Amd SS70.02 & 125.27, add Part 4 Title Y-1 SS490.00 490.35, Pen L; amd SS200.50, 400.27 & 700.05,rpld S400.27
sub 7 ô(a), CP L
Enacts the anti-terrorism act of 2001; provides criminal penalties for a crime of terrorism, soliciting or providing support for an act of terrorism, terroristic threats and hindering prosecution of terrorism; creates new article 490 in the penal law.
STATE OF NEW YORK
________________________________________________________________________
2
Second Extraordinary Session
IN SENATE
September 17, 2001
___________
Introduced by Sens. BALBONI, BRUNO, ALESI, BONACIC, BRESLIN, BROWN,
CONNOR, DEFRANCISCO, DOLLINGER, ESPADA, FARLEY, FUSCHILLO, GENTILE,
GONZALEZ, GOODMAN, HANNON, HASSELL-THOMPSON, HEVESI, HOFFMANN, JOHN-
SON, KRUGER, KUHL, LACHMAN, LACK, LARKIN, LAVALLE, LEIBELL, LIBOUS,
MALTESE, MARCELLINO, MARCHI, MARKOWITZ, MAZIARZ, MCGEE, MEIER, MENDEZ,
MONTGOMERY, MORAHAN, NOZZOLIO, ONORATO, OPPENHEIMER, PADAVAN, PATER-
SON, RATH, SALAND, SAMPSON, SANTIAGO, SCHNEIDERMAN, SEWARD, SKELOS,
A. SMITH, M. SMITH, SPANO, STACHOWSKI, STAFFORD, STAVISKY, TRUNZO,
VELELLA, VOLKER, WRIGHT -- (at request of the Governor) -- read twice
and ordered printed, and when printed to be committed to the Committee
on Rules
AN ACT to amend the penal law and the criminal procedure law, in
relation to criminal penalties for a crime of terrorism, soliciting or
providing support for an act of terrorism, terroristic threats, and
hindering prosecution of terrorism and to repeal certain provisions of
the criminal procedure law relating thereto
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 "anti-ter-
2 rorism act of 2001".
3 § 2. Paragraphs (a), (b) and (c) of subdivision 1 of section 70.02 of
4 the penal law, paragraphs (a) and (b) as amended by chapter 33 of the
5 laws of 1999 and paragraph (c) as amended by chapter 189 of the laws of
6 2000, are amended to read as follows:
7 (a) Class B violent felony offenses: an attempt to commit the class
8 A-I felonies of murder in the second degree as defined in section
9 125.25, kidnapping in the first degree as defined in section 135.25, and
10 arson in the first degree as defined in section 150.20; manslaughter in
11 the first degree as defined in section 125.20, rape in the first degree
12 as defined in section 130.35, sodomy in the first degree as defined in
13 section 130.50, aggravated sexual abuse in the first degree as defined
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12199-04-1
S. 2 2
1 in section 130.70, course of sexual conduct against a child in the first
2 degree as defined in section 130.75; assault in the first degree as
3 defined in section 120.10, kidnapping in the second degree as defined in
4 section 135.20, burglary in the first degree as defined in section
5 140.30, arson in the second degree as defined in section 150.15, robbery
6 in the first degree as defined in section 160.15, criminal possession of
7 a dangerous weapon in the first degree as defined in section 265.04,
8 criminal use of a firearm in the first degree as defined in section
9 265.09, criminal sale of a firearm in the first degree as defined in
10 section 265.13, aggravated assault upon a police officer or a peace
11 officer as defined in section 120.11, gang assault in the first degree
12 as defined in section 120.07, [and] intimidating a victim or witness in
13 the first degree as defined in section 215.17, and hindering prosecution
14 of terrorism in the first degree as defined in section 490.35.
15 (b) Class C violent felony offenses: an attempt to commit any of the
16 class B felonies set forth in paragraph (a); aggravated sexual abuse in
17 the second degree as defined in section 130.67, assault on a peace offi-
18 cer, police officer, fireman or emergency medical services professional
19 as defined in section 120.08, gang assault in the second degree as
20 defined in section 120.06, burglary in the second degree as defined in
21 section 140.25, robbery in the second degree as defined in section
22 160.10, criminal possession of a weapon in the second degree as defined
23 in section 265.03, criminal use of a firearm in the second degree as
24 defined in section 265.08, criminal sale of a firearm in the second
25 degree as defined in section 265.12 [and], criminal sale of a firearm
26 with the aid of a minor as defined in section 265.14, soliciting or
27 providing support for an act of terrorism in the first degree as defined
28 in section 490.15 and hindering prosecution of terrorism in the second
29 degree as defined in section 490.30.
