State Senator Mike Martucci recently introduced “Billy’s Law” (S.8181) in response to the tragic death of Assistant Chief Billy Steinberg’s line of duty death. Billy’s Law would add arson in the third and fourth degree as bail eligible offenses.
Steinberg died on January 15, responding to a house fire believed to be arson. The suspected arsonist, Mohammed Islam, 32, was charged with second-degree burglary and fourth-degree arson, both felonies, after a police investigation. Islam was previously arrested two days prior, and charged with arson and burglary for a January 10 fire. In both instances, Islam was released due to the strict criteria for holding someone with bail, as critics argue, which precludes third and fourth-degree arson.
Senator Alexis Weik hosted a press conference with members of her Republican Conference in the State Senate, including sponsor Senator Mike Martucci (R-North Hampton), Steinberg’s family, and local police and fire officials at the Brentwood Fire Department on 125 Fourth Street, Brentwood, on March 16.
“This can, unfortunately, be repeated,” Weik said of the tragic death, “throughout New York if we don’t do something about our bail reform.”
“The evidence is clear – the system has utterly failed us. My family and I are making a direct plea to the state Legislature to fix bail reform, so another family never has to endure this type of tragedy,” said father Jim Steinberg.
“As a volunteer firefighter of 25 years, I understand the vital necessity of passing ‘Billy’s Law,’ said Senator Phil Boyle (R-Bayshore). “We must act to protect not only New York’s firefighters but all of our residents who may be harmed when arsonists are released without bail.”
“Democrats sold [bail reform] as only covering low-level, non-violent crimes,” said Boyle. “Arson is violent – we have firefighters, such as Billy, who have lost their lives due to fires set by arsonists.”
Boyle went on to describe the ways in which regular New Yorkers from across our region and the state are being harmed by so-called bail reform laws.
“This is a very sad day – to sit there and see our parents and our loved ones passing away due to arsonists, that could have been prevented,” said Senator Mario Mattera (R-St. James).
Senator Mattera urged the legislature to go further by repealing bail reform in its entirety along with other recent legislation out of Albany that, critics argue, restricts the ability of police officers to do their jobs.
and Senator Mario Mattera gathered with fire and law enforcement officials.
When asked, Senator Martucci stated that what distinguishes this bill from past GOP efforts on the matter of bail, is that it has already picked up bipartisan support. He even added that it was introduced in the Assembly by a Democratic member.
Despite bipartisan support, all sponsors in the senate belong to the Republican conference thus far. “Again,” said Senator Anthony Palumbo, “this is an unnecessary loss of life.”
“When I brought this up this week on the Senate floor,” said Palumbo, “the members said, ‘Well, these are just anecdotal examples. People who have not been incarcerated are just as likely to commit a crime as someone who hasn’t.’”
“That’s not true.”
Martucci farther argued that even though arson in the third degree does not involve people on the premises of a property, firefighters must enter the premises to fight the fire.
“This bill would not be necessary if Speaker Heastie and Majority Leader Cousins and their caucuses realized the error of their ways and were willing to even discuss amending bail reform,” said Vice President of the Suffolk County Police Benevolence Association Lou Tutone. “They think bail reform is working out just fine for New York State.”
Nearly every uniformed police officer in Suffolk was represented by one of their union officials at the press conference, along with a strong showing of many local firehouses.
Proponents of the bail reform in New York, such as Senator Brad Holyman (D-Manhattan), argue that “thousands of New Yorkers languished in jail without being convicted of a crime simply because they could not afford to pay bail.”
Proponents also blame rising crime rates on gun laws and “national trends” outside of the state’s control.
The issues of crime and criminality are likely going to play a large role in this upcoming election cycle, with gubernatorial candidate Congressman Lee Zeldin (R-Shirley) placing a major emphasis on the topics in campaign literature.
Arson in the third degree is a class C felony, carrying a potential 15-year prison sentence. Under New York Penal Law § 150.10, arson in the third degree involves intentionally damaging a building or vehicle by the use of fire or by causing an explosion. Included in the definition of a ‘building’ is “any structure, vehicle or watercraft that is used for overnight lodging or for carrying on a business.”
Arson in the fourth degree is a class E felony, carrying a potential sentence of five years in prison. Under New York Penal Law § 135.55, you would have committed the crime of arson in the fourth degree if you recklessly damaged a building or a vehicle by intentionally starting a fire or causing an explosion.
