-  This bill is not active in this session.
 

A08591 Summary:

BILL NO    A08591A

SAME AS    SAME AS S04383-C

SPONSOR    Lancman (MS)

COSPNSR    Weinstein, Lentol

MLTSPNSR   Bradley, Brook-Krasny, Burling, Calhoun, Christensen, Colton,
           Cymbrowitz, DelMonte, Fields, Finch, Galef, Glick, Gordon T, Gunther,
           Hooper, Jaffee, Kolb, Lavine, Lifton, Maisel, Markey, Mayersohn,
           McKevitt, Miller, Millman, Molinaro, Nolan, Pheffer, Quinn, Raia,
           Robinson, Scarborough, Spano, Sweeney, Thiele, Titone, Walker,
           Weisenberg

Add S490.01, Pen L

Enacts the "freedom to report terrorism act"; provides civil liability
protection ; provides that an action alleging that a statement or disclosure by
a person of any suspicious transaction, activity or occurrence indicating that
an individual may be engaging in or preparing to engage in suspicious behavior
which constitutes, is indicative of, or is in furtherance of, a crime or an act
of terrorism was not made in good faith and with the reasonable belief that
such suspicious behavior constitutes, is indicative of, or is in furtherance
of, a crime or an act of terrorism must be pled with particularity pursuant to
subdivision (b) of rule 3016 of the civil practice law and rules.
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A08591 Actions:

BILL NO    A08591A

05/21/2007 referred to codes
06/11/2007 amend (t) and recommit to codes
06/11/2007 print number 8591a
06/18/2007 reported referred to rules
06/21/2007 reported 
06/21/2007 rules report cal.761
06/21/2007 substituted by s4383c
           S04383  AMEND=C  SKELOS
           04/12/2007 REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
           04/23/2007 AMEND AND RECOMMIT TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
           04/23/2007 PRINT NUMBER 4383A
           05/15/2007 1ST REPORT CAL.1065
           05/16/2007 2ND REPORT CAL.
           05/21/2007 ADVANCED TO THIRD READING 
           05/29/2007 AMENDED ON THIRD READING (T) 4383B
           06/07/2007 PASSED SENATE
           06/07/2007 DELIVERED TO ASSEMBLY
           06/07/2007 referred to codes
           06/18/2007 RECALLED FROM ASSEMBLY
           06/18/2007 returned to senate
           06/18/2007 VOTE RECONSIDERED - RESTORED TO THIRD READING
           06/18/2007 AMENDED ON THIRD READING (T) 4383C
           06/21/2007 REPASSED SENATE
           06/21/2007 RETURNED TO ASSEMBLY
           06/21/2007 referred to codes
           06/21/2007 substituted for a8591a
           06/21/2007 ordered to third reading rules cal.761
           06/21/2007 passed assembly
           06/21/2007 returned to senate
           08/16/2007 DELIVERED TO GOVERNOR
           08/28/2007 SIGNED CHAP.651
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A08591 Votes:

There are no votes for this bill in this legislative session.
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A08591 Memo:

BILL NUMBER:A8591A

TITLE OF BILL:  An act to amend the penal law, in relation to enacting
the "freedom to report terrorism act"

PURPOSE OR GENERAL IDEA OF THE BILL: This bill would immunize individ-
uals who in good faith report suspected potential terrorist activity
from unfounded lawsuits, thereby encouraging New Yorkers who "see some-
thing" to "say something" and help law enforcement agencies protect us
from further terrorist attacks.

SUMMARY OF SPECIFIC PROVISIONS: The bill would add section 1027 to the
Civil Practice Law and Rules, and would provide (1) that individuals who
report suspicious, potentially terrorist activity in good faith cannot
be sued as a consequence, and (2) that suits against such individuals
alleging that the report was made in bad faith must be pleaded with
particularity.

JUSTIFICATION: When it comes to suspicious, potentially terrorist activ-
ity, New Yorkers are encouraged to, "if you see something, say some-
thing." But before they do so, they have a right to know that they won't
be sued for their efforts.

Unfortunately, this is exactly what is happening to passengers aboard a
US Airways flight bound from Minneapolis to Arizona in November 2006 who
alerted airline personnel to what they perceived to be suspicious activ-
ity on the part of six other passengers. For seeing something and then
saying something to airline personnel, these passengers are being
dragged into court.

Such lawsuits dissuade honest citizens from reporting suspicious, poten-
tially terrorist activity. Even if such cases are ultimately dismissed
the expense and inconvenience of defending against them is a strong
discouragement to those who might otherwise be willing to report suspi-
cious activity.

Similar legislation recently passed in the House of Representatives as
part of the Rail and Public Transportation Security Act of 2007 {H.R.
1401), except that the federal bill is limited to suspicious activity
connected to a transportation system. We in New York know from bitter
experience that terrorists do not confine their plots to our transporta-
tion system.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.
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A08591 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        8591--A

                              2007-2008 Regular Sessions

                                 I N  A S S E M B L Y

                                     May 21, 2007
                                      ___________

       Introduced  by  M. of A. LANCMAN, O'DONNELL, WEINSTEIN, LENTOL -- Multi-
         Sponsored by -- M. of  A.  BRADLEY,  BROOK-KRASNY,  BURLING,  CALHOUN,
         COLTON,  CYMBROWITZ, DelMONTE, FIELDS, FINCH, GALEF, GLICK, T. GORDON,
         GUNTHER, HOOPER, JAFFEE, KOLB, LAVINE, LIFTON, MAISEL, MARKEY,  MAYER-
         SOHN,  McKEVITT,  MILLER,  MILLMAN,  MOLINARO,  NOLAN, PHEFFER, QUINN,
         RAIA, ROBINSON, SCARBOROUGH, SPANO, SWEENEY, THIELE,  TITONE,  WALKER,
         WEISENBERG  --  read  once  and  referred to the Committee on Codes --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee

       AN  ACT  to amend the penal law, in relation to enacting the "freedom to
         report terrorism act"

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. This act shall be known and may be cited as the "freedom to
    2  report terrorism act".
    3    S  2.  The penal law is amended by adding a new section 490.01 to read
    4  as follows:
    5  S 490.01 LIABILITY PROTECTION.
    6    1. ANY PERSON WHO MAKES A QUALIFIED DISCLOSURE OF SUSPICIOUS  BEHAVIOR
    7  SHALL  BE  IMMUNE  FROM  CIVIL AND CRIMINAL LIABILITY FOR REPORTING SUCH
    8  BEHAVIOR.
    9    2. FOR PURPOSES OF THIS ARTICLE, "QUALIFIED DISCLOSURE  OF  SUSPICIOUS
   10  BEHAVIOR"  MEANS  ANY  DISCLOSURE  OF  ALLEGEDLY  SUSPICIOUS BEHAVIOR OF
   11  ANOTHER INDIVIDUAL OR INDIVIDUALS TO ANY PERSON THAT  IS  MADE  IN  GOOD
   12  FAITH  AND  WITH  THE  REASONABLE  BELIEF  THAT SUCH SUSPICIOUS BEHAVIOR
   13  CONSTITUTES, IS INDICATIVE OF, OR IS IN FURTHERANCE OF A CRIME OR AN ACT
   14  OF TERRORISM.
   15    3. AN ACTION ALLEGING THAT A STATEMENT OR DISCLOSURE BY  A  PERSON  OF
   16  ANY  SUSPICIOUS  TRANSACTION,  ACTIVITY OR OCCURRENCE INDICATING THAT AN
   17  INDIVIDUAL MAY BE ENGAGING IN  OR  PREPARING  TO  ENGAGE  IN  SUSPICIOUS
   18  BEHAVIOR WHICH CONSTITUTES, IS INDICATIVE OF, OR IS IN FURTHERANCE OF, A

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11180-11-7
       A. 8591--A                          2

    1  CRIME  OR  AN  ACT  OF TERRORISM WAS NOT MADE IN GOOD FAITH AND WITH THE
    2  REASONABLE BELIEF THAT SUCH SUSPICIOUS BEHAVIOR CONSTITUTES,  IS  INDIC-
    3  ATIVE  OF,  OR IS IN FURTHERANCE OF, A CRIME OR AN ACT OF TERRORISM MUST
    4  BE  PLED  WITH  PARTICULARITY  PURSUANT TO SUBDIVISION (B) OF RULE THREE
    5  THOUSAND SIXTEEN OF THE CIVIL PRACTICE LAW AND RULES.
    6    S 3. This act shall take effect immediately.
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