30 (c) Class D violent felony offenses: an attempt to commit any of the
31 class C felonies set forth in paragraph (b); assault in the second
32 degree as defined in section 120.05, stalking in the first degree, as
33 defined in subdivision one of section 120.60, sexual abuse in the first
34 degree as defined in section 130.65, course of sexual conduct against a
35 child in the second degree as defined in section 130.80, aggravated
36 sexual abuse in the third degree as defined in section 130.66, criminal
37 possession of a weapon in the third degree as defined in subdivision
38 four, five, six, seven or eight of section 265.02, [and] intimidating a
39 victim or witness in the second degree as defined in section 215.16,
40 soliciting or providing support for an act of terrorism in the second
41 degree as defined in section 490.10, and making a terroristic threat as
42 defined in section 490.20.
43 § 3. Subparagraph (xii) of paragraph (a) of subdivision 1 of section
44 125.27 of the penal law, as added by chapter 1 of the laws of 1995, is
45 amended and a new subparagraph (xiii) is added to read as follows:
46 (xii) the intended victim was a judge as defined in subdivision twen-
47 ty-three of section 1.20 of the criminal procedure law and the defendant
48 killed such victim because such victim was, at the time of the killing,
49 a judge; [and] or
50 (xiii) the victim was killed in furtherance of an act of terrorism, as
51 defined in paragraph (b) of subdivision one of section 490.05 of this
52 chapter; and
53 § 4. Part 4 of the penal law is amended by adding a new title Y-1 to
54 read as follows:
S. 2 3
1 TITLE Y-1
2 ARTICLE 490
3 TERRORISM
4 Section 490.00 Legislative findings.
5 490.05 Definitions.
6 490.10 Soliciting or providing support for an act of terrorism
7 in the second degree.
8 490.15 Soliciting or providing support for an act of terrorism
9 in the first degree.
10 490.20 Making a terroristic threat.
11 490.25 Crime of terrorism.
12 490.30 Hindering prosecution of terrorism in the second degree.
13 490.35 Hindering prosecution of terrorism in the first degree.
14 § 490.00 Legislative findings.
15 The devastating consequences of the recent barbaric attack on the
16 World Trade Center and the Pentagon underscore the compelling need for
17 legislation that is specifically designed to combat the evils of terror-
18 ism. Indeed, the bombings of American embassies in Kenya and Tanzania in
19 1998, the federal building in Oklahoma City in 1995, Pan Am Flight
20 number 103 in Lockerbie in 1988, the 1997 shooting atop the Empire State
21 Building, the 1994 murder of Ari Halberstam on the Brooklyn Bridge and
22 the 1993 bombing of the World Trade Center, will forever serve to remind
23 us that terrorism is a serious and deadly problem that disrupts public
24 order and threatens individual safety both at home and around the world.
25 Terrorism is inconsistent with civilized society and cannot be toler-
26 ated.
27 Although certain federal laws seek to curb the incidence of terrorism,
28 there are no corresponding state laws that facilitate the prosecution
29 and punishment of terrorists in state courts. Inexplicably, there is
30 also no criminal penalty in this state for a person who solicits or
31 raises funds for, or provides other material support or resources to,
32 those who commit or encourage the commission of horrific and cowardly
33 acts of terrorism. Nor do our criminal laws proscribe the making of
34 terrorist threats or punish with appropriate severity those who hinder
35 the prosecution of terrorists. Finally, our death penalty statute must
36 be strengthened so that the cold-blooded execution of an individual for
37 terrorist purposes is a capital offense.
38 A comprehensive state law is urgently needed to complement federal
39 laws in the fight against terrorism and to better protect all citizens
40 against terrorist acts. Accordingly, the legislature finds that our
41 laws must be strengthened to ensure that terrorists, as well as those
42 who solicit or provide financial and other support to terrorists, are
43 prosecuted and punished in state courts with appropriate severity.
44 § 490.05 Definitions.
45 As used in this article, the following terms shall mean and include:
46 1. "Act of terrorism":
47 (a) for purposes of this article means an act or acts constituting a
48 specified offense as defined in subdivision three of this section for
49 which a person may be convicted in the criminal courts of this state
50 pursuant to article twenty of the criminal procedure law, or an act or
51 acts constituting an offense in any other jurisdiction within or outside
52 the territorial boundaries of the United States which contains all of
53 the essential elements of a specified offense, that is intended to:
54 (i) intimidate or coerce a civilian population;
S. 2 4
1 (ii) influence the policy of a unit of government by intimidation or
2 coercion; or
3 (iii) affect the conduct of a unit of government by murder, assassi-
4 nation or kidnapping; or
5 (b) for purposes of subparagraph (xiii) of paragraph (a) of subdivi-
6 sion one of section 125.27 of this chapter means activities that involve
7 a violent act or acts dangerous to human life that are in violation of
8 the criminal laws of this state and are intended to:
9 (i) intimidate or coerce a civilian population;
10 (ii) influence the policy of a unit of government by intimidation or
11 coercion; or
12 (iii) affect the conduct of a unit of government by murder, assassi-
13 nation or kidnapping.
14 2. "Material support or resources" means currency or other financial
15 securities, financial services, lodging, training, safehouses, false
16 documentation or identification, communications equipment, facilities,
17 weapons, lethal substances, explosives, personnel, transportation, and
18 other physical assets, except medicine or religious materials.
19 3. "Specified offense" for purposes of this article means a class A
20 felony offense other than an offense as defined in article two hundred
21 twenty, a violent felony offense as defined in section 70.02,
22 manslaughter in the second degree as defined in section 125.15, criminal
23 tampering in the first degree as defined in section 145.20 of this chap-
24 ter, and includes an attempt or conspiracy to commit any such offense.
25 4. "Renders criminal assistance" for purposes of sections 490.30 and
26 490.35 of this article shall have the same meaning as in section 205.50
27 of this chapter.
28 § 490.10 Soliciting or providing support for an act of terrorism in the
29 second degree.
30 A person commits soliciting or providing support for an act of terror-
31 ism in the second degree when, with intent that material support or
32 resources will be used, in whole or in part, to plan, prepare, carry out
33 or aid in either an act of terrorism or the concealment of, or an escape
34 from, an act of terrorism, he or she raises, solicits, collects or
35 provides material support or resources.
36 Soliciting or providing support for an act of terrorism in the second
37 degree is a class D felony.
38 § 490.15 Soliciting or providing support for an act of terrorism in the
39 first degree.
40 A person commits soliciting or providing support for an act of terror-
41 ism in the first degree when he or she commits the crime of soliciting
42 or providing support for an act of terrorism in the second degree and
43 the total value of material support or resources exceeds one thousand
44 dollars.
45 Soliciting or providing support for an act of terrorism in the first
46 degree is a class C felony.
47 § 490.20 Making a terroristic threat.
48 1. A person is guilty of making a terroristic threat when with intent
49 to intimidate or coerce a civilian population, influence the policy of a
50 unit of government by intimidation or coercion, or affect the conduct of
51 a unit of government by murder, assassination or kidnapping, he or she
52 threatens to commit or cause to be committed a specified offense and
53 thereby causes a reasonable expectation or fear of the imminent commis-
54 sion of such offense.
55 2. It shall be no defense to a prosecution pursuant to this section
56 that the defendant did not have the intent or capability of committing
S. 2 5
1 the specified offense or that the threat was not made to a person who
2 was a subject thereof.
3 Making a terroristic threat is a class D felony.
4 § 490.25 Crime of terrorism.
5 1. A person is guilty of a crime of terrorism when, with intent to
6 intimidate or coerce a civilian population, influence the policy of a
7 unit of government by intimidation or coercion, or affect the conduct of
8 a unit of government by murder, assassination or kidnapping, he or she
9 commits a specified offense.
10 2. Sentencing.
11 (a) When a person is convicted of a crime of terrorism pursuant to
12 this section, and the specified offense is a class B, C, D or E felony
13 offense, the crime of terrorism shall be deemed a violent felony
14 offense.
15 (b) When a person is convicted of a crime of terrorism pursuant to
16 this section, and the specified offense is a class C, D or E felony
17 offense, the crime of terrorism shall be deemed to be one category high-
18 er than the specified offense the defendant committed, or one category
19 higher than the offense level applicable to the defendant's conviction
20 for an attempt or conspiracy to commit the offense, whichever is appli-
21 cable.
22 (c) When a person is convicted of a crime of terrorism pursuant to
23 this section, and the specified offense is a class B felony offense, the
24 crime of terrorism shall be deemed a class A-I felony offense and the
25 sentence imposed upon conviction of such offense shall be in accordance
26 with section 70.00 of this chapter.
27 (d) Notwithstanding any other provision of law, when a person is
28 convicted of a crime of terrorism pursuant to this section, and the
29 specified offense is a class A-I felony offense, the sentence upon
30 conviction of such offense shall be life imprisonment without parole;
31 provided, however, that nothing herein shall preclude or prevent a
32 sentence of death when the specified offense is murder in the first
33 degree as defined in section 125.27 of this chapter.
34 § 490.30 Hindering prosecution of terrorism in the second degree.
35 A person is guilty of hindering prosecution of terrorism in the second
36 degree when he or she renders criminal assistance to a person who has
37 committed an act of terrorism, knowing or believing that such person
38 engaged in conduct constituting an act of terrorism.
39 Hindering prosecution of terrorism in the second degree is a class C
40 felony.
41 § 490.35 Hindering prosecution of terrorism in the first degree.
42 A person is guilty of hindering prosecution of terrorism in the first
43 degree when he or she renders criminal assistance to a person who has
44 committed an act of terrorism that resulted in the death of a person
45 other than one of the participants, knowing or believing that such
46 person engaged in conduct constituting an act of terrorism.
47 Hindering prosecution of terrorism in the first degree is a class B
48 felony.
49 § 5. Subdivisions 4 and 7 of section 200.50 of the criminal procedure
50 law, as amended by chapter 107 of the laws of 2000, are amended to read
51 as follows:
52 4. A statement in each count that the grand jury, or, where the accu-
53 satory instrument is a superior court information, the district attor-
54 ney, accuses the defendant or defendants of a designated offense,
55 provided that in any prosecution under article four hundred eighty-five
56 of the penal law, the designated offense shall be the specified offense,
S. 2 6
1 as defined in subdivision three of section 485.05 of the penal law,
2 followed by the phrase "as a hate crime", and provided further that in
3 any prosecution under section 490.25 of the penal law, the designated
4 offense shall be the specified offense, as defined in subdivision three
5 of section 490.05 of the penal law, followed by the phrase "as a crime
6 of terrorism"; and
7 7. A plain and concise factual statement in each count which, without
8 allegations of an evidentiary nature,
9 (a) asserts facts supporting every element of the offense charged and
10 the defendant's or defendants' commission thereof with sufficient preci-
11 sion to clearly apprise the defendant or defendants of the conduct which
12 is the subject of the accusation; and
13 (b) in the case of any armed felony, as defined in subdivision forty-
14 one of section 1.20, states that such offense is an armed felony and
15 specifies the particular implement the defendant or defendants
16 possessed, were armed with, used or displayed or, in the case of an
17 implement displayed, specifies what the implement appeared to be; and
18 (c) in the case of any hate crime, as defined in section 485.05 of the
19 penal law, specifies, as applicable, that the defendant or defendants
20 intentionally selected the person against whom the offense was committed
21 or intended to be committed; or intentionally committed the act or acts
22 constituting the offense, in whole or in substantial part because of a
23 belief or perception regarding the race, color, national origin, ances-
24 try, gender, religion, religious practice, age, disability or sexual
25 orientation of a person; and
26 (d) in the case of a crime of terrorism, as defined in section 490.25
27 of the penal law, specifies, as applicable, that the defendant or
28 defendants acted with intent to intimidate or coerce a civilian popu-
29 lation, influence the policy of a unit of government by intimidation or
30 coercion, or affect the conduct of a unit of government by murder,
31 assassination or kidnapping; and
32 § 6. Paragraph (d) of subdivision 7 of section 400.27 of the criminal
33 procedure law, as added by chapter 1 of the laws of 1995, is amended to
34 read as follows:
35 (d) Whenever the people intend to offer evidence of an aggravating
36 factor set forth in this subdivision, the people must within a reason-
37 able time prior to trial file with the court and serve upon the defend-
38 ant a notice of intention to offer such evidence. Whenever the people
39 intend to offer evidence of the aggravating factor set forth in para-
40 graph [(b)] (a) of this subdivision, the people shall file with the
41 notice of intention to offer such evidence a statement setting forth the
42 date and place of each of the alleged offenses in paragraph [(b)] (a) of
43 this subdivision. The provisions of section 400.15 of this chapter,
44 except for subdivisions one and two thereof, shall be followed.
45 § 7. Paragraph (a) of subdivision 7 of section 400.27 of the criminal
46 procedure law is REPEALED and paragraphs (b), (c) and (d) are relettered
47 paragraphs (a), (b) and (c).
48 § 8. Subdivision 8 of section 700.05 of the criminal procedure law is
49 amended by adding a new paragraph (q) to read as follows:
50 (q) Soliciting or providing support for an act of terrorism in the
51 second degree as defined in section 490.10 of the penal law, soliciting
52 or providing support for an act of terrorism in the first degree as
53 defined in section 490.15 of the penal law, making a terroristic threat
54 as defined in section 490.20 of the penal law, crime of terrorism as
55 defined in section 490.25 of the penal law, hindering prosecution of
56 terrorism in the second degree as defined in section 490.30 of the penal
S. 2 7
1 law, and hindering prosecution of terrorism in the first degree as
2 defined in section 490.35 of the penal law.
3 § 9. If any item, clause, sentence, subparagraph, subdivision, section
4 or other part of this act, or the application thereof to any person or
5 circumstances shall be held to be invalid, such holding shall not
6 affect, impair or invalidate the remainder of this act, or the applica-
7 tion of such section or part of a section held invalid, to any other
8 person or circumstances, but shall be confined in its operation to the
9 item, clause, sentence, subparagraph, subdivision, section or other part
10 of this act directly involved in such holding, or to the person and
11 circumstances therein involved.
12 § 10. This act shall take effect immediately.
