LAWS OF NEW YORK, 2001
CHAPTER 300
Antiterrorism
EXPLANATION—Matter in italics is new; matter in brackets [
old law to be omitted.
LAWS OF NEW YORK, 2001
CHAPTER 300
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
Became a law September 17, 2001, with the approval of the
Governor. Passed on message of necessity pursuant to Article
III, section 14 of the Constitution by a majority vote,
three-fifths being present.
The People of the State of New York, represented in
Senate and Assem-
bly, do enact as follows:
Section 1. This act shall be known and may be cited as the
"anti-ter-
rorism act of 2001".
§ 2. Paragraphs (a), (b) and (c) of subdivision 1 of
section 70.02 of
the penal law, paragraphs (a) and (b) as amended by chapter
33 of the
laws of 1999 and paragraph (c) as amended by chapter 189
of the laws of
2000, are amended to read as follows:
(a) Class B violent felony offenses: an attempt to commit
the class
A-I felonies of murder in the second degree as defined in
section
125.25, kidnapping in the first degree as defined in section
135.25, and
arson in the first degree as defined in section 150.20;
manslaughter in
the first degree as defined in section 125.20, rape in the
first degree
as defined in section 130.35, sodomy in the first degree
as defined in
section 130.50, aggravated sexual abuse in the first degree
as defined
in section 130.70, course of sexual conduct against a child
in the first
degree as defined in section 130.75; assault in the first
degree as
defined in section 120.10, kidnapping in the second degree
as defined in
section 135.20, burglary in the first degree as defined
in section
140.30, arson in the second degree as defined in section
150.15, robbery
in the first degree as defined in section 160.15, criminal
possession of
a dangerous weapon in the first degree as defined in section
265.04,
criminal use of a firearm in the first degree as defined
in section
265.09, criminal sale of a firearm in the first degree as
defined in
section 265.13, aggravated assault upon a police officer
or a peace
officer as defined in section 120.11, gang assault in the
first degree
as defined in section 120.07, [and ]
intimidating a victim or witness in
the first degree as defined in section 215.17, and
hindering prosecution
of terrorism in the first degree as defined in section
490.35.
(b) Class C violent felony offenses: an attempt to commit
any of the
class B felonies set forth in paragraph (a); aggravated
sexual abuse in
the second degree as defined in section 130.67, assault
on a peace offi-
cer, police officer, fireman or emergency medical services
professional
as defined in section 120.08, gang assault in the second
degree as
defined in section 120.06, burglary in the second degree
as defined in
section 140.25, robbery in the second degree as defined
in section
160.10, criminal possession of a weapon in the second degree
as defined
in section 265.03, criminal use of a firearm in the second
degree as
defined in section 265.08, criminal sale of a firearm in
the second
degree as defined in section 265.12 [and
], criminal sale of a firearm
with the aid of a minor as defined in section 265.14,
soliciting or
providing support for an act of terrorism in the first
degree as defined
in section 490.15 and hindering prosecution of terrorism
in the second
degree as defined in section 490.30.
(c) Class D violent felony offenses: an attempt to commit
any of the
class C felonies set forth in paragraph (b); assault in
the second
degree as defined in section 120.05, stalking in the first
degree, as
defined in subdivision one of section 120.60, sexual abuse
in the first
degree as defined in section 130.65, course of sexual conduct
against a
child in the second degree as defined in section 130.80,
aggravated
sexual abuse in the third degree as defined in section 130.66,
criminal
possession of a weapon in the third degree as defined in
subdivision
four, five, six, seven or eight of section 265.02, [and
] intimidating a
victim or witness in the second degree as defined in section
215.16,
soliciting or providing support for an act of terrorism
in the second
degree as defined in section 490.10, and making a
terroristic threat as
defined in section 490.20.
§ 3. Subparagraph (xii) of paragraph (a) of subdivision
1 of section
125.27 of the penal law, as added by chapter 1 of the laws
of 1995, is
amended and a new subparagraph (xiii) is added to read as
follows:
(xii) the intended victim was a judge as defined in subdivision
twen-
ty-three of section 1.20 of the criminal procedure law and
the defendant
killed such victim because such victim was, at the time
of the killing,
a judge; [and ] or
(xiii) the victim was killed in furtherance of an
act of terrorism, as
defined in paragraph (b) of subdivision one of section
490.05 of this
chapter; and
§ 4. Part 4 of the penal law is amended by adding a
new title Y-1 to
read as follows:
TITLE Y-1
ARTICLE 490
TERRORISM
Section 490.00 Legislative findings.
