|
|
 |
|
|
Wednesday, October 24, 2001
Senate Majority Leader Joseph L. Bruno announced today that the New York State Senate passed legislation that would toughen the state�s criminal penalties for possessing a chemical or biological weapon with criminal intent. Under the provisions of the bill, which was proposed by Governor George Pataki, anyone convicted of that crime, or an attempt at that crime, would face a mandatory sentence of life in prison without parole.
"I have said that the September 11th terrorist attacks changed our lives forever, and increased the need for us to be more aware of our security and protecting our citizens," Senator Bruno said. "We are now living with the very real threat of bioterrorism. Several people in New York State have already been afflicted with or threatened by anthrax. The penalties in this bill will send a strong message that bioterrorism, or even the attempt at bioterrorism, will be punished severely."
"The first obligation of government is to protect the public," Senator Michael Balboni, sponsor of the legislation, said. "Biological and chemical weapons represent a grave threat to our state and nation, and every step must be taken to deter and punish those who commit crimes against humanity. This bill will more aggressively respond to bioterrorist threats, and thwart the use of weapons of mass destruction."
A person would be guilty of criminal possession of a chemical or biological weapon when he or she possesses such weapons with an intent to use or with knowledge that some person intends to use the weapon against another person for unlawful purposes. The offense is raised to a Class A-1 felony when the intent is to intimidate a civilian population; influence a policy of government; affect the conduct of government or cause physical injury or death to more than one person.
A person convicted of a Class A-1 felony of either criminal possession or criminal use of a chemical or biological weapon must be sentenced to life without parole. However, that person may be sentenced to death if he or she is convicted of murder in the first degree.
These new crimes are not to apply to household cleaning products, self defense sprays that are currently legal in New York State and chemical weapons possessed solely for a purpose not prohibited under the penal law.
In addition, the bill would define the crime of placing a false bomb to include the placing of a false hazardous substances and permit eavesdropping warrants to be issued in cases involving these new offenses.
The legislation passed today by the Senate, builds on the Governor�s Anti-Terrorism Act of 2001, that was enacted into law last month. That law created new categories of crimes relating to terrorism which are punishable with the death penalty.
The Senate also passed legislation that was enacted into law, that strengthens penalties for those who commit the crime of Falsely Reporting an Incident. Under the law, a person who initiates or circulates a report or warning of an alleged occurrence or impending occurrence of a fire, explosion or the release of a hazardous substance such as anthrax, may be sentenced to up to seven years in prison.
"These measures are critical to update New York�s criminal laws to address the very real threats of terrorism," Senator Bruno said. "We must do everything we can to prevent terrorism, as well as punish people who commit or threaten terrorist acts."
The bill was sent to the Assembly.
[BIOGRAPHY] [DISTRICT MAP] [PHOTO GALLERY] [LEGISLATION] [CONSTITUENT SERVICES] [YOUR OPINION COUNTS] [GUESTBOOK] [PRIVACY POLICY] [SENATE INSIDER] [CONTACT INFO] [HOME/NEWS]