SENATE PASSES ANTI-TERRORISM LEGISLATION

Senator Bruno announced first passage of the Senate Majority's anti-terrorism legislation at a Capitol news conference back in March.

Comprehensive Bill Enhances Penalties and Provides Additional Resources to Protect Citizens From Terrorist Acts

Wednesday, July 21, 2004

The New York State Senate today passed legislation agreed upon by the Governor, Attorney General and both houses of the State Legislature that would give New York the toughest, most comprehensive anti-terrorism laws in the nation.

The bill (S.7685), sponsored by Senator Michael Balboni, Chairman the Senate Committee on Veterans, Homeland Security and Military Affairs, increases penalties for those who provide support to terrorists and supplies law enforcement officials with additional tools to prevent future terrorist attacks in New York State.

"Unfortunately, the threat of terrorist attacks on our homeland remains very real," said Senate Majority Leader Joseph L. Bruno. "This legislation sends a strong message to terrorists that their barbaric acts will not be tolerated and gives law enforcement officials the critical resources they need to pursue, capture, and punish terrorists."

"This agreement represents another step in the long march to make New York safer," said Senator Balboni. "Enacting the legislation now is crucial, given the threat of terrorist acts at the upcoming convention and during the fall elections."

The legislation, which is a Governor�s Program bill, 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 money laundering in the first, second, third, and fourth degrees to help cut off money that fuels terrorism;

        Create the crime of criminal possession and use of a chemical or biological weapon in the first, second, and third degrees;

Establish the penalty of life without parole for chemical and biological weapons offenses and authorizes eavesdropping warrants for those weapons offenses;

Strengthen the authority of law enforcement to apprehend and prosecute terrorists through increased surveillance;

Extend the statute of limitations for the prosecution of terrorist offenses from 5 years to 8 years, with no statute of limitations if the offense resulted in death or created a foreseeable risk of death or serious physical injury to another person;

Require submission of DNA sample from anyone convicted of terrorism;

Make the State Office of Homeland Security a permanent office under law and directs the Director of Homeland Security to conduct an analysis of measures being taken to protect the security of critical infrastructure of chemical storage facilities;

Expand hazardous materials emergency response training programs to include Weapons of Mass Destruction;

Create the Statewide Wireless Network Advisory Council; and

Require public and private use airports to establish security plans.

Create the new offense of placing 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. 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 agents being used as weapons is very real," said State Senator Mary Lou Rath (R-C, Williamsville). "That is why it�s intolerable for somebody who may think they are joking or being clever to falsely report the presence of such material. When someone threatens to use anthrax, botulin, nerve gas, 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."

 

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