490.05 Definitions.
490.10 Soliciting or providing support for an act
of terrorismin the second degree.
490.15 Soliciting or providing support for an act
of terrorismin the first degree.
490.20 Making a terroristic threat.
490.25 Crime of terrorism.
490.30 Hindering prosecution of terrorism in the second
degree.
490.35 Hindering prosecution of terrorism in the first
degree.
§ 490.00 Legislative findings.
The devastating consequences of the recent barbaric
attack on the
World Trade Center and the Pentagon underscore the
compelling need for
legislation that is specifically designed to combat
the evils of terror-
ism. Indeed, the bombings of American embassies in
Kenya and Tanzania in
1998, the federal building in Oklahoma City in 1995,
Pan Am Flight
number 103 in Lockerbie in 1988, the 1997 shooting
atop the Empire State
Building, the 1994 murder of Ari Halberstam on the
Brooklyn Bridge and
the 1993 bombing of the World Trade Center, will forever
serve to remind
us that terrorism is a serious and deadly problem
that disrupts public
order and threatens individual safety both at home
and around the world.
Terrorism is inconsistent with civilized society and
cannot be toler-
ated.
Although certain federal laws seek to curb the incidence
of terrorism,
there are no corresponding state laws that facilitate
the prosecution
and punishment of terrorists in state courts. Inexplicably,
there is
also no criminal penalty in this state for a person
who solicits or
raises funds for, or provides other material support
or resources to,
those who commit or encourage the commission of horrific
and cowardly
acts of terrorism. Nor do our criminal laws proscribe
the making of
terrorist threats or punish with appropriate severity
those who hinder
the prosecution of terrorists. Finally, our death
penalty statute must
be strengthened so that the cold-blooded execution
of an individual for
terrorist purposes is a capital offense.
A comprehensive state law is urgently needed to complement
federal
laws in the fight against terrorism and to better
protect all citizens
against terrorist acts. Accordingly, the legislature
finds that our
laws must be strengthened to ensure that terrorists,
as well as those
who solicit or provide financial and other support
to terrorists, are
prosecuted and punished in state courts with appropriate
severity.
§ 490.05 Definitions.
As used in this article, the following terms shall
mean and include:
1. "Act of terrorism":
(a) for purposes of this article means an act or acts
constituting a
specified offense as defined in subdivision three
of this section for
which a person may be convicted in the criminal courts
of this state
pursuant to article twenty of the criminal procedure
law, or an act or
acts constituting an offense in any other jurisdiction
within or outside
the territorial boundaries of the United States which
contains all of
the essential elements of a specified offense, that
is intended to:
(i) intimidate or coerce a civilian population;
(ii) influence the policy of a unit of government
by intimidation or
coercion; or
(iii) affect the conduct of a unit of government by
murder, assassi-
nation or kidnapping; or
(b) for purposes of subparagraph (xiii) of paragraph
(a) of subdivi-
sion one of section 125.27 of this chapter means activities
that involve
a violent act or acts dangerous to human life that
are in violation of
the criminal laws of this state and are intended to:
(i) intimidate or coerce a civilian population;
(ii) influence the policy of a unit of government
by intimidation or
coercion; or
(iii) affect the conduct of a unit of government by
murder, assassi-
nation or kidnapping.
2. "Material support or resources" means
currency or other financial
securities, financial services, lodging, training,
safehouses, false
documentation or identification, communications equipment,
facilities,
weapons, lethal substances, explosives, personnel,
transportation, and
other physical assets, except medicine or religious
materials.
3. "Specified offense" for purposes of this
article means a class A
felony offense other than an offense as defined in
article two hundred
twenty, a violent felony offense as defined in section
70.02,
manslaughter in the second degree as defined in section
125.15, criminal
tampering in the first degree as defined in section
145.20 of this chap-
ter, and includes an attempt or conspiracy to commit
any such offense.
