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Senator Bruno announces the Senate Majority's anti-terrorism efforts at a Capitol news conference. |
Train Bombings in Spain Serves As Chilling Reminder / Bills Would Crack Down on Cyber-Terroism, Bio-Terrorism and Agri-Terrorism
Tuesday, March 16, 2004
The New York State Senate today passed a package of legislation that would give New York the toughest, most comprehensive anti-terrorism laws in the nation, including bills that would fight cyber-terrorism, agri-terrorism and bio-terrorism.
"Unfortunately, we live in a time where we need to be prepared for the unthinkable," said Senate Majority Leader Joseph L. Bruno. "Just last week, a tragic terrorist bombing at a train station in Spain took the lives of almost 200 people and injured more than 1,400. This should serve as a chilling reminder to us that we need to be prepared, as the threat against our nation is still very real.
"Governor Pataki has provided extraordinary leadership, not only in responding to the terrorist attacks on New York, but doing everything possible to prevent terrorism and to prepare to respond to any future incidents," Senator Bruno said. "The Senate passed these bills, which include a comprehensive Governor�s Program Bill, in response to a need for ongoing vigilance in order to prevent future terrorist attacks, give law enforcement officials the resources they need to pursue, capture, and punish terrorists, and most importantly, give people greater peace of mind."
"The attacks in Spain are a wake-up call to anyone who thinks 9/11 was a one-time event," said Senator Michael A.L. Balboni (R-Mineola), Chair of the Senate Committee on Veterans, Homeland Security and Military Affairs. "Instead of Madrid, the next target could be our own citizens commuting to work in Mineola, Albany or Manhattan. In order to be safe, we need to be vigilant."
The package of anti-terrorism and homeland security bills would:
> Criminalize the possession and use of chemical or biological weapons;
> Create the crime of money laundering for terrorism to help cut off money that fuels terrorism;
> Create new anti-terrorism crimes targeting cyber-terrorism to protect vital information that is contained or transmitted by computer;
> Establish the first legislation in the nation to preserve the integrity of New York�s food production industry and food supply chain by creating measures against agri-terrorism;
> Strengthen the authority of law enforcement to apprehend and prosecute terrorists through increased surveillance authority and by eliminating the statute of limitations for the prosecution of terrorist offenses;
> Create new offenses to punish individuals who place false hazardous materials or devices, with the intent to cause public harm;
> Increase penalties for stealing identification and impersonating public officials, especially as it relates to protecting transportation facilities; and
> Establish measures to protect our water supply by making it a crime to intentionally defile drinking water supplies to cause sickness, injury or death.
A Governor�s Program bill (S.3-A), sponsored by Senator Balboni, would strengthen existing laws by facilitating the investigation and prosecution of terrorists; create new anti-terrorism crimes; and severely punish the possession and use of chemical and biological weapons. Specifically, the legislation would:
create the crime of criminal possession and use of a chemical or biological weapon in the first and second degrees;
create the crime of money laundering for terrorism in the first, second, and third degrees;
create the crime of criminal facilitation of terrorism and the crime of conspiracy to commit terrorism;
eliminate the statute of limitations for the prosecution of terrorist offenses;
authorize law enforcement to obtain "eavesdropping warrants" that would permit interceptions of communications in a terrorism-related investigation; and
authorize the tax commission to release information to a prosecutor, provided it is needed with respect to a state or federal terrorism investigation.
"This bill gives police the tools they need to stop terrorists before they hurt or kill more innocent people," Senator Balboni said. "As lawmakers, it is our responsibility to protect the citizens we represent. We have to act before someone acts against us."
The Senate also passed legislation, sponsored by Senator Balboni, that would require counties to revise their existing disaster preparedness plans to include the possibility of a terrorist attack (S.4749); make the New York State Office of Public Safety, which was established under Executive Order, a permanent office under law (S.5031); require the State Emergency Management Office to develop public service announcements in several languages to provide the public with information about terrorist attacks (S.4744); and temporarily extend governmental deadlines, such as deadlines for the payment of taxes and deadlines for the filing of applications, following a state disaster (S.5439-A).
