SENATE PASSES LEGISLATION TO COMBAT TERRORISM

Monday, September 17, 2001

The New York State Senate today passed a package of bills, submitted by Governor George Pataki, that would make New York State�s anti-terrorism laws the toughest in the nation.

"As we try to get on with our lives and our work in the aftermath of the World Trade Center tragedy, we have to focus on providing as much support as possible to the recovery and cleanup efforts and, as lawmakers, we must update our laws to discourage terrorism and severely punish terrorists," Senate Majority Leader Joseph L. Bruno said. "These measures will combat every aspect of terrorism, whether it�s committing terrorism, supporting terrorists or hindering the prosecution of terrorists. Another bill would enable the State to join with other states in a mutual partnership to provide aid and assistance in times of emergency."

NEW TERRORISM OFFENSES (S.2 of Extraordinary Session 2)
"Last week terrorism hit home for New Yorkers and threatened the safety and security of everyone in the state and throughout the country", Senator Michael Balboni (R-C, Mineola), sponsor of the anti-terrorism bill said. "The anti-terrorism bill we passed is urgently needed to complement federal counter terrorist efforts and bring terrorists and their supporters to justice."
Provisions of the bill include:
1. Creating the Crime of terrorism. A person is guilty of this offense when he or she commits a "specified offense" with intent to accomplish one of the following three goals: 1) intimidate or coerce a civilian population; 2) influence the policy of a unit of government; or 3) affect the conduct of a unit of government.
A "specified offense" is any class A felony (other than a drug offense), any violent felony offense, manslaughter in the second degree, criminal tampering in the first degree, or an attempt or conspiracy to commit any of the specified offenses.
If the specified offense is a class B, C, D or E felony, the punishment shall be one category higher. For example, a person who commits Assault in the first degree, a class B violent felony (punishable by up to 25 years in state prison) with the intent to intimidate or coerce a civilian population will be subject to a class A-I felony sentence (punishable by up to life in state prison.) If the underlying specified offense is itself a class A-I felony offense, then the minimum punishment must be life imprisonment without parole. If the specified offense is murder in the first degree, a sentence of death is authorized.
2. Making a terrorist threat. A person is guilty of this offense when he or she threatens to commit a crime of terrorism (see #1 above) and thereby causes a reasonable expectation or fear of the imminent commission of such offense. This offense is punishable as a class D violent felony, with a sentence of up to 7 years in state prison.
3. Soliciting or providing support for an act of terrorism in the first degree. A person is guilty of this offense when he or she solicits or provides material support or resources in New York, with a value in excess of $1,000, and intends that such will be used in any phase of committing, concealing, or escaping from an act of terrorism, regardless of where the act of terrorism was committed or intended to be committed. This offense is punishable as a class C violent felony offense, with a sentence of up to 15 years in state prison.
4. Soliciting or providing support for an act of terrorism in the second degree. This offense covers the same pernicious activities as the second degree offense (see # 3 above), without regard to the value of the material support or resources. This offense is punishable as a class D violent felony offense, with a sentence of up to 7 years in state prison.
5 . Hindering prosecution of terrorism in the first degree. A person is guilty of this offense when he or she renders criminal assistance to a person who has committed an act of terrorism that resulted in death, knowing or believing that the person has engaged in such conduct. A person "renders criminal assistance" when he or she harbors or conceals a terrorist, provides a terrorist with money, transportation or a weapon, or suppresses physical evidence, among other types of assistance. This offense is punishable as a class B violent felony offense, with a sentence of up to 25 years in state prison.
6. Hindering prosecution of terrorism in the second degree. This offense covers the same activities as the second degree offense (see # 5 above), without regard to whether the act of terrorism resulted in the death of another person. This offense is punishable as a class C violent felony offense, with a sentence of up to 15 years in state prison.

Revision to the Death Penalty Statute.
The legislation will also amend the death penalty statute to make a person who intentionally murders another person in furtherance of an act of terrorism eligible for the death penalty. Under current law, the commission of such a heinous murder is not a sufficient basis for the death penalty.

FALSELY REPORTING AN INCIDENT AND PLACING A FALSE BOMB THREAT (S.3 of Extraordinary Session 2)
"In light of the tragedy at the World Trade Center, we have to do everything we can to strengthen our laws, not only against terrorists, but against people who cause panic and disruption by placing false bomb reports," Senator Thomas Morahan (R-C, New City), sponsor of the false bomb threat legislation, said. "A false bomb threat was placed at the Palisades Center mall in my district and similar incidents have happened across the state. Cracking down on these incidents takes on even more importance given what happened last week."
1. Enhancing penalties for those who falsely report an incident. Under the new law, a person who falsely reports a bomb threat in any public building will be treated as a violent felon subject to up to seven years in state prison.
2. Enhancing penalties for those who place a false bomb. Under the new law, a person who places any device that appears to be a bomb but is not in fact operational in any public building will be treated as a violent felon also subject to up to seven years in prison.

Eavesdropping and Video Surveillance Warrants
To further enhance public safety, the legislative package adds the new crimes that are created by the terrorism bill, as well as falsely reporting an incident and placing a false bomb, to the list of designated offenses that enable law enforcement authorities to obtain eavesdropping or video surveillance warrants.

EMERGENCY MANAGEMENT ASSISTANCE COMPACT ("EMAC") (S.1 of Extraordinary Session 2)
"So many individuals, not just from our neighboring states, but from all over the nation have pitched in to help in the recovery efforts and responded to the needs of New Yorkers in this time of crisis," Senator Ronald B. Stafford (R-C, Plattsburgh), sponsor of the EMAC legislation, said. "By joining EMAC, member states are able to quickly ask for and receive a broader scope of emergency services from other member states in an emergency."
Additionally, the Senate passed legislation that enables New York State to join EMAC, a mutual aid agreement between membership states. Approved by Congress in 1996, 34 states and the territory of Puerto Rico have ratified EMAC. Member states include Connecticut, Pennsylvania, Vermont, New Hampshire, Delaware, Maryland, Virginia and Florida. To become a member of EMAC, a state must pass legislation approving the compact. The emergency forces of any state offering assistance to another state are afforded the same rights, duties and privileges as the emergency personnel of the home state (except for the power of arrest).
EMAC provides for clear, predictable and standardized operating procedures for member states. Officers of the state offering assistance are considered agents of the state requesting assistance for purposes of tort liability and immunity. Thus, states offering assistance and their employees and officers cannot be held liable with respect to good faith acts or omissions committed in providing assistance within another member state. Member states are required to provide for the payment of compensation or death benefits to injured members of their own emergency forces, to the extent that any injuries are sustained while assisting in an emergency in another state, as if the injuries were sustained in the employee�s home state. EMAC requires the state requesting assistance to reimburse other member states for expenses incurred in responding to an emergency, but also permits the states offering assistance to assume, in whole or in part, any loss, expense or other cost.

The bills were sent to the Assembly.

[BIOGRAPHY] [DISTRICT MAP] [PHOTO GALLERY] [LEGISLATION] [CONSTITUENT SERVICES] [YOUR OPINION COUNTS] [GUESTBOOK] [PRIVACY POLICY] [SENATE INSIDER] [CONTACT INFO] [HOME/NEWS]