4. "Renders criminal assistance" for purposes
of sections 490.30 and
490.35 of this article shall have the same meaning
as in section 205.50
of this chapter.
§ 490.10 Soliciting or providing support for
an act of terrorism in the
second degree.
A person commits soliciting or providing support for
an act of terror-
ism in the second degree when, with intent that material
support or
resources will be used, in whole or in part, to plan,
prepare, carry out
or aid in either an act of terrorism or the concealment
of, or an escape
from, an act of terrorism, he or she raises, solicits,
collects or
provides material support or resources.
Soliciting or providing support for an act of terrorism
in the second
degree is a class D felony.
§ 490.15 Soliciting or providing support for
an act of terrorism in the
first degree.
A person commits soliciting or providing support for
an act of terror-
ism in the first degree when he or she commits the
crime of soliciting
or providing support for an act of terrorism in the
second degree and
the total value of material support or resources exceeds
one thousand
dollars.
Soliciting or providing support for an act of terrorism
in the first
degree is a class C felony.
§ 490.20 Making a terroristic threat.
1. A person is guilty of making a terroristic threat
when with intent
to intimidate or coerce a civilian population, influence
the policy of a
unit of government by intimidation or coercion, or
affect the conduct of
a unit of government by murder, assassination or kidnapping,
he or she
threatens to commit or cause to be committed a specified
offense and
thereby causes a reasonable expectation or fear of
the imminent commis-
sion of such offense.
2. It shall be no defense to a prosecution pursuant
to this section
that the defendant did not have the intent or capability
of committing
the specified offense or that the threat was not made
to a person who
was a subject thereof.
Making a terroristic threat is a class D felony.
§ 490.25 Crime of terrorism.
1. A person is guilty of a crime of terrorism when,
with intent to
intimidate or coerce a civilian population, influence
the policy of a
unit of government by intimidation or coercion, or
affect the conduct of
a unit of government by murder, assassination or kidnapping,
he or she
commits a specified offense.
2. Sentencing.
(a) When a person is convicted of a crime of terrorism
pursuant to
this section, and the specified offense is a class
B, C, D or E felony
offense, the crime of terrorism shall be deemed a
violent felony
offense.
(b) When a person is convicted of a crime of terrorism
pursuant to
this section, and the specified offense is a class
C, D or E felony
offense, the crime of terrorism shall be deemed to
be one category high-
er than the specified offense the defendant committed,
or one category
higher than the offense level applicable to the defendant's
conviction
for an attempt or conspiracy to commit the offense,
whichever is appli-
cable.
(c) When a person is convicted of a crime of terrorism
pursuant to
this section, and the specified offense is a class
B felony offense, the
crime of terrorism shall be deemed a class A-I felony
offense and the
sentence imposed upon conviction of such offense shall
be in accordance
with section 70.00 of this chapter.
(d) Notwithstanding any other provision of law, when
a person is
convicted of a crime of terrorism pursuant to this
section, and the
specified offense is a class A-I felony offense, the
sentence upon
conviction of such offense shall be life imprisonment
without parole;
provided, however, that nothing herein shall preclude
or prevent a
sentence of death when the specified offense is murder
in the first
degree as defined in section 125.27 of this chapter.
§ 490.30 Hindering prosecution of terrorism in
the second degree.
A person is guilty of hindering prosecution of terrorism
in the second
degree when he or she renders criminal assistance
to a person who has
committed an act of terrorism, knowing or believing
that such person
engaged in conduct constituting an act of terrorism.
Hindering prosecution of terrorism in the second degree
is a class C
felony.
§ 490.35 Hindering prosecution of terrorism in
the first degree.
A person is guilty of hindering prosecution of terrorism
in the first
degree when he or she renders criminal assistance
to a person who has
committed an act of terrorism that resulted in the
death of a person
other than one of the participants, knowing or believing
that such
person engaged in conduct constituting an act of terrorism.
Hindering prosecution of terrorism in the first degree
is a class B
felony.
§ 5. Subdivisions 4 and 7 of section 200.50 of the
criminal procedure
law, as amended by chapter 107 of the laws of 2000, are
amended to read
as follows:
4. A statement in each count that the grand jury, or, where
the accu-
satory instrument is a superior court information, the district
attor-
ney, accuses the defendant or defendants of a designated
offense,
provided that in any prosecution under article four hundred
eighty-five
of the penal law, the designated offense shall be the specified
offense,
as defined in subdivision three of section 485.05 of the
penal law,
followed by the phrase "as a hate crime",
and provided further that in
any prosecution under section 490.25 of the penal
law, the designated
offense shall be the specified offense, as defined
in subdivision three
of section 490.05 of the penal law, followed by the
phrase "as a crime
of terrorism"; and
7. A plain and concise factual statement in each count which,
without
allegations of an evidentiary nature,
(a) asserts facts supporting every element of the offense
charged and
the defendant's or defendants' commission thereof with sufficient
preci-
sion to clearly apprise the defendant or defendants of the
conduct which
is the subject of the accusation; and
(b) in the case of any armed felony, as defined in subdivision
forty-
one of section 1.20, states that such offense is an armed
felony and
specifies the particular implement the defendant or defendants
possessed, were armed with, used or displayed or, in the
case of an
implement displayed, specifies what the implement appeared
to be; and
(c) in the case of any hate crime, as defined in section
485.05 of the
penal law, specifies, as applicable, that the defendant
or defendants
intentionally selected the person against whom the offense
was committed
or intended to be committed; or intentionally committed
the act or acts
constituting the offense, in whole or in substantial part
because of a
belief or perception regarding the race, color, national
origin, ances-
try, gender, religion, religious practice, age, disability
or sexual
orientation of a person; and
(d) in the case of a crime of terrorism, as defined
in section 490.25
of the penal law, specifies, as applicable, that the
defendant or
defendants acted with intent to intimidate or coerce
a civilian popu-
lation, influence the policy of a unit of government
by intimidation or
coercion, or affect the conduct of a unit of government
by murder,
assassination or kidnapping; and
§ 6. Paragraph (d) of subdivision 7 of section 400.27
of the criminal
procedure law, as added by chapter 1 of the laws of 1995,
is amended to
read as follows:
(d) Whenever the people intend to offer evidence of an aggravating
factor set forth in this subdivision, the people must within
a reason-
able time prior to trial file with the court and serve upon
the defend-
ant a notice of intention to offer such evidence. Whenever
the people
intend to offer evidence of the aggravating factor set forth
in para-
graph [(b) ] (a) of
this subdivision, the people shall file with the
notice of intention to offer such evidence a statement setting
forth the
date and place of each of the alleged offenses in paragraph
[(b) ] (a) of
this subdivision. The provisions of section 400.15 of this
chapter,
except for subdivisions one and two thereof, shall be followed.
§ 7. Paragraph (a) of subdivision 7 of section 400.27
of the criminal
procedure law is REPEALED and paragraphs (b), (c) and (d)
are relettered
paragraphs (a), (b) and (c).
§ 8. Subdivision 8 of section 700.05 of the criminal
procedure law is
amended by adding a new paragraph (q) to read as follows:
(q) Soliciting or providing support for an act of
terrorism in the
second degree as defined in section 490.10 of the
penal law, soliciting
or providing support for an act of terrorism in the
first degree as
defined in section 490.15 of the penal law, making
a terroristic threat
as defined in section 490.20 of the penal law, crime
of terrorism as
defined in section 490.25 of the penal law, hindering
prosecution of
terrorism in the second degree as defined in section
490.30 of the penal
law, and hindering prosecution of terrorism in the
first degree as
defined in section 490.35 of the penal law.
§ 9. If any item, clause, sentence, subparagraph, subdivision,
section
or other part of this act, or the application thereof to
any person or
circumstances shall be held to be invalid, such holding
shall not
affect, impair or invalidate the remainder of this act,
or the applica-
tion of such section or part of a section held invalid,
to any other
person or circumstances, but shall be confined in its operation
to the
item, clause, sentence, subparagraph, subdivision, section
or other part
of this act directly involved in such holding, or to the
person and
circumstances therein involved.
§ 10. This act shall take effect immediately.
The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of
the Public
Officers Law, we hereby jointly certify that this slip copy
of this
session law was printed under our direction and, in accordance
with such
section, is entitled to be read into evidence.
| JOSEPH L. BRUNO | SHELDON SILVER |
| Temporary President of the Senate | Speaker of the Assembly |
Page last updated August 6, 2003