Cyber-terrorism
The Senate today passed legislation (S.5749-A), sponsored by Senator Balboni, that would crack down on computer related terrorist offenses by creating the new crimes of cyber-terrorism; computer intrusion; aggravated computer intrusion; and use of a minor in the commission of a computer offense.
Under the legislation, a person would be guilty of an act of cyber-terrorism when he or she, with the intent to intimidate or coerce a civilian population or influence the policy of a unit of government, commits any of the computer crimes contained within article 156 of the penal code.
"In this global war on terrorism, cyberspace is also a strategic battlefield," Senator Balboni said. "We depend on the Internet to transfer all sorts of confidential and proprietary information, and that makes us extremely vulnerable to any terrorist with a personal computer."
The bill establishes computer intrusion in the third degree, a class A misdemeanor, as the act of altering, destroying, or installing computer programs or software without authorization, or committing a denial of service attack. When these actions are taken with the intention of committing a felony, or cause more than $2,500 in damages, the perpetrator would be guilty of computer intrusion in the second degree, a class E felony. If damages exceed $10,000, the offense would be the class D felony of computer intrusion in the first degree.
This bill would also establish the crime of aggravated computer intrusion, a class E felony. A person would be guilty of this crime when they commit any of the above crimes, and in furtherance of the crime, develops a worm or virus that modifies an operating system, making it difficult to repair, or creates an exploit to attack a specific vulnerability in an operating system or software. In addition, this legislation would make it a crime to intentionally influence a child to commit a computer offense or to willfully supply a child with the information to commit the offense.
Agri-terrorism
The Senate today passed legislation (S.180), sponsored by Senator Nancy Larraine Hoffmann (R, Syracuse), Chairwoman of the Agriculture Committee, that would create the first package of legislation in the nation that would protect the agricultural industry and preserve the integrity of New York State�s food production industry and food supply chain by creating the new crime of agri-terrorism, a class B felony. Under the new legislation, a person is guilty of agri-terrorism if he or she:
deliberately alters the genetic structure of plant life used for human consumption, with the intent to render it toxic or unsuitable for livestock or human consumption;
intentionally introduces a pathogen which is capable of causing the death of livestock or rendering their byproducts unusable for human consumption;
intentionally defiles, corrupts, or alters a food or farm product with the intent to cause injury or the death of humans or animals; or
intentionally manufactures, designs or alters genetic material to cause the production of a pathogen, virus, or bacteria capable of destroying a food or farm product.
"New York�s $13 billion agricultural industry must be protected," said Senator Hoffmann. "A bioterrorist attack on our farms would be financially devastating and would damage the public�s faith in our food supply. We must make any use of biological weapons against agriculture a major crime in New York State."
Stealing Identification and Impersonating an Officer
The Senate also passed legislation, sponsored by Senator Charles Fuschillo (R-C, Merrick), that would make it a crime to impersonate a pilot or member of an aviation flight or ground crew (S.4434); make it a felony to steal the official identification of a fire department of law enforcement officer (S.4435); increase penalties for stealing identification issued by a transportation authority or government agency or issued for use at a transportation facility (S.4436); and would make criminal impersonation at a transportation facility or public place a felony (S.4584).
"In the current climate of heightened security and awareness of safety issues, these are all critical issues," said Senator Fuschillo. "Hundreds of official identification badges are stolen across the country each year. When these badges are obtained for nefarious use, like gaining access to high security issues or avoiding close scrutiny in secure situations, it can become a tremendous danger to society."
Currently, there is no appropriate charge if someone is stopped at an airport with fake pilot or crew uniforms or ID. In addition, there are no value enhancement for any of the IDs listed above, so someone who steals one can only be charged based upon the nominal monetary value of the ID, not their actual value. The New York State Penal Law recognizes enhancements when the stolen item is of far greater import than its nominal cost, but does not currently address pilot, police and fire identification.
"Secure transportation facilities, such as airports, train and bus stations, have become an essential component of enhanced security efforts," Senator Fuschillo said. "Stolen identification or security devices could allow someone wide-ranging illegal access to New York�s transportation infrastructure, which could lead to large scale disaster."
Placing False Hazardous Substances
Another bill passed today (S.1711), a Governor�s Program Bill sponsored by Senator Mary Lou Rath (R-C, Williamsville), would create new offenses to punish individuals who place false hazardous materials or devices, with the intent to cause public harm. The cost incurred and the potential for physical harm when responding to this type of threat is very high. Under the new legislation, the emergency response organization who responds to the false threat would be able to hold the perpetrator civilly liable and be able to seek financial restitution.
"The threat of biological weapons being used as weapons is very real," said Senator Rath. "That is why it�s intolerable for somebody who may think they are being funny or clever to falsely report the presence of such material. When someone threatens to use anthrax, botulin, nerve gas, ricin, or any other hazardous substance, local governments and other emergency response entities are forced to expend funds and manpower to handle such threats. With the fiscal difficulties the state is facing, it is essential that localities do not bear any additional burden -- particularly when they may be called upon for real emergencies."
In addition, the Senate passed legislation (S.1712A, Senator Rath) that would expand the list of those who are eligible to receive restitution for expenses related to responding to the placement of a false hazardous weapon or material to include a municipality, school, fire district, fire company or other entity.
The Senate also passed a bill today (S.432), sponsored by Senator Michael Nozzolio (R-C, Fayette), Chairman of the Senate Crime Victims, Crime and Correction Committee, that would make it a felony to steal or possess stolen anhydrous ammonia, the key ingredient in the illegal production of meth-amphetamines.
In addition to its use in the production of illegal drugs, the FBI has recently become concerned about the potential use of anhydrous ammonia as a chemical weapon in a terrorist attack. The substance, which is stored as a liquid under pressure, becomes a toxic gas when released into the environment. The toxic cloud of gas can travel along the ground before dispersing into the air, where it can have deadly effects.
"Addressing and combating the growing theft of anhydrous ammonia has become even more important in the wake of September 11 and our state and nation�s ongoing efforts to combat terrorism, both foreign and domestic," said Senator Nozzolio. "When stolen, the toxic gas can be released, causing widespread injury to law enforcement, emergency responders, and the public."
Another bill passed today (S.1653), sponsored by Senator Vincent Leibell (R-C, Patterson), would create the specific crime of unlawful defilement of a water supply. A person would be guilty of this crime when they intentionally introduce a substance that will poison or alter a water supply, with the intent of causing sickness, physical injury, or death to another human being, or with the intent to cause irreparable harm to the water supply and disturb the public peace.
"With this legislation, we are looking to protect and prevent a terrorist attack against our most vulnerable resource -- our drinking water," said Senator Leibell. "Clean, safe water is indispensable to our society. But currently, there is no law that makes it a crime to defile a water supply. We need to act quickly by taking special precautions and targeted measures to defend this precious resource."
In addition, the Senate passed the following legislation, that would:
authorize the commissioner of general services to fingerprint and process state and national criminal history checks on employees of contractors performing work on state premises (S.4226, Senator Spano);
add "disguised knives" to the list of prohibited weapons in the penal law (S.5561, Senator Skelos, a Governor�s Program Bill);
ensure pre-employment screening of security guards and require a federal fingerprint check for security guards (S.5088, Senator Fuschillo); and
create the class E felony when public records are used for the purpose of committing a crime (S.3962, Senator Golden);
"The package of anti-terrorism bills the Senate passed today are critical to protecting the public safety of New Yorkers in a time where the threat of a terrorist attack remains a harsh reality," said Senator Bruno. "I strongly urge the Assembly to join us in acting on these bills to fulfill one of the primary responsibilities of government, which is to ensure the safety of the people."
The bills were sent to the Assembly.
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