ANTI-TERRORISM AND HOMELAND SECURITY LEGISLATION

The 9-11 terrorist attacks and the subsequent attacks throughout the world have raised many important questions about the readiness of our state and local communities in preparing for, responding to, and pursuing and punishing the people responsible for terrorist attacks. The threat of a future terrorist attack is still a very harsh reality and, unfortunately, we live in a time where we need to be ready for the unthinkable.

That is why my colleagues and I in the Senate Majority have passed legislation that would give New York the toughest, most comprehensive anti-terrorism laws in the nation, providing law enforcement the resources they need to capture and punish terrorists.

Our legislation includes the creation of two new anti-terrorism crimes -- cyber terrorism and agri-terrorism -- that will protect vital information on computers and safeguard our food supply and food production facilities. It would also strengthen authority of law enforcement to prosecute terrorists; punish the possession and use of chemical or biological weapons; increase penalties for stealing ID and impersonating public officials, especially at transportation facilities; protect our water supply by criminalizing intentional defilement of drinking water; and punish people who place false hazardous materials or devices.

We urge the Assembly to act on this critical legislation. The Senate Majority will continue work to ensure that government officials at all levels and the public are prepared to prevent and respond to future attacks. Working together, New York will continue to serve as an example for the whole nation.

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Senate-Passed Legislation on Anti-Terrorism and Homeland Security

S.3-A - 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.

S.4749 - Require counties to revise their existing disaster preparedness plans to include the possibility of a terrorist attack.

S.5031 - Make the New York State Office of Public Safety, which was established under Executive Order, a permanent office under law.

S.4744 - Require the State Emergency Management Office to develop public service announcements in several languages to provide the public with information about terrorist attacks.

S.5439A - Temporarily extend governmental deadlines, such as deadlines for the payment of taxes and deadlines for the filing of applications, following a state disaster.

Cyber-terrorism
S.5749-A - 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.

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
S.180 - 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.

Stealing Identification and Impersonating an Officer
S.4434 - Make it a crime to impersonate a pilot or member of an aviation flight or ground crew.

S.4435 - Make it a felony to steal the official identification of a fire department of law enforcement officer.

S.4436 - increase penalties for stealing identification issued by a transportation authority or government agency or issued for use at a transportation facility.

S.4584 - Make criminal impersonation at a transportation facility or public place a felony. 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.

Placing False Hazardous Substances
S.1711 - 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.

S.1712A - 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.

S.432 - 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.

S.1653 - 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.

Additional Anti-Terrorism Bills
S.4226 - 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.5561 - Add "disguised knives" to the list of prohibited weapons in the penal law.

S.5088 - Ensure pre-employment screening of security guards and require a federal fingerprint check for security guards

S.3962 - Create the class E felony when public records are used for the purpose of committing a crime.

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