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News (Media Awareness Project) - US NY: New Laws Proposed In Drug Fight
Title:US NY: New Laws Proposed In Drug Fight
Published On:2002-10-13
Source:Press & Sun Bulletin (NY)
Fetched On:2008-08-29 13:25:49
NEW LAWS PROPOSED IN DRUG FIGHT

Group Opposes Plea Bargaining

TIOGA CENTER -- When 19-year-old Steven Steiner Jr. died of a prescription
drug overdose almost two years ago, that tragic moment sent his father on a
mission to crack down on drug dealers.

Tioga Center resident Steven Steiner Sr., founder of Dads and Mad Moms
Against Drug Dealers, is now turning his attention to New York's drug laws.
He said the 30-year-old policies are ineffective.

"The laws aren't working when you're plea bargaining them out the door,"
Steiner said.

He posted his new proposal, Stevie's Law, last week on his organization's
Web site, www.dammadd.org. He said the proposal, which is based on federal
laws, would take away the power prosecutors wield in drug cases and put it
into the people's hands. It would set mandatory minimum sentences that
aren't subject to plea bargains.

Broome County District Attorney Gerald F. Mollen said he recognizes the
proposal's similarities to the federal system, but noted that even in that
system prosecutors have some discretion in charging suspects.

"It's difficult to eliminate plea bargaining," Mollen said.

Nor would Mollen want that discretion eliminated, but he said he is in
favor of a sentencing structure similar to the federal system. Stevie's Law
proposes several other changes to the laws, one of which would make drug
dealers liable for what happens to their customers. That means parents
whose children die from overdoses could sue drug dealers just as family
members have sued tobacco companies.

Detective Sgt. Patrick Isenburg, who supervises the Special Investigations
Unit for the Broome County Sheriff's Department, said he approves of
Steiner's liability proposal. He said hitting drug dealers in the
pocketbook could show them drug dealing isn't worth the money.

Another piece of the proposal would give extra time to those offenders who
committed other crimes simultaneously. It would also give loopholes to
first-time offenders if they comply with or aid law enforcement.

Isenburg said the proposal may remove the stigma associated with giving
criminal information to police because everyone would give information to
the police.

Still, Isenburg said he isn't sure Steiner's proposal will make it through
Albany smoothly.

"He's got a tough fight ahead of him," Isenburg said.

Stevie's Law also addresses dealing of prescription drugs by proposing an
up-to-the-minute monitoring program. People couldn't go to multiple doctors
to obtain large amounts of prescription medication undetected.

"No one would be able to go to five, six doctors at one time because red
flags would be going up -- in real time," Steiner said.

Stevie's Law also would make juvenile possession of tobacco illegal.
Currently, anyone under 18 cannot legally buy tobacco but can smoke it.

Mollen said he opposes Steiner's tobacco proposal because it would tax the
judicial system. He said there are better ways to deter underage smoking.

"The public health approach is the best way to do that through education,"
Mollen said.

Even though Mollen doesn't agree with all of Steiner's proposal, he said he
appreciates what Steiner is doing. He said organizations such as DAMMADD
that arise from tragedies can often lead to important changes and can bring
to light problems the general public may not know about.

"I'm happy to see him take up this particular cause," Mollen said.
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