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See Bill Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
1294
2003-2004 Regular Sessions
I N A S S E M B L Y
January 16, 2003
___________
Introduced by M. of A. NESBITT -- Multi-Sponsored by -- M. of A. ACAMPO-
RA, ALFANO, BACALLES, BARCLAY, BARRA, BARRAGA, BROWN, BURLING, BUTLER,
CALHOUN, CASALE, CONTE, CROUCH, ERRIGO, FERRARA, FINCH, FITZPATRICK,
HAYES, HOOKER, KIRWAN, KOLB, LABRIOLA, MANNING, McDONALD, McDONOUGH,
MILLER, MILLS, MIRONES, OAKS, O`CONNELL, ORTLOFF, PRENTISS, RAIA,
REILICH, SAYWARD, SCOZZAFAVA, SPANO, STEPHENS, STRANIERE, TEDISCO,
THIELE, TOWNSEND, WARNER, WINNER, WIRTH, YOUNG -- read once and
referred to the Committee on Codes
AN ACT to amend the criminal procedure law, the civil practice law and
rules, the penal law, the executive law and the tax law, in relation
to acts of terrorism; and to amend the penal law, in relation to
creating the crimes of criminal possession of a chemical or biological
weapon in the first and second degrees and criminal use of a chemical
or biological weapon in the first and second degrees and in relation
to the placement of devices and objects which falsely appear to be
hazardous substances; and providing for the repeal of certain
provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (a) of subdivision 2 of section 30.10 of the
2 criminal procedure law is amended to read as follows:
3 (a) A prosecution for a class A felony OR A FELONY DEFINED IN ARTICLE
4 FOUR HUNDRED NINETY OF THE PENAL LAW may be commenced at any time;
5 S 2. Subdivision 1 of section 60.22 of the criminal procedure law is
6 amended to read as follows:
7 1. A defendant may not be convicted of any offense, OTHER THAN AN
8 OFFENSE DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW EXCEPT
9 WHEN PROSECUTED PURSUANT TO SUBPARAGRAPH (XIII) OF PARAGRAPH (A) OF
10 SUBDIVISION ONE OF SECTION 125.27 OF THE PENAL LAW, upon the testimony
11 of an accomplice unsupported by corroborative evidence tending to
12 connect the defendant with the commission of such offense.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD04490-01-3
A. 1294 2
1 S 3. Paragraphs (o) and (q) of subdivision 8 of section 700.05 of the
2 criminal procedure law, paragraph (o) as amended by chapter 489 of the
3 laws of 2000 and paragraph (q) as added by chapter 300 of the laws of
4 2001, are amended to read as follows:
5 (o) Money laundering in the first degree, as defined in section 470.20
6 of the penal law, money laundering in the second degree as defined in
7 section 470.15 of the penal law, money laundering in the third degree as
8 defined in section 470.10 of such law, {and} money laundering in the
9 fourth degree as defined in section 470.05 of such law, MONEY LAUNDERING
10 FOR TERRORISM IN THE THIRD DEGREE AS DEFINED IN SECTION 470.21 OF SUCH
11 LAW, MONEY LAUNDERING FOR TERRORISM IN THE SECOND DEGREE AS DEFINED IN
12 SECTION 470.22 OF SUCH LAW, AND MONEY LAUNDERING FOR TERRORISM IN THE
13 FIRST DEGREE AS DEFINED IN SECTION 470.23 OF SUCH LAW, where the proper-
14 ty involved represents or is represented to be EITHER the proceeds of,
15 OR THE MATERIAL SUPPORT OR RESOURCES RELATED TO, specified criminal
16 conduct which itself constitutes a designated offense within the meaning
17 of this subdivision.
18 (q) Soliciting or providing support for an act of terrorism in the
19 second degree as defined in section 490.10 of the penal law, soliciting
20 or providing support for an act of terrorism in the first degree as
21 defined in section 490.15 of the penal law, making a terroristic threat
22 as defined in section 490.20 of the penal law, crime of terrorism as
23 defined in section 490.25 of the penal law, hindering prosecution of
24 terrorism in the second degree as defined in section 490.30 of the penal
25 law, {and} hindering prosecution of terrorism in the first degree as
26 defined in section 490.35 of the penal law, CRIMINAL POSSESSION OF A
27 CHEMICAL OR BIOLOGICAL WEAPON IN THE SECOND DEGREE AS DEFINED IN SECTION
28 490.50 OF THE PENAL LAW, CRIMINAL POSSESSION OF A CHEMICAL OR BIOLOGICAL
29 WEAPON IN THE FIRST DEGREE AS DEFINED IN SECTION 490.55 OF THE PENAL
30 LAW, CRIMINAL USE OF A CHEMICAL OR BIOLOGICAL WEAPON IN THE SECOND
31 DEGREE AS DEFINED IN SECTION 490.60 OF THE PENAL LAW AND CRIMINAL USE OF
32 A CHEMICAL OR BIOLOGICAL WEAPON IN THE FIRST DEGREE AS DEFINED IN
33 SECTION 490.65 OF THE PENAL LAW.
34 S 4. Section 1311-a of the civil practice law and rules is amended by
35 adding a new subdivision 7 to read as follows:
36 7. A SUBPOENA DUCES TECUM ISSUED UNDER THIS SECTION OR ANY OTHER
37 PROVISION OF LAW IN AID OF A CIVIL FORFEITURE ACTION MAY REQUIRE THE
38 PRODUCTION OF RECORDS BY ANY PERSON OR ENTITY PRESENT IN THE STATE OR
39 DOING BUSINESS IN THE STATE PERTAINING TO PROPERTY LOCATED WITHIN OR
40 WITHOUT THE STATE.
41 S 5. The opening paragraph of section 1313 of the civil practice law
42 and rules is designated subdivision 1 and a new subdivision 2 is added
43 to read as follows:
44 2. ANY PERSON OR ENTITY PRESENT IN THE STATE OR DOING BUSINESS IN THE
45 STATE AND IN POSSESSION OR CONTROL OF PROPERTY AGAINST WHICH A FORFEI-
46 TURE JUDGMENT MAY BE ENFORCED MUST COMPLY WITH A TEMPORARY RESTRAINING
47 ORDER OR PRELIMINARY INJUNCTION ISSUED UNDER THIS ARTICLE WITH RESPECT
48 TO PROPERTY LOCATED WITHIN OR WITHOUT THE STATE. A CLAIMING AUTHORITY
49 MAY SEEK AN ORDER DIRECTING THAT SUCH PERSON OR ENTITY TRANSFER THE
50 PROPERTY TO THE CLAIMING AGENT TO BE HELD DURING THE PENDENCY OF THE
51 ACTION.
52 S 6. Paragraph (a) of subdivision 1 of section 460.10 of the penal
53 law, as amended by chapter 489 of the laws of 2000, is amended to read
54 as follows:
55 (a) Any of the felonies set forth in this chapter: sections 120.05,
56 120.10 and 120.11 relating to assault; sections 125.10 to 125.27 relat-
A. 1294 3
1 ing to homicide; sections 130.25, 130.30 and 130.35 relating to rape;
2 sections 135.20 and 135.25 relating to kidnapping; section 135.65 relat-
3 ing to coercion; sections 140.20, 140.25 and 140.30 relating to
4 burglary; sections 145.05, 145.10 and 145.12 relating to criminal
5 mischief; article one hundred fifty relating to arson; sections 155.30,
6 155.35, 155.40 and 155.42 relating to grand larceny; article one hundred
7 sixty relating to robbery; sections 165.45, 165.50, 165.52 and 165.54
8 relating to criminal possession of stolen property; sections 170.10,
9 170.15, 170.25, 170.30, 170.40, 170.65 and 170.70 relating to forgery;
10 sections 175.10, 175.25, 175.35, 175.40 and 210.40 relating to false
11 statements; sections 176.15, 176.20, 176.25 and 176.30 relating to
12 insurance fraud; sections 178.20 and 178.25 relating to criminal diver-
13 sion of prescription medications and prescriptions; sections 180.03,
14 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03, 200.04, 200.10,
15 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 215.00, 215.05 and
16 215.19 relating to bribery; sections 190.40 and 190.42 relating to crim-
17 inal usury; section 190.65 relating to schemes to defraud; sections
18 205.60 and 205.65 relating to hindering prosecution; sections 210.10,
19 210.15, and 215.51 relating to perjury and contempt; section 215.40
20 relating to tampering with physical evidence; sections 220.06, 220.09,
21 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46,
22 220.55 and 220.60 relating to controlled substances; sections 225.10 and
23 225.20 relating to gambling; sections 230.25, 230.30, and 230.32 relat-
24 ing to promoting prostitution; sections 235.06, 235.07 and 235.21 relat-
25 ing to obscenity; section 263.10 relating to promoting an obscene
26 performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12,
27 265.13 and the provisions of section 265.10 which constitute a felony
28 relating to firearms and other dangerous weapons; and sections 265.14
29 and 265.16 relating to criminal sale of a firearm; {and} section 275.10,
30 275.20, 275.30, or 275.40 relating to unauthorized recordings; {and}
31 sections 470.05, 470.10, 470.15 and 470.20 relating to money laundering;
32 SECTIONS 470.21, 470.22 AND 470.23 RELATING TO MONEY LAUNDERING FOR
33 TERRORISM; SECTIONS 470.30 AND 470.35 RELATING TO STRUCTURING; AND ARTI-
34 CLE FOUR HUNDRED NINETY RELATING TO TERRORISM; or
35 S 7. Section 470.00 of the penal law is amended by adding a new
36 subdivision 11 to read as follows:
37 11. "MATERIAL SUPPORT OR RESOURCES" SHALL HAVE THE SAME MEANING AS
38 THAT TERM IS DEFINED IN SUBDIVISION TWO OF SECTION 490.05 OF THIS ARTI-
39 CLE.
40 S 8. Subdivisions 1 and 2 of section 470.03 of the penal law, as added
41 by chapter 489 of the laws of 2000, are amended to read as follows:
42 1. For purposes of subdivisions one and three of sections 470.05,
43 470.10, {and} 470.15, 470.21, 470.22 AND 470.23 and for purposes of
44 subdivisions one and two of section 470.20, of this article, financial
45 transactions may be considered together and the value of the property
46 involved may be aggregated, provided that the transactions are all part
47 of a single "criminal transaction" as defined in subdivision two of
48 section 40.10 of the criminal procedure law.
49 2. For purposes of subdivision two of sections 470.05, 470.10 {and},
50 470.15, 470.21, 470.22 AND 470.23 of this article, separate occasions
51 involving the transport, transmittal or transfer of monetary instruments
52 may be considered together and the value of the monetary instruments
53 involved may be aggregated, provided that the occasions are all part of
54 a single "criminal transaction" as defined in subdivision two of section
55 40.10 of the criminal procedure law.
A. 1294 4
1 S 9. The penal law is amended by adding three new sections 470.21,
2 470.22 and 470.23 to read as follows:
3 S 470.21 MONEY LAUNDERING FOR TERRORISM IN THE THIRD DEGREE.
4 A PERSON IS GUILTY OF MONEY LAUNDERING FOR TERRORISM IN THE THIRD
5 DEGREE WHEN:
6 1. KNOWING THAT THE PROPERTY INVOLVED IN ONE OR MORE FINANCIAL TRANS-
7 ACTIONS REPRESENTS EITHER THE PROCEEDS OF OR THE MATERIAL SUPPORT OR
8 RESOURCES RELATED TO CONDUCT WHICH IS A VIOLATION OF ARTICLE FOUR
9 HUNDRED NINETY OF THIS CHAPTER:
10 (A) HE OR SHE CONDUCTS ONE OR MORE SUCH FINANCIAL TRANSACTIONS WHICH
11 IN FACT INVOLVE EITHER THE PROCEEDS OF OR THE MATERIAL SUPPORT OR
12 RESOURCES RELATED TO CONDUCT WHICH IS A VIOLATION OF ARTICLE FOUR
13 HUNDRED NINETY OF THIS CHAPTER:
14 (I) WITH INTENT TO:
15 (A) PROMOTE THE CARRYING ON OF CRIMINAL CONDUCT; OR
16 (B) ENGAGE IN CONDUCT CONSTITUTING A FELONY AS SET FORTH IN SECTION
17 EIGHTEEN HUNDRED TWO, EIGHTEEN HUNDRED THREE, EIGHTEEN HUNDRED FOUR,
18 EIGHTEEN HUNDRED FIVE, EIGHTEEN HUNDRED SEVEN OR EIGHTEEN HUNDRED EIGHT
19 OF THE TAX LAW; OR
20 (II) KNOWING THAT THE TRANSACTION OR TRANSACTIONS IN WHOLE OR IN PART
21 ARE DESIGNED TO:
22 (A) CONCEAL OR DISGUISE THE NATURE, THE LOCATION, THE SOURCE, THE
23 OWNERSHIP OR THE CONTROL OF EITHER THE PROCEEDS OF OR THE MATERIAL
24 SUPPORT OR RESOURCES RELATED TO CRIMINAL CONDUCT; OR
25 (B) AVOID ANY TRANSACTION REPORTING REQUIREMENT IMPOSED BY LAW; AND
26 (B) THE TOTAL VALUE OF THE PROPERTY INVOLVED IN SUCH FINANCIAL TRANS-
27 ACTION OR TRANSACTIONS EXCEEDS FIVE HUNDRED DOLLARS; OR
28 2. KNOWING THAT ONE OR MORE MONETARY INSTRUMENTS REPRESENTS EITHER THE
29 PROCEEDS OF OR THE MATERIAL SUPPORT OR RESOURCES RELATED TO CONDUCT
30 WHICH IS A VIOLATION OF ARTICLE FOUR HUNDRED NINETY OF THIS CHAPTER:
31 (A) HE OR SHE TRANSPORTS, TRANSMITS, TRANSFERS OR ATTEMPTS TO TRANS-
32 PORT, TRANSMIT OR TRANSFER, ON ONE OR MORE OCCASIONS, A MONETARY INSTRU-
33 MENT OR INSTRUMENTS WHICH IN FACT REPRESENT EITHER THE PROCEEDS OF OR
34 THE MATERIAL SUPPORT OR RESOURCES RELATED TO CONDUCT WHICH IS A
35 VIOLATION OF ARTICLE FOUR HUNDRED NINETY OF THIS CHAPTER:
36 (I) WITH INTENT TO PROMOTE THE CARRYING ON OF CRIMINAL CONDUCT; OR
37 (II) KNOWING THAT SUCH TRANSPORTATION, TRANSMITTAL OR TRANSFER IS
38 DESIGNED IN WHOLE OR IN PART TO:
39 (A) CONCEAL OR DISGUISE THE NATURE, THE LOCATION, THE SOURCE, THE
40 OWNERSHIP OR THE CONTROL OF EITHER THE PROCEEDS OF OR THE MATERIAL
41 SUPPORT OR RESOURCES RELATED TO CRIMINAL CONDUCT; OR
42 (B) AVOID ANY TRANSACTION REPORTING REQUIREMENT IMPOSED BY LAW; AND
43 (B) THE TOTAL VALUE OF SUCH MONETARY INSTRUMENT OR INSTRUMENTS EXCEEDS
44 FIVE HUNDRED DOLLARS; OR
45 3. HE OR SHE CONDUCTS ONE OR MORE FINANCIAL TRANSACTIONS: (A) INVOLV-
46 ING PROPERTY REPRESENTED TO BE EITHER THE PROCEEDS OF OR THE MATERIAL
47 SUPPORT OR RESOURCES RELATED TO CONDUCT WHICH IS A VIOLATION OF ARTICLE
48 FOUR HUNDRED NINETY OF THIS CHAPTER OR REPRESENTED TO BE PROPERTY USED
49 TO CONDUCT OR FACILITATE A VIOLATION OF ARTICLE FOUR HUNDRED NINETY OF
50 THIS CHAPTER, WITH INTENT TO:
51 (I) PROMOTE THE CARRYING ON OF SPECIFIED CRIMINAL CONDUCT; OR
52 (II) CONCEAL OR DISGUISE THE NATURE, THE LOCATION, THE SOURCE, THE
53 OWNERSHIP OR THE CONTROL OF PROPERTY BELIEVED TO BE EITHER THE PROCEEDS
54 OF OR THE MATERIAL SUPPORT OR RESOURCES RELATED TO SPECIFIED CRIMINAL
55 CONDUCT; OR
56 (III) AVOID ANY TRANSACTION REPORTING REQUIREMENT IMPOSED BY LAW; AND
A. 1294 5
1 (B) THE TOTAL REPRESENTED VALUE OF THE PROPERTY INVOLVED IN SUCH
2 FINANCIAL TRANSACTION OR TRANSACTIONS EXCEEDS FIVE HUNDRED DOLLARS.
3 MONEY LAUNDERING FOR TERRORISM IN THE THIRD DEGREE IS A CLASS C FELO-
4 NY.
5 S 470.22 MONEY LAUNDERING FOR TERRORISM IN THE SECOND DEGREE.
6 A PERSON IS GUILTY OF MONEY LAUNDERING FOR TERRORISM IN THE SECOND
7 DEGREE WHEN:
8 1. KNOWING THAT THE PROPERTY INVOLVED IN ONE OR MORE FINANCIAL TRANS-
9 ACTIONS REPRESENTS:
10 (A) EITHER THE PROCEEDS OF OR THE MATERIAL SUPPORT OR RESOURCES
11 RELATED TO CONDUCT WHICH IS A VIOLATION OF ARTICLE FOUR HUNDRED NINETY
12 OF THIS CHAPTER, HE OR SHE CONDUCTS ONE OR MORE SUCH FINANCIAL TRANS-
13 ACTIONS WHICH IN FACT INVOLVE EITHER THE PROCEEDS OF OR THE MATERIAL
14 SUPPORT OR RESOURCES RELATED TO CONDUCT WHICH IS A VIOLATION OF ARTICLE
15 FOUR HUNDRED NINETY OF THIS CHAPTER:
16 (I) WITH INTENT TO:
17 (A) PROMOTE THE CARRYING ON OF SPECIFIED CRIMINAL CONDUCT; OR
18 (B) ENGAGE IN CONDUCT CONSTITUTING A FELONY AS SET FORTH IN SECTION
19 EIGHTEEN HUNDRED TWO, EIGHTEEN HUNDRED THREE, EIGHTEEN HUNDRED FOUR,
20 EIGHTEEN HUNDRED FIVE, EIGHTEEN HUNDRED SEVEN OR EIGHTEEN HUNDRED EIGHT
21 OF THE TAX LAW; OR
22 (II) KNOWING THAT THE TRANSACTION OR TRANSACTIONS IN WHOLE OR IN PART
23 ARE DESIGNED TO:
24 (A) CONCEAL OR DISGUISE THE NATURE, THE LOCATION, THE SOURCE, THE
25 OWNERSHIP OR THE CONTROL OF EITHER THE PROCEEDS OF OR THE MATERIAL
26 SUPPORT OR RESOURCES RELATED TO SPECIFIED CRIMINAL CONDUCT; OR
27 (B) AVOID ANY TRANSACTION REPORTING REQUIREMENT IMPOSED BY LAW; AND
28 (B) THE TOTAL VALUE OF THE PROPERTY INVOLVED IN SUCH FINANCIAL TRANS-
29 ACTION OR TRANSACTIONS EXCEEDS ONE THOUSAND DOLLARS; OR
30 2. KNOWING THAT ONE OR MORE MONETARY INSTRUMENTS REPRESENTS EITHER THE
31 PROCEEDS OF OR THE MATERIAL SUPPORT OR RESOURCES RELATED TO CONDUCT
32 WHICH IS A VIOLATION OF ARTICLE FOUR HUNDRED NINETY OF THIS CHAPTER:
33 (A) HE OR SHE TRANSPORTS, TRANSMITS, TRANSFERS OR ATTEMPTS TO TRANS-
34 PORT, TRANSMIT OR TRANSFER, ON ONE OR MORE OCCASIONS, A MONETARY INSTRU-
35 MENT OR INSTRUMENTS WHICH IN FACT REPRESENT EITHER THE PROCEEDS OF OR
36 THE MATERIAL SUPPORT OR RESOURCES RELATED TO CONDUCT WHICH IS A
37 VIOLATION OF ARTICLE FOUR HUNDRED NINETY OF THIS CHAPTER, FROM A PLACE
38 IN ANY COUNTY IN THIS STATE TO OR THROUGH A PLACE OUTSIDE THAT COUNTY OR
39 TO A PLACE IN ANY COUNTY IN THIS STATE FROM OR THROUGH A PLACE OUTSIDE
40 THAT COUNTY:
41 (I) WITH INTENT TO PROMOTE THE CARRYING ON OF SPECIFIED CRIMINAL
42 CONDUCT; OR
43 (II) KNOWING THAT SUCH TRANSPORTATION, TRANSMITTAL OR TRANSFER IS
44 DESIGNED IN WHOLE OR IN PART TO:
45 (A) CONCEAL OR DISGUISE THE NATURE, THE LOCATION, THE SOURCE, THE
46 OWNERSHIP OR THE CONTROL OF EITHER THE PROCEEDS OF OR THE MATERIAL
47 SUPPORT OR RESOURCES RELATED TO SPECIFIED CRIMINAL CONDUCT; OR
48 (B) AVOID ANY TRANSACTION REPORTING REQUIREMENT IMPOSED BY LAW; AND
49 (B) THE TOTAL VALUE OF SUCH MONETARY INSTRUMENT OR INSTRUMENTS EXCEEDS
50 ONE THOUSAND DOLLARS; OR
51 3. HE OR SHE CONDUCTS ONE OR MORE FINANCIAL TRANSACTIONS:
52 (A) INVOLVING PROPERTY REPRESENTED TO BE EITHER THE PROCEEDS OF OR THE
53 MATERIAL SUPPORT OR RESOURCES RELATED TO CONDUCT WHICH IS A VIOLATION OF
54 ARTICLE FOUR HUNDRED NINETY OF THIS CHAPTER, OR REPRESENTED TO BE PROP-
55 ERTY USED TO CONDUCT OR FACILITATE A VIOLATION OF ARTICLE FOUR HUNDRED
56 NINETY OF THIS CHAPTER, WITH INTENT TO:
A. 1294 6
1 (I) PROMOTE THE CARRYING ON OF SPECIFIED CRIMINAL CONDUCT; OR
2 (II) CONCEAL OR DISGUISE THE NATURE, THE LOCATION, THE SOURCE, THE
3 OWNERSHIP OR THE CONTROL OF PROPERTY BELIEVED TO BE EITHER THE PROCEEDS
4 OF OR THE MATERIAL SUPPORT OR RESOURCES RELATED TO SPECIFIED CRIMINAL
5 CONDUCT; OR
6 (III) AVOID ANY TRANSACTION REPORTING REQUIREMENT IMPOSED BY LAW; AND
7 (B) THE TOTAL REPRESENTED VALUE OF THE PROPERTY INVOLVED IN SUCH
8 FINANCIAL TRANSACTION OR TRANSACTIONS EXCEEDS ONE THOUSAND DOLLARS.
9 MONEY LAUNDERING FOR TERRORISM IN THE SECOND DEGREE IS A CLASS B FELO-
10 NY.
11 S 470.23 MONEY LAUNDERING FOR TERRORISM IN THE FIRST DEGREE.
12 A PERSON IS GUILTY OF MONEY LAUNDERING FOR TERRORISM IN THE FIRST
13 DEGREE WHEN:
14 1. KNOWING THAT THE PROPERTY INVOLVED IN ONE OR MORE FINANCIAL TRANS-
15 ACTIONS REPRESENTS:
16 (A) EITHER THE PROCEEDS OF OR THE MATERIAL SUPPORT OR RESOURCES
17 RELATED TO CONDUCT WHICH IS A VIOLATION OF ARTICLE FOUR HUNDRED NINETY
18 OF THIS CHAPTER, HE OR SHE CONDUCTS ONE OR MORE SUCH FINANCIAL TRANS-
19 ACTIONS WHICH IN FACT INVOLVE EITHER THE PROCEEDS OF OR THE MATERIAL
20 SUPPORT OR RESOURCES RELATED TO CONDUCT WHICH IS A VIOLATION OF ARTICLE
21 FOUR HUNDRED NINETY OF THIS CHAPTER:
22 (I) WITH INTENT TO:
23 (A) PROMOTE THE CARRYING ON OF SPECIFIED CRIMINAL CONDUCT; OR
24 (B) ENGAGE IN CONDUCT CONSTITUTING A FELONY AS SET FORTH IN SECTION
25 EIGHTEEN HUNDRED TWO, EIGHTEEN HUNDRED THREE, EIGHTEEN HUNDRED FOUR,
26 EIGHTEEN HUNDRED FIVE, EIGHTEEN HUNDRED SEVEN OR EIGHTEEN HUNDRED EIGHT
27 OF THE TAX LAW; OR
28 (II) KNOWING THAT THE TRANSACTION OR TRANSACTIONS IN WHOLE OR IN PART
29 ARE DESIGNED TO:
30 (A) CONCEAL OR DISGUISE THE NATURE, THE LOCATION, THE SOURCE, THE
31 OWNERSHIP OR THE CONTROL OF EITHER THE PROCEEDS OF OR THE MATERIAL
32 SUPPORT OR RESOURCES RELATED TO SPECIFIED CRIMINAL CONDUCT; OR
33 (B) AVOID ANY TRANSACTION REPORTING REQUIREMENT IMPOSED BY LAW; AND
34 (B) THE TOTAL VALUE OF THE PROPERTY INVOLVED IN SUCH FINANCIAL TRANS-
35 ACTION OR TRANSACTIONS EXCEEDS FIVE THOUSAND DOLLARS; OR
36 2. KNOWING THAT ONE OR MORE MONETARY INSTRUMENTS REPRESENTS EITHER THE
37 PROCEEDS OF OR THE MATERIAL SUPPORT OR RESOURCES RELATED TO CONDUCT
38 WHICH IS A VIOLATION OF ARTICLE FOUR HUNDRED NINETY OF THIS CHAPTER:
39 (A) HE OR SHE TRANSPORTS, TRANSMITS, TRANSFERS OR ATTEMPTS TO TRANS-
40 PORT, TRANSMIT OR TRANSFER, ON ONE OR MORE OCCASIONS, A MONETARY INSTRU-
41 MENT OR INSTRUMENTS WHICH IN FACT REPRESENT EITHER THE PROCEEDS OF OR
42 THE MATERIAL SUPPORT OR RESOURCES RELATED TO CONDUCT WHICH IS A
43 VIOLATION OF ARTICLE FOUR HUNDRED NINETY OF THIS CHAPTER FROM A PLACE IN
44 ANY COUNTY IN THIS STATE TO OR THROUGH A PLACE OUTSIDE THAT COUNTY OR TO
45 A PLACE IN ANY COUNTY IN THIS STATE FROM OR THROUGH A PLACE OUTSIDE THAT
46 COUNTY:
47 (I) WITH INTENT TO PROMOTE THE CARRYING ON OF SPECIFIED CRIMINAL
48 CONDUCT; OR
49 (II) KNOWING THAT SUCH TRANSPORTATION, TRANSMITTAL OR TRANSFER IS
50 DESIGNED IN WHOLE OR IN PART TO:
51 (A) CONCEAL OR DISGUISE THE NATURE, THE LOCATION, THE SOURCE, THE
52 OWNERSHIP OR THE CONTROL OF EITHER THE PROCEEDS OF OR THE MATERIAL
53 SUPPORT OR RESOURCES RELATED TO SPECIFIED CRIMINAL CONDUCT; OR
54 (B) AVOID ANY TRANSACTION REPORTING REQUIREMENT IMPOSED BY LAW; AND
55 (B) THE TOTAL VALUE OF SUCH MONETARY INSTRUMENT OR INSTRUMENTS EXCEEDS
56 FIVE THOUSAND DOLLARS; OR
A. 1294 7
1 3. HE OR SHE CONDUCTS ONE OR MORE FINANCIAL TRANSACTIONS:
2 (A) INVOLVING PROPERTY REPRESENTED TO BE EITHER THE PROCEEDS OF OR THE
3 MATERIAL SUPPORT OR RESOURCES RELATED TO CONDUCT WHICH IS A VIOLATION OF
4 ARTICLE FOUR HUNDRED NINETY OF THIS CHAPTER, OR REPRESENTED TO BE PROP-
5 ERTY USED TO CONDUCT OR FACILITATE A VIOLATION OF ARTICLE FOUR HUNDRED
6 NINETY OF THIS CHAPTER, WITH INTENT TO:
7 (I) PROMOTE THE CARRYING ON OF SPECIFIED CRIMINAL CONDUCT; OR
8 (II) CONCEAL OR DISGUISE THE NATURE, THE LOCATION, THE SOURCE, THE
9 OWNERSHIP OR THE CONTROL OF PROPERTY BELIEVED TO BE EITHER THE PROCEEDS
10 OF OR THE MATERIAL SUPPORT OR RESOURCES RELATED TO SPECIFIED CRIMINAL
11 CONDUCT; OR
12 (III) AVOID ANY TRANSACTION REPORTING REQUIREMENT IMPOSED BY LAW; AND
13 (B) THE TOTAL REPRESENTED VALUE OF THE PROPERTY INVOLVED IN SUCH
14 FINANCIAL TRANSACTION OR TRANSACTIONS EXCEEDS FIVE THOUSAND DOLLARS.
15 MONEY LAUNDERING FOR TERRORISM IN THE FIRST DEGREE IS A CLASS A-I
16 FELONY.
17 S 10. Subdivision 1 of section 470.25 of the penal law, as amended by
18 chapter 489 of the laws of 2000, is amended to read as follows:
19 1. Any person convicted of a violation of section 470.05, 470.10,
20 470.15, {or} 470.20, 470.21, 470.22 OR 470.23 of this article may be
21 sentenced to pay a fine not in excess of two times the value of the
22 monetary instruments which are the proceeds of specified criminal activ-
23 ity. When a fine is imposed pursuant to this subdivision, the court
24 shall make a finding as to the value of such monetary instrument or
25 instruments. If the record does not contain sufficient evidence to
26 support such a finding the court may conduct a hearing upon the issue.
27 In imposing a fine, the court shall consider the seriousness of the
28 conduct, whether the amount of the fine is disproportionate to the
29 conduct in which he engaged, its impact on victims, as well as the
30 economic circumstances of the convicted person, including the effect of
31 the imposition of such a fine upon his immediate family.
32 S 11. The penal law is amended by adding two new sections 470.30 and
33 470.35 to read as follows:
34 S 470.30 STRUCTURING IN THE SECOND DEGREE.
35 A PERSON IS GUILTY OF STRUCTURING IN THE SECOND DEGREE WHEN HE OR SHE:
36 1. CAUSES OR ATTEMPTS TO CAUSE A FINANCIAL INSTITUTION NOT TO FILE A
37 WRITTEN REPORT PURSUANT TO SUBCHAPTER II OF TITLE 31 OF THE UNITED
38 STATES CODE OR ANY REGULATION PRESCRIBED THEREUNDER; OR
39 2. CAUSES OR ATTEMPTS TO CAUSE A FINANCIAL INSTITUTION TO FILE A WRIT-
40 TEN REPORT REQUIRED BY SUBCHAPTER II OF TITLE 31 OF THE UNITED STATES
41 CODE OR ANY REGULATION PRESCRIBED THEREUNDER THAT CONTAINS A MATERIAL
42 OMISSION OR MISSTATEMENT OF FACT; OR
43 3. STRUCTURES OR ASSISTS IN STRUCTURING, OR ATTEMPTS TO STRUCTURE OR
44 ASSIST IN STRUCTURING, ANY TRANSACTION FOR THE PURPOSE OF EVADING A
45 REPORTING REQUIREMENT OF SUBCHAPTER II OF TITLE 31 OF THE UNITED STATES
46 CODE OR ANY REGULATION PRESCRIBED THEREUNDER.
47 STRUCTURING IN THE SECOND DEGREE IS A CLASS E FELONY.
48 S 470.35 STRUCTURING IN THE FIRST DEGREE.
49 A PERSON IS GUILTY OF STRUCTURING IN THE FIRST DEGREE WHEN HE OR SHE
50 COMMITS THE CRIME OF STRUCTURING IN THE SECOND DEGREE:
51 1. WITH INTENT TO PROMOTE THE CARRYING ON OF CRIMINAL CONDUCT; OR
52 2. AS PART OF A PATTERN OF ANY ILLEGAL ACTIVITY INVOLVING MORE THAN
53 ONE HUNDRED THOUSAND DOLLARS IN ANY TWELVE MONTH PERIOD.
54 STRUCTURING IN THE FIRST DEGREE IS A CLASS D FELONY.
55 S 12. Subdivision 2 of section 490.05 of the penal law, as added by
56 chapter 300 of the laws of 2001, is amended to read as follows:
A. 1294 8
1 2. "Material support or resources" means currency {or other}, MONETARY
2 INSTRUMENTS, financial securities, financial services, MONETARY OR
3 FINANCIAL SUPPORT, ASSISTANCE OR SERVICES IN ANY FORM, lodging,
4 training, EXPERT ADVICE OR ASSISTANCE, safehouses, false documentation
5 or identification, communications equipment, facilities, weapons, lethal
6 substances, explosives, personnel, transportation, and other physical
7 assets, except medicine or religious materials.
8 S 13. The first undesignated paragraph of section 490.10 of the penal
9 law, as added by chapter 300 of the laws of 2001, is amended to read as
10 follows:
11 A person commits soliciting or providing support for an act of terror-
12 ism in the second degree when, with intent that material support or
13 resources will be used, in whole or in part, to plan, prepare, carry out
14 or aid in either an act of terrorism or the concealment of, or an escape
15 from, an act of terrorism, he or she (A) raises, solicits, collects or
16 provides material support or resources, OR (B) CONCEALS OR DISGUISES THE
17 NATURE OR OWNERSHIP OF MATERIAL SUPPORT OR RESOURCES.
18 S 14. The penal law is amended by adding two new sections 490.40 and
19 490.45 to read as follows:
20 S 490.40 CRIMINAL FACILITATION OF TERRORISM.
21 1. A PERSON IS GUILTY OF CRIMINAL FACILITATION OF TERRORISM WHEN,
22 BELIEVING IT PROBABLE THAT HE OR SHE IS RENDERING AID TO A PERSON WHO
23 INTENDS TO COMMIT AN OFFENSE DEFINED IN THIS ARTICLE, HE OR SHE ENGAGES
24 IN CONDUCT WHICH PROVIDES SUCH PERSON WITH MEANS OR OPPORTUNITY FOR THE
25 COMMISSION THEREOF AND WHICH IN FACT AIDS SUCH PERSON TO COMMIT SUCH
26 OFFENSE.
27 2. SENTENCING. (A) WHEN A PERSON IS CONVICTED OF CRIMINAL FACILI-
28 TATION OF TERRORISM PURSUANT TO THIS SECTION, AND THE OFFENSE HE OR SHE
29 FACILITATED IS A VIOLENT FELONY OFFENSE, THE CRIME OF CRIMINAL FACILI-
30 TATION OF TERRORISM SHALL BE DEEMED A VIOLENT FELONY OFFENSE.
31 (B) WHEN A PERSON IS CONVICTED OF CRIMINAL FACILITATION OF TERRORISM
32 PURSUANT TO THIS SECTION, AND THE OFFENSE HE OR SHE FACILITATED IS AN
33 OFFENSE DEFINED IN THIS ARTICLE OR AN ATTEMPT OR CONSPIRACY TO COMMIT
34 SUCH OFFENSE, OTHER THAN THE CRIME OF TERRORISM AS DEFINED IN SECTION
35 490.25 OF THIS ARTICLE, THE CRIME OF CRIMINAL FACILITATION OF TERRORISM
36 SHALL BE DEEMED TO BE ONE CATEGORY LOWER THAN THE OFFENSE THE DEFENDANT
37 FACILITATED; PROVIDED, FURTHER, THAT WHEN A PERSON IS CONVICTED OF CRIM-
38 INAL FACILITATION OF TERRORISM PURSUANT TO THIS SECTION, AND THE OFFENSE
39 HE OR SHE FACILITATED IS A CLASS A-I FELONY OFFENSE, THE CRIME OF CRIMI-
40 NAL FACILITATION OF TERRORISM SHALL BE PUNISHED AS A CLASS B VIOLENT
41 FELONY OFFENSE.
42 (C) WHEN A PERSON IS CONVICTED OF CRIMINAL FACILITATION OF TERRORISM
43 PURSUANT TO THIS SECTION, AND THE OFFENSE HE OR SHE FACILITATED IS THE
44 CRIME OF TERRORISM AS DEFINED IN SECTION 490.25 OF THIS ARTICLE, THE
45 CRIME OF CRIMINAL FACILITATION OF TERRORISM SHALL BE DEEMED TO BE THE
46 SAME CATEGORY AS THE OFFENSE LEVEL APPLICABLE TO THE SPECIFIED OFFENSE
47 UNDERLYING THE CRIME OF TERRORISM AS DEFINED IN SECTION 490.25 OF THIS
48 ARTICLE.
49 (D) WHEN A PERSON IS CONVICTED OF CRIMINAL FACILITATION OF TERRORISM
50 PURSUANT TO THIS SECTION, AND THE OFFENSE HE OR SHE FACILITATED IS AN
51 ATTEMPT OR CONSPIRACY TO COMMIT THE CRIME OF TERRORISM AS DEFINED IN
52 SECTION 490.25 OF THIS ARTICLE, THE CRIME OF CRIMINAL FACILITATION OF
53 TERRORISM SHALL BE DEEMED TO BE ONE CATEGORY LOWER THAN THE OFFENSE
54 DEFENDANT FACILITATED.
55 S 490.45 CONSPIRACY TO COMMIT TERRORISM.
A. 1294 9
1 1. A PERSON IS GUILTY OF CONSPIRACY TO COMMIT TERRORISM WHEN, WITH
2 INTENT THAT CONDUCT BE PERFORMED CONSTITUTING A FELONY OFFENSE DEFINED
3 IN THIS ARTICLE, HE OR SHE AGREES WITH ONE OR MORE PERSONS TO ENGAGE IN
4 OR CAUSE THE PERFORMANCE OF SUCH CONDUCT.
5 2. SENTENCING. (A) WHEN A PERSON IS CONVICTED OF THE CRIME OF
6 CONSPIRACY TO COMMIT TERRORISM PURSUANT TO THIS SECTION, AND THE OFFENSE
7 HE OR SHE CONSPIRED TO COMMIT IS A VIOLENT FELONY OFFENSE, THE CRIME OF
8 CONSPIRACY TO COMMIT TERRORISM SHALL BE DEEMED A VIOLENT FELONY OFFENSE.
9 (B) WHEN A PERSON IS CONVICTED OF THE CRIME OF CONSPIRACY TO COMMIT
10 TERRORISM PURSUANT TO THIS SECTION, OTHER THAN THE CRIME OF TERRORISM AS
11 DEFINED IN SECTION 490.25 OF THIS ARTICLE, THE CRIME OF CONSPIRACY TO
12 COMMIT TERRORISM SHALL BE DEEMED TO BE THE SAME CATEGORY AS THE OFFENSE
13 LEVEL APPLICABLE TO THE UNDERLYING ARTICLE FOUR HUNDRED NINETY OFFENSE.
14 (C) WHEN A PERSON IS CONVICTED OF THE CRIME OF CONSPIRACY TO COMMIT
15 TERRORISM PURSUANT TO THIS SECTION FOR THE CRIME OF TERRORISM AS DEFINED
16 IN SECTION 490.25 OF THIS ARTICLE, THE CRIME OF CONSPIRACY TO COMMIT
17 TERRORISM SHALL BE DEEMED TO BE THE SAME CATEGORY AS THE OFFENSE LEVEL
18 APPLICABLE TO A CONVICTION FOR THE CRIME OF TERRORISM AS DEFINED IN
19 SECTION 490.25 OF THIS ARTICLE THAT THE DEFENDANT CONSPIRED TO COMMIT.
20 S 15. Paragraph (b) of subdivision 2 of section 490.25 of the penal
21 law, as added by chapter 300 of the laws of 2001, is amended to read as
22 follows:
23 (b) When a person is convicted of a crime of terrorism pursuant to
24 this section, and the specified offense is a class C, D or E felony
25 offense, the crime of terrorism shall be deemed to be one category high-
26 er than the specified offense the defendant committed, or one category
27 higher than the offense level applicable to the defendant`s conviction
28 for an attempt {or conspiracy} to commit the offense, whichever is
29 applicable.
30 S 16. Subdivision 3 of section 490.05 of the penal law, as amended by
31 chapter 619 of the laws of 2002, is amended to read as follows:
32 3. "Specified offense" for purposes of this article means a class A
33 felony offense other than an offense as defined in article two hundred
34 twenty, a violent felony offense as defined in section 70.02,
35 manslaughter in the second degree as defined in section 125.15, criminal
36 tampering in the first degree as defined in section 145.20, identity
37 theft in the second degree as defined in section 190.79, identity theft
38 in the first degree as defined in section 190.80, unlawful possession of
39 personal identification information in the second degree as defined in
40 section 190.82, and unlawful possession of personal identification
41 information in the first degree as defined in section 190.83 of this
42 chapter, and includes an attempt {or conspiracy} to commit any such
43 offense.
44 S 17. Subdivision 2 of section 40.30 of the criminal procedure law is
45 amended by adding a new paragraph (c) to read as follows:
46 (C) SUCH PROSECUTION OCCURRED IN A COURT OF ANY JURISDICTION WITHIN
47 THE UNITED STATES OTHER THAN A COURT OF THIS STATE, AND THE PRESENT
48 PROSECUTION IS FOR AN OFFENSE DEFINED IN ARTICLE FOUR HUNDRED NINETY OF
49 THE PENAL LAW.
50 S 18. Subdivision 9 of section 40.50 of the criminal procedure law, as
51 added by chapter 516 of the laws of 1986, is amended to read as follows:
52 9. A person who has been previously prosecuted for racketeering pursu-
53 ant to federal law, or any comparable offense pursuant to the law of
54 another state may not be subsequently prosecuted for enterprise
55 corruption based upon a pattern of criminal activity that specifically
56 includes a criminal act that was also specifically included in the
A. 1294 10
1 pattern of racketeering activity upon which the prior charge of racke-
2 teering was based; provided, however, that this section shall not be
3 construed to prohibit the subsequent prosecution of any other offense
4 specifically included in or otherwise a part of a pattern of racketeer-
5 ing activity alleged in any such prior prosecution for racketeering or
6 other comparable offense, AND SHALL NOT PROHIBIT THE SUBSEQUENT PROSE-
7 CUTION OF ANY OFFENSE UNDER ARTICLE FOUR HUNDRED NINETY OF THE PENAL
8 LAW.
9 S 19. Section 210.40 of the criminal procedure law is amended by
10 adding a new subdivision 2-a to read as follows:
11 2-A. IN ADDITION TO THE GROUNDS SPECIFIED IN SUBDIVISION ONE OF THIS
12 SECTION, UPON ANY MOTION TO DISMISS AN INDICTMENT OR ANY COUNT THEREOF
13 ALLEGING A VIOLATION OF ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW,
14 THE COURT MUST ALSO CONSIDER WHETHER THE DEFENDANT PREVIOUSLY HAS BEEN
15 PROSECUTED IN A COURT OF ANY OTHER JURISDICTION WITHIN THE UNITED STATES
16 BASED UPON THE SAME ACT OR CRIMINAL TRANSACTION.
17 S 20. Section 710.70 of the criminal procedure law is amended by
18 adding a new subdivision 4 to read as follows:
19 4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN A CRIMINAL ACTION IN
20 WHICH THE DEFENDANT IS ACCUSED OF AN OFFENSE DEFINED IN ARTICLE FOUR
21 HUNDRED NINETY OF THE PENAL LAW, THE COURT MAY NOT SUPPRESS EVIDENCE OR
22 ORDER THAT EVIDENCE BE EXCLUDED ON ACCOUNT OF A VIOLATION OF ANY RIGHT
23 ACCORDED BY THE FOURTH AMENDMENT TO THE CONSTITUTION OF THE UNITED
24 STATES OR SECTION TWELVE OF ARTICLE ONE OF THE CONSTITUTION OF THIS
25 STATE, IF THE COURT FINDS AFTER A HEARING THAT THE LAW ENFORCEMENT OFFI-
26 CER OR OFFICERS ACTED IN GOOD FAITH.
27 S 21. Paragraph (a) of subdivision 7 of section 995 of the executive
28 law, as amended by chapter 560 of the laws of 1999, is amended to read
29 as follows:
30 (a){:} sections 120.05, 120.10, and 120.11, relating to assault;
31 sections 125.15 through 125.27 relating to homicide; sections 130.25,
32 130.30, 130.35, 130.40, 130.45, 130.50, 130.67 and 130.70, relating to
33 sex offenses; sections 205.10, 205.15, 205.17 and 205.19, relating to
34 escape and other offenses, where the offender has been convicted within
35 the previous five years of one of the other felonies specified in this
36 subdivision; or section 255.25, relating to incest, a violent felony
37 offense as defined in subdivision one of section 70.02 of the penal law,
38 attempted murder in the first degree, as defined in section 110.00 and
39 section 125.27 of the penal law, kidnapping in the first degree, as
40 defined in section 135.25 of the penal law, arson in the first degree,
41 as defined in section 150.20 of the penal law, burglary in the third
42 degree, as defined in section 140.20 of the penal law {or}, attempted
43 burglary in the third degree, as defined in section 110.00 and section
44 140.20 of the penal law, ANY OFFENSE OR AN ATTEMPT TO COMMIT ANY OFFENSE
45 DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW; or
46 S 22. The tax law is amended by adding a new section 23 to read as
47 follows:
48 S 23. DISCLOSURE OF TAX RETURNS OR REPORTS OF PARTICULARS THEREIN IN
49 INVESTIGATION OR PROSECUTION OF STATE OR FEDERAL TERRORISM OFFENSES;
50 SECRECY REQUIREMENT AND PENALTY FOR VIOLATION. (A) DISCLOSURE OF TAX
51 RETURNS OR REPORTS OR PARTICULARS THEREIN IN CASES INVOLVING STATE OR
52 FEDERAL TERRORISM OFFENSES. (1) NOTWITHSTANDING ANY PROVISION OF LAW TO
53 THE CONTRARY, THE COMMISSIONER MAY DIVULGE, MAKE KNOWN OR DISCLOSE
54 RETURNS OR REPORTS OR PARTICULARS SET FORTH OR DISCLOSED IN ANY RETURN
55 OR REPORT REQUIRED UNDER ANY TAX OR OTHER IMPOSITION ADMINISTERED BY THE
56 COMMISSIONER UPON THE GRANT OF AN EX PARTE ORDER ISSUED BY A SUPERIOR
A. 1294 11
1 COURT UNDER PARAGRAPH TWO OF THIS SUBDIVISION, OR IN RESPONSE TO A GRAND
2 JURY SUBPOENA OR UPON A PARTICULARIZED WRITTEN REQUEST OF THE ATTORNEY
3 GENERAL, A STATE DISTRICT ATTORNEY, A FEDERAL PROSECUTOR, AN INDIVIDUAL
4 SPECIFIED IN 26 U.S.C. 6103(I)(1)(B) OR ANY OTHER ATTORNEY REPRESENTING
5 THE STATE OR THE UNITED STATES, WHICH STATES THAT SUCH INFORMATION IS
6 SOUGHT IN CONNECTION WITH AN INVESTIGATION OR PROSECUTION OF AN ACT OR
7 ACTS IN VIOLATION OF SECTIONS 470.21, 470.22, OR 470.23 OR ARTICLE FOUR
8 HUNDRED NINETY OF THE PENAL LAW OR A FEDERAL TERRORISM OFFENSE AND THE
9 INFORMATION IS OR MAY BE RELEVANT TO THE COMMISSION OF SUCH ACT OR ACTS.
10 ANY SUCH RETURN OR REPORT OR PARTICULARS MAY BE REDISCLOSED TO FEDERAL,
11 STATE OR LOCAL LAW ENFORCEMENT OFFICIALS PARTICIPATING IN THE INVESTI-
12 GATION OF TERRORIST ACTS OR THREATS.
13 (2) SUCH ATTORNEY GENERAL, DISTRICT ATTORNEY, FEDERAL PROSECUTOR,
14 INDIVIDUAL SPECIFIED IN 26 U.S.C. 6103(I)(1)(B) OR OTHER ATTORNEY
15 REPRESENTING THE STATE OR THE UNITED STATES MAY MAKE AN APPLICATION TO A
16 SUPERIOR COURT FOR THE ORDER REFERRED TO IN PARAGRAPH ONE OF THIS SUBDI-
17 VISION. UPON SUCH APPLICATION, SUCH COURT MAY GRANT SUCH ORDER IF IT
18 DETERMINES ON THE BASIS OF THE FACTS SUBMITTED BY THE APPLICANT THAT:
19 (A) THERE IS REASONABLE CAUSE TO BELIEVE THAT A CRIME IN VIOLATION OF
20 SECTION 470.21, 470.22 OR 470.23 OR ARTICLE FOUR HUNDRED NINETY OF THE
21 PENAL LAW OR A FEDERAL TERRORISM OFFENSE HAS BEEN COMMITTED;
22 (B) THERE IS REASONABLE CAUSE TO BELIEVE THAT SUCH RETURN OR REPORT OR
23 PARTICULARS ARE OR MAY BE RELEVANT TO A MATTER RELATING TO THE COMMIS-
24 SION OF SUCH CRIME IN VIOLATION OF SECTION 470.21, 470.22 OR 470.23 OR
25 ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW OR A FEDERAL TERRORISM
26 OFFENSE; AND
27 (C) SUCH RETURN OR REPORT OR PARTICULARS ARE SOUGHT EXCLUSIVELY FOR
28 USE IN THE STATE OR A FEDERAL CRIMINAL INVESTIGATION OR PROCEEDING
29 CONCERNING SUCH CRIME IN VIOLATION OF SECTION 470.21, 470.22 OR 470.23
30 OR ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW OR A FEDERAL TERRORISM
31 OFFENSE, AND THE INFORMATION SOUGHT TO BE DISCLOSED CANNOT REASONABLY BE
32 OBTAINED, UNDER THE CIRCUMSTANCES, FROM ANOTHER SOURCE.
33 (3) IF ANY PERSON SPECIFIED IN PARAGRAPH ONE OF THIS SUBDIVISION HAS
34 RECEIVED ANY SUCH RETURN OR REPORT OR PARTICULARS PURSUANT TO THE
35 PROVISIONS OF THIS SUBDIVISION, THEN SUCH PERSON MAY DISCLOSE TO THE
36 COMMISSIONER ANY INFORMATION DISCOVERED DURING THE COURSE OF ANY INVES-
37 TIGATION OR JUDICIAL PROCEEDING REFERRED TO IN THIS SUBDIVISION, WHICH
38 MAY RELATE TO A VIOLATION OR VIOLATIONS OF THE PROVISIONS OF ANY TAX OR
39 OTHER IMPOSITION ADMINISTERED BY THE COMMISSIONER.
40 (4) IF SUCH ATTORNEY GENERAL, DISTRICT ATTORNEY, FEDERAL PROSECUTOR,
41 INDIVIDUAL SPECIFIED IN 26 U.S.C. 6103(I)(1)(B) OR OTHER ATTORNEY
42 REPRESENTING THE STATE OR THE UNITED STATES HAS OBTAINED ANY SUCH
43 RETURNS OR REPORTS OR PARTICULARS PURSUANT TO THE PROVISIONS OF THIS
44 SUBDIVISION, THEN SUCH RETURNS OR REPORTS OR PARTICULARS MAY BE ADMITTED
45 INTO EVIDENCE AND DISCLOSED IN ANY JUDICIAL PROCEEDING PERTAINING TO
46 ENFORCEMENT OF A CRIME IN VIOLATION OF SECTION 470.21, 470.22 OR 470.23
47 OR ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW OR A FEDERAL TERRORISM
48 OFFENSE OR RELATED CIVIL FORFEITURE (NOT INVOLVING TAX ADMINISTRATION)
49 TO WHICH THE STATE OR THE UNITED STATES IS A PARTY.
50 (B) THIS SECTION SHALL NOT APPLY TO ANY DISCLOSURE OF THE RETURNS OR
51 REPORTS OR PARTICULARS DESCRIBED IN SUBDIVISION (A) OF THIS SECTION TO
52 THE EXTENT THAT SUCH DISCLOSURE IS PERMITTED OR AUTHORIZED BY ANY OTHER
53 PROVISION OF THIS CHAPTER OR ANY PROVISION OF ANY TAX OR OTHER IMPOSI-
54 TION ADMINISTERED BY THE COMMISSIONER.
55 (C) SECRECY REQUIREMENT AND PENALTY FOR VIOLATION. (1) EXCEPT IN
56 ACCORDANCE WITH PROPER JUDICIAL ORDER OR AS OTHERWISE PROVIDED BY LAW,
A. 1294 12
1 IT SHALL BE UNLAWFUL FOR ANY PERSON TO WHOM THE RETURNS OR REPORTS OR
2 PARTICULARS DESCRIBED IN SUBDIVISION (A) OF THIS SECTION ARE DISCLOSED
3 IN ACCORDANCE WITH THIS SECTION TO DIVULGE OR MAKE KNOWN IN ANY MANNER
4 SUCH INCOME OR PARTICULARS FOR USES NOT AUTHORIZED UNDER THIS SECTION.
5 (2) CROSS-REFERENCE. FOR CRIMINAL PENALTIES, SEE ARTICLE THIRTY-SEVEN
6 OF THIS CHAPTER.
7 S 23. Section 1825 of the tax law, as amended by chapter 309 of the
8 laws of 1996, is amended to read as follows:
9 S 1825. Violation of secrecy provisions of the tax law.--Any person
10 who violates the provisions of SECTION TWENTY-THREE, subdivision one of
11 section two hundred two, subdivision eight of section two hundred elev-
12 en, subdivision (a) of section three hundred fourteen, subdivision one
13 or two of section four hundred thirty-seven, section four hundred eight-
14 y-seven, subdivision one or two of section five hundred fourteen,
15 subsection (e) of section six hundred ninety-seven, subsection (a) of
16 section nine hundred ninety-four, subdivision (a) of section eleven
17 hundred forty-six, subdivision (a) of section fourteen hundred eighteen,
18 subsection (a) of section fourteen hundred sixty-seven, subdivision (a)
19 of section fifteen hundred eighteen, subdivision (a) of section fifteen
20 hundred fifty-five of this chapter, and subdivision (e) of section
21 11-1797 of the administrative code of the city of New York shall be
22 guilty of a misdemeanor.
23 S 24. The criminal procedure law is amended by adding a new section
24 700.75 to read as follows:
25 S 700.75 ROVING INTERCEPTIONS.
26 IN ANY CASE IN WHICH THE DESIGNATED OFFENSE IS DEFINED IN PARAGRAPH
27 (Q) OF SUBDIVISION EIGHT OF SECTION 700.05 OF THIS ARTICLE, THE REQUIRE-
28 MENTS OF THIS ARTICLE RELATING TO THE SPECIFICATION OF THE FACILITIES
29 FROM WHICH, OR THE PLACE WHERE, THE COMMUNICATION IS TO BE INTERCEPTED
30 DO NOT APPLY IF:
31 1. IN THE CASE OF AN APPLICATION FOR THE INTERCEPTION OF AN ORAL
32 COMMUNICATION:
33 (A) THE APPLICATION CONTAINS A FULL AND COMPLETE STATEMENT AS TO WHY
34 SUCH SPECIFICATION IS NOT PRACTICAL AND IDENTIFIES THE PERSON COMMITTING
35 THE OFFENSE WHOSE COMMUNICATIONS ARE TO BE INTERCEPTED; AND (B) THE
36 COURT FINDS THAT SUCH SPECIFICATION IS NOT PRACTICAL; OR
37 2. IN THE CASE OF AN APPLICATION WITH RESPECT TO INTERCEPTION OF A
38 WIRE OR ELECTRONIC COMMUNICATION:
39 (A) THE APPLICATION IDENTIFIES THE PERSON BELIEVED TO BE COMMITTING
40 THE OFFENSE AND WHOSE COMMUNICATIONS ARE TO BE INTERCEPTED AND THE
41 APPLICANT MAKES A SHOWING OF A PURPOSE, ON THE PART OF THAT PERSON, TO
42 THWART INTERCEPTION BY CHANGING FACILITIES; AND (B) THE COURT FINDS THAT
43 SUCH PURPOSE HAS BEEN ADEQUATELY SHOWN.
44 3. INTERCEPTION OF COMMUNICATIONS UNDER AN ORDER ISSUED PURSUANT TO
45 THIS SECTION SHALL NOT BEGIN UNTIL THE FACILITIES FROM WHICH, OR THE
46 PLACE WHERE, THE COMMUNICATION IS TO BE INTERCEPTED IS ASCERTAINED BY
47 THE PERSON IMPLEMENTING THE INTERCEPTION ORDER. A PROVIDER OF WIRE OR
48 ELECTRONIC COMMUNICATIONS SERVICE THAT HAS RECEIVED AN ORDER AS PROVIDED
49 FOR IN SUBDIVISION TWO OF THIS SECTION MAY MOVE THE COURT TO MODIFY OR
50 QUASH THE ORDER ON THE GROUNDS THAT ITS ASSISTANCE WITH RESPECT TO THE
51 INTERCEPTION CANNOT BE PERFORMED IN A TIMELY OR REASONABLE FASHION. THE
52 COURT, UPON NOTICE TO THE APPLICANT, SHALL DECIDE SUCH MOTION EXPE-
53 DITIOUSLY.
54 S 25. Section 60.06 of the penal law, as amended by chapter 1 of the
55 laws of 1995, is amended to read as follows:
A. 1294 13
1 S 60.06 Authorized disposition; murder in the first degree OFFENDERS;
2 CERTAIN TERRORISM OFFENDERS; CRIMINAL POSSESSION OF A CHEMICAL
3 OR BIOLOGICAL WEAPON OFFENDERS; CRIMINAL USE OF A CHEMICAL OR
4 BIOLOGICAL WEAPON OFFENDERS.
5 When a person is convicted of murder in the first degree as defined in
6 section 125.27 of this chapter, the court shall, in accordance with the
7 provisions of section 400.27 of the criminal procedure law, sentence the
8 defendant to death, to life imprisonment without parole in accordance
9 with subdivision five of section 70.00 of this {chapter} TITLE or to a
10 term of imprisonment for a class A-I felony other than a sentence of
11 life imprisonment without parole, in accordance with subdivisions one
12 through three of section 70.00 of this {chapter} TITLE. WHEN A PERSON
13 IS CONVICTED OF THE CRIME OF TERRORISM AS DEFINED IN SECTION 490.25 OF
14 THIS CHAPTER, AND THE SPECIFIED OFFENSE IS A CLASS A-I FELONY OFFENSE,
15 OR WHEN A PERSON IS CONVICTED OF THE CRIME OF CRIMINAL POSSESSION OF A
16 CHEMICAL OR BIOLOGICAL WEAPON IN THE FIRST DEGREE AS DEFINED IN SECTION
17 490.55 OF THIS CHAPTER, OR WHEN A PERSON IS CONVICTED OF THE CRIME OF
18 CRIMINAL USE OF A CHEMICAL OR BIOLOGICAL WEAPON IN THE FIRST DEGREE AS
19 DEFINED IN SECTION 490.65 OF THIS CHAPTER, THE COURT SHALL SENTENCE THE
20 DEFENDANT TO LIFE IMPRISONMENT WITHOUT PAROLE IN ACCORDANCE WITH SUBDI-
21 VISION FIVE OF SECTION 70.00 OF THIS TITLE; PROVIDED, HOWEVER, THAT
22 NOTHING HEREIN SHALL PRECLUDE OR PREVENT A SENTENCE OF DEATH WHEN THE
23 PERSON IS ALSO CONVICTED OF MURDER IN THE FIRST DEGREE AS DEFINED IN
24 SECTION 125.27 OF THIS CHAPTER.
25 S 26. Subparagraph (i) of paragraph (a) of subdivision 3 and subdivi-
26 sion 5 of section 70.00 of the penal law, subparagraph (i) of paragraph
27 (a) of subdivision 3 as amended and subdivision 5 as added by chapter 1
28 of the laws of 1995, are amended to read as follows:
29 (i) For a class A-I felony, such minimum period shall not be less than
30 fifteen years nor more than twenty-five years; provided, HOWEVER, that
31 (A) where a sentence, other than a sentence of death or life imprison-
32 ment without parole, is imposed upon a defendant convicted of murder in
33 the first degree as defined in section 125.27 of this chapter such mini-
34 mum period shall be not less than twenty years nor more than twenty-five
35 years OR (B) WHERE A SENTENCE IS IMPOSED UPON A DEFENDANT CONVICTED OF
36 THE CRIME OF TERRORISM AS DEFINED IN SECTION 490.25 OF THIS CHAPTER, AND
37 THE SPECIFIED OFFENSE IS A CLASS A-I FELONY OFFENSE, OR WHERE A SENTENCE
38 IS IMPOSED UPON A DEFENDANT CONVICTED OF THE CRIME OF CRIMINAL
39 POSSESSION OF A CHEMICAL OR BIOLOGICAL WEAPON IN THE FIRST DEGREE AS
40 DEFINED IN SECTION 490.55 OF THIS CHAPTER, OR WHERE A SENTENCE IS
41 IMPOSED UPON A DEFENDANT CONVICTED OF THE CRIME OF CRIMINAL USE OF A
42 CHEMICAL OR BIOLOGICAL WEAPON IN THE FIRST DEGREE AS DEFINED IN SECTION
43 490.65 OF THIS CHAPTER, THE SENTENCE SHALL BE LIFE IMPRISONMENT WITHOUT
44 PAROLE; PROVIDED, HOWEVER, THAT NOTHING HEREIN SHALL PRECLUDE OR PREVENT
45 A SENTENCE OF DEATH WHEN THE PERSON IS ALSO CONVICTED OF MURDER IN THE
46 FIRST DEGREE AS DEFINED IN SECTION 125.27 OF THIS CHAPTER.
47 5. Life imprisonment without parole. Notwithstanding any other
48 provision of law, a defendant sentenced to life imprisonment without
49 parole shall not be or become eligible for parole or conditional
50 release. For purposes of commitment and custody, other than parole and
51 conditional release, such sentence shall be deemed to be an indetermi-
52 nate sentence. A defendant may be sentenced to life imprisonment with-
53 out parole {only} upon conviction for the crime of murder in the first
54 degree as defined in section 125.27 of this chapter and in accordance
55 with the procedures provided by law for imposing a sentence for such
56 crime. A DEFENDANT MUST BE SENTENCED TO LIFE IMPRISONMENT WITHOUT
A. 1294 14
1 PAROLE UPON CONVICTION FOR THE CRIME OF TERRORISM AS DEFINED IN SECTION
2 490.25 OF THIS CHAPTER, WHERE THE SPECIFIED OFFENSE IS A CLASS A-I FELO-
3 NY; THE CRIME OF CRIMINAL POSSESSION OF A CHEMICAL OR BIOLOGICAL WEAPON
4 IN THE FIRST DEGREE AS DEFINED IN SECTION 490.55 OF THIS CHAPTER; THE
5 CRIME OF CRIMINAL USE OF A CHEMICAL OR BIOLOGICAL WEAPON IN THE FIRST
6 DEGREE AS DEFINED IN SECTION 490.65 OF THIS CHAPTER; PROVIDED, HOWEVER,
7 THAT NOTHING HEREIN SHALL PRECLUDE OR PREVENT A SENTENCE OF DEATH WHEN
8 THE PERSON IS ALSO CONVICTED OF THE CRIME OF MURDER IN THE FIRST DEGREE
9 AS DEFINED IN SECTION 125.27 OF THIS CHAPTER.
10 S 27. Paragraph (a) of subdivision 1 of section 70.02 of the penal
11 law, as amended by chapter 300 of the laws of 2001, is amended to read
12 as follows:
13 (a) Class B violent felony offenses: an attempt to commit the class
14 A-I felonies of murder in the second degree as defined in section
15 125.25, kidnapping in the first degree as defined in section 135.25, and
16 arson in the first degree as defined in section 150.20; manslaughter in
17 the first degree as defined in section 125.20, rape in the first degree
18 as defined in section 130.35, sodomy in the first degree as defined in
19 section 130.50, aggravated sexual abuse in the first degree as defined
20 in section 130.70, course of sexual conduct against a child in the first
21 degree as defined in section 130.75; assault in the first degree as
22 defined in section 120.10, kidnapping in the second degree as defined in
23 section 135.20, burglary in the first degree as defined in section
24 140.30, arson in the second degree as defined in section 150.15, robbery
25 in the first degree as defined in section 160.15, criminal possession of
26 a dangerous weapon in the first degree as defined in section 265.04,
27 criminal use of a firearm in the first degree as defined in section
28 265.09, criminal sale of a firearm in the first degree as defined in
29 section 265.13, aggravated assault upon a police officer or a peace
30 officer as defined in section 120.11, gang assault in the first degree
31 as defined in section 120.07, intimidating a victim or witness in the
32 first degree as defined in section 215.17, {and} hindering prosecution
33 of terrorism in the first degree as defined in section 490.35, AND CRIM-
34 INAL POSSESSION OF A CHEMICAL OR BIOLOGICAL WEAPON IN THE SECOND DEGREE
35 AS DEFINED IN SECTION 490.50.
36 S 28. Section 490.05 of the penal law is amended by adding eleven new
37 subdivisions 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 to read as
38 follows:
39 5. "BIOLOGICAL AGENT" MEANS ANY MICRO-ORGANISM, VIRUS, INFECTIOUS
40 SUBSTANCE, OR BIOLOGICAL PRODUCT THAT MAY BE ENGINEERED AS A RESULT OF
41 BIOTECHNOLOGY, OR ANY NATURALLY OCCURRING OR BIOENGINEERED COMPONENT OF
42 ANY SUCH MICRO-ORGANISM, VIRUS, INFECTIOUS SUBSTANCE, OR BIOLOGICAL
43 PRODUCT, CAPABLE OF CAUSING:
44 (A) DEATH, DISEASE, OR OTHER BIOLOGICAL MALFUNCTION IN A HUMAN, AN
45 ANIMAL, A PLANT, OR ANOTHER LIVING ORGANISM;
46 (B) DETERIORATION OF FOOD, WATER, EQUIPMENT, SUPPLIES, OR MATERIAL OF
47 ANY KIND; OR
48 (C) DELETERIOUS ALTERATION OF THE ENVIRONMENT.
49 6. "TOXIN" MEANS THE TOXIC MATERIAL OF PLANTS, ANIMALS, MICRO-ORGAN-
50 ISMS, VIRUSES, FUNGI, OR INFECTIOUS SUBSTANCES, OR A RECOMBINANT MOLE-
51 CULE, WHATEVER ITS ORIGIN OR METHOD OF PRODUCTION INCLUDING:
52 (A) ANY POISONOUS SUBSTANCE OR BIOLOGICAL PRODUCT THAT MAY BE ENGI-
53 NEERED AS A RESULT OF BIOTECHNOLOGY PRODUCED BY A LIVING ORGANISM; OR
54 (B) ANY POISONOUS ISOMER OR BIOLOGICAL PRODUCT, HOMOLOG, OR DERIVATIVE
55 OF SUCH A SUBSTANCE.
A. 1294 15
1 7. "DELIVERY SYSTEM" MEANS (A) ANY APPARATUS, EQUIPMENT, DEVICE, OR
2 MEANS OF DELIVERY SPECIFICALLY DESIGNED TO DELIVER OR DISSEMINATE A
3 BIOLOGICAL AGENT, TOXIN OR VECTOR; OR (B) ANY VECTOR.
4 8. "VECTOR" MEANS A LIVING ORGANISM, OR MOLECULE, INCLUDING A RECOMBI-
5 NANT MOLECULE, OR BIOLOGICAL PRODUCT THAT MAY BE ENGINEERED AS A RESULT
6 OF BIOTECHNOLOGY, CAPABLE OF CARRYING A BIOLOGICAL AGENT OR TOXIN TO A
7 HOST.
8 9. "BIOLOGICAL WEAPON" MEANS ANY BIOLOGICAL AGENT, TOXIN, VECTOR OR
9 DELIVERY SYSTEM OR COMBINATION THEREOF.
10 10. "CHEMICAL WEAPON" MEANS THE FOLLOWING, TOGETHER OR SEPARATELY:
11 (A) A TOXIC CHEMICAL OR ITS PRECURSORS;
12 (B) A MUNITION OR DEVICE SPECIFICALLY DESIGNED TO CAUSE DEATH OR OTHER
13 HARM THROUGH THE TOXIC PROPERTIES OF A TOXIC CHEMICAL OR ITS PRECURSORS,
14 WHICH WOULD BE RELEASED AS A RESULT OF THE EMPLOYMENT OF SUCH MUNITION
15 OR DEVICE;
16 (C) ANY EQUIPMENT SPECIFICALLY DESIGNED FOR USE DIRECTLY IN CONNECTION
17 WITH THE EMPLOYMENT OF MUNITIONS OR DEVICES; OR
18 (D) ANY DEVICE THAT IS DESIGNED TO RELEASE RADIATION OR RADIOACTIVITY
19 AT A LEVEL DANGEROUS TO HUMAN LIFE.
20 11. "PRECURSOR" MEANS ANY CHEMICAL REACTANT THAT TAKES PART AT ANY
21 STAGE IN THE PRODUCTION BY WHATEVER METHOD OF A TOXIC CHEMICAL, INCLUD-
22 ING ANY KEY COMPONENT OF A BINARY OR MULTICOMPONENT CHEMICAL SYSTEM, AND
23 INCLUDES PRECURSORS WHICH HAVE BEEN IDENTIFIED FOR APPLICATION OF
24 VERIFICATION MEASURES UNDER ARTICLE VI OF THE CONVENTION IN SCHEDULES
25 CONTAINED IN THE ANNEX ON CHEMICALS OF THE CHEMICALS WEAPONS CONVENTION.
26 12. "KEY COMPONENT OF A BINARY OR MULTICOMPONENT CHEMICAL SYSTEM"
27 MEANS THE PRECURSOR WHICH PLAYS THE MOST IMPORTANT ROLE IN DETERMINING
28 THE TOXIC PROPERTIES OF THE FINAL PRODUCT AND REACTS RAPIDLY WITH OTHER
29 CHEMICALS IN THE BINARY OR MULTICOMPONENT SYSTEM.
30 13. "TOXIC CHEMICAL" MEANS ANY CHEMICAL WHICH THROUGH ITS CHEMICAL
31 ACTION ON LIFE PROCESSES CAN CAUSE DEATH, SERIOUS PHYSICAL INJURY OR
32 PERMANENT HARM TO HUMANS OR ANIMALS, INCLUDING ALL SUCH CHEMICALS,
33 REGARDLESS OF THEIR ORIGIN OR OF THEIR METHOD OF PRODUCTION, AND REGARD-
34 LESS OF WHETHER THEY ARE PRODUCED IN FACILITIES, IN MUNITIONS OR ELSE-
35 WHERE, AND INCLUDES TOXIC CHEMICALS WHICH HAVE BEEN IDENTIFIED FOR THE
36 APPLICATION OF VERIFICATION MEASURES UNDER ARTICLE VI OF THE CONVENTION
37 IN SCHEDULES CONTAINED IN THE ANNEX ON CHEMICALS OF THE CHEMICALS WEAP-
38 ONS CONVENTION.
39 14. "CHEMICAL WEAPONS CONVENTION" AND "CONVENTION" MEANS THE CONVEN-
40 TION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION, STOCKPILING AND
41 USE OF CHEMICAL WEAPONS AND THEIR DESTRUCTION, OPENED FOR SIGNATURE ON
42 JANUARY THIRTEENTH, NINETEEN HUNDRED NINETY-THREE.
43 15. THE TERMS "BIOLOGICAL AGENT," "TOXIN," AND "TOXIC CHEMICAL" DO NOT
44 INCLUDE ANY BIOLOGICAL AGENT, TOXIN OR TOXIC CHEMICAL THAT IS IN ITS
45 NATURALLY OCCURRING ENVIRONMENT, IF THE BIOLOGICAL AGENT, TOXIN OR TOXIC
46 CHEMICAL HAS NOT BEEN CULTIVATED, COLLECTED, OR OTHERWISE EXTRACTED FROM
47 ITS NATURAL SOURCE.
48 S 29. The penal law is amended by adding five new sections 490.50,
49 490.55, 490.60, 490.65 and 490.70 to read as follows:
50 S 490.50 CRIMINAL POSSESSION OF A CHEMICAL OR BIOLOGICAL WEAPON IN THE
51 SECOND DEGREE.
52 A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A CHEMICAL OR BIOLOGICAL
53 WEAPON IN THE SECOND DEGREE WHEN HE OR SHE:
54 1. POSSESSES ANY BIOLOGICAL WEAPON UNDER CIRCUMSTANCES EVINCING AN
55 INTENT TO USE, OR KNOWLEDGE THAT SOME PERSON INTENDS TO USE, SUCH WEAPON
56 AGAINST A PERSON FOR UNLAWFUL PURPOSES; OR
A. 1294 16
1 2. POSSESSES ANY CHEMICAL OR BIOLOGICAL WEAPON WITH INTENT TO USE SUCH
2 WEAPON TO CAUSE SERIOUS PHYSICAL INJURY OR DEATH TO ANOTHER PERSON, OR
3 CAUSE PHYSICAL INJURY TO MORE THAN THREE PEOPLE.
4 CRIMINAL POSSESSION OF A CHEMICAL OR BIOLOGICAL WEAPON IN THE SECOND
5 DEGREE IS A CLASS B FELONY.
6 S 490.55 CRIMINAL POSSESSION OF A CHEMICAL OR BIOLOGICAL WEAPON IN THE
7 FIRST DEGREE.
8 A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A CHEMICAL OR BIOLOGICAL
9 WEAPON IN THE FIRST DEGREE WHEN HE OR SHE POSSESSES ANY CHEMICAL OR
10 BIOLOGICAL WEAPON WITH INTENT TO USE SUCH WEAPON:
11 1. TO INTIMIDATE OR COERCE A CIVILIAN POPULATION;
12 2. TO INFLUENCE THE POLICY OF A UNIT OF GOVERNMENT BY INTIMIDATION OR
13 COERCION;
14 3. TO AFFECT THE CONDUCT OF A UNIT OF GOVERNMENT BY MURDER, ASSASSI-
15 NATION OR KIDNAPPING;
16 4. TO CAUSE SERIOUS PHYSICAL INJURY OR DEATH TO MORE THAN ONE PERSON;
17 5. TO CAUSE PHYSICAL INJURY TO MORE THAN FIVE PERSONS; OR
18 6. UNDER CIRCUMSTANCES EVINCING A DEPRAVED INDIFFERENCE TO HUMAN LIFE.
19 CRIMINAL POSSESSION OF A CHEMICAL OR BIOLOGICAL WEAPON IN THE FIRST
20 DEGREE IS A CLASS A-I FELONY.
21 S 490.60 CRIMINAL USE OF A CHEMICAL OR BIOLOGICAL WEAPON IN THE SECOND
22 DEGREE.
23 A PERSON IS GUILTY OF CRIMINAL USE OF A CHEMICAL OR BIOLOGICAL WEAPON
24 IN THE SECOND DEGREE WHEN:
25 1. (A) WITH INTENT TO:
26 (I) INTIMIDATE OR COERCE A CIVILIAN POPULATION;
27 (II) INFLUENCE THE POLICY OF A UNIT OF GOVERNMENT BY INTIMIDATION OR
28 COERCION;
29 (III) AFFECT THE CONDUCT OF A UNIT OF GOVERNMENT BY MURDER, ASSASSI-
30 NATION OR KIDNAPPING;
31 (IV) CAUSE SERIOUS PHYSICAL INJURY OR DEATH TO ANOTHER PERSON OR PHYS-
32 ICAL INJURY TO MORE THAN THREE PERSONS; OR
33 (B) UNDER CIRCUMSTANCES EVINCING A DEPRAVED INDIFFERENCE TO HUMAN
34 LIFE;
35 2. HE OR SHE USES, DEPLOYS, RELEASES, OR CAUSES TO BE USED, DEPLOYED,
36 OR RELEASED, ANY CHEMICAL OR BIOLOGICAL WEAPON.
37 CRIMINAL USE OF A CHEMICAL OR BIOLOGICAL WEAPON IN THE SECOND DEGREE
38 IS A CLASS A-II FELONY.
39 S 490.65 CRIMINAL USE OF A CHEMICAL OR BIOLOGICAL WEAPON IN THE FIRST
40 DEGREE.
41 A PERSON IS GUILTY OF CRIMINAL USE OF A CHEMICAL OR BIOLOGICAL WEAPON
42 IN THE FIRST DEGREE WHEN:
43 1. (A) WITH INTENT TO:
44 (I) INTIMIDATE OR COERCE A CIVILIAN POPULATION;
45 (II) INFLUENCE THE POLICY OF A UNIT OF GOVERNMENT BY INTIMIDATION OR
46 COERCION;
47 (III) AFFECT THE CONDUCT OF A UNIT OF GOVERNMENT BY MURDER, ASSASSI-
48 NATION OR KIDNAPPING;
49 (IV) CAUSE SERIOUS PHYSICAL INJURY OR DEATH TO MORE THAN ONE PERSON OR
50 PHYSICAL INJURY TO MORE THAN FIVE PERSONS; OR
51 (B) UNDER CIRCUMSTANCES EVINCING A DEPRAVED INDIFFERENCE TO HUMAN
52 LIFE;
53 2. HE OR SHE USES, DEPLOYS, RELEASES, OR CAUSES TO BE USED, DEPLOYED,
54 OR RELEASED, ANY CHEMICAL OR BIOLOGICAL WEAPON AND CAUSES PHYSICAL INJU-
55 RY, SERIOUS PHYSICAL INJURY OR DEATH TO ANOTHER PERSON.
A. 1294 17
1 CRIMINAL USE OF A CHEMICAL OR BIOLOGICAL WEAPON IN THE FIRST DEGREE IS
2 A CLASS A-I FELONY.
3 S 490.70 LIMITATIONS.
4 1. THE PROVISIONS OF SECTIONS 490.50, 490.55, 490.60 AND 490.65 OF
5 THIS ARTICLE SHALL NOT APPLY WHERE THE DEFENDANT POSSESSED OR USED:
6 (A) ANY HOUSEHOLD PRODUCT APPROVED FOR SALE TO CONSUMERS AT RETAIL IN
7 THIS STATE IN THE QUANTITY AND CONCENTRATION APPROVED FOR SUCH RETAIL
8 SALE;
9 (B) A SELF-DEFENSE SPRAY DEVICE IN ACCORDANCE WITH THE PROVISIONS OF
10 PARAGRAPH FOURTEEN OF SUBDIVISION A OF SECTION 265.20 OF THIS CHAPTER;
11 (C) A CHEMICAL WEAPON SOLELY FOR A PURPOSE NOT PROHIBITED UNDER THIS
12 CHAPTER, AS LONG AS THE TYPE AND QUANTITY IS CONSISTENT WITH SUCH A
13 PURPOSE; OR
14 (D) A BIOLOGICAL AGENT, TOXIN, OR DELIVERY SYSTEM SOLELY FOR PROPHY-
15 LACTIC, PROTECTIVE, BONA FIDE RESEARCH OR OTHER PEACEFUL PURPOSES.
16 2. FOR THE PURPOSES OF THIS SECTION, THE PHRASE "PURPOSES NOT PROHIB-
17 ITED BY THIS CHAPTER" MEANS THE FOLLOWING: (A) ANY PEACEFUL PURPOSE
18 RELATED TO AN INDUSTRIAL, AGRICULTURAL, RESEARCH, MEDICAL OR PHARMACEU-
19 TICAL ACTIVITY OR OTHER PEACEFUL ACTIVITY; (B) ANY PURPOSE DIRECTLY
20 RELATED TO PROTECTION AGAINST TOