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Terrorism and Bioterrorism Resources

Bill Text   -   S70002
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                           S T A T E   O F   N E W   Y O R K                   
       ________________________________________________________________________
                                                                               
                                           2                                   
                                                                               
                             Second Extraordinary Session                      
                                                                               
                                   I N  S E N A T E                            
                                                                               
                                  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    S  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    S 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    S  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  S 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  S 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  S  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  S  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  S 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  S 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  S 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  S 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    S  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    S  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    S 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    S  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    S 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    S 10. This act shall take effect immediately.                         
.SO DOC S 70002         *END*                    BTXT                 2001     
 

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