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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8591A
SPONSOR: Lancman (MS) 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
activity, New Yorkers are encouraged to, "if you see something, say
something." 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.
STATE OF NEW YORK
________________________________________________________________________
8591--A
2007-2008 Regular Sessions
IN ASSEMBLY
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 § 2. The penal law is amended by adding a new section 490.01 to read
4 as follows:
5 § 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 § 3. This act shall take effect immediately.
