

THIS YEAR'S SHOW IS EXTRA SPECIAL BECAUSE WE'LL HAVE REBUTTALS FROM INCUMBENT GOVERNOR KATHIE HOCHUL AS WELL AS REPUBLICAN NOMINEE BRUCE BLAKEMAN.

YOU CAN LEARN MORE ABOUT THE SHOW AND HOW TO GET TICKETS ON OUR WEBSITE.

THAT'S AT NYNOW.ORG.

WELL, THAT DOES IT FOR THIS EDITION OF "NEW YORK NOW."

THANK YOU FOR TUNING IN AND SEE YOU NEXT WEEK.

[ THEME MUSIC ] >>ANNOUNCER: FUNDING FOR "NEW YORK NOW" IS PROVIDED BY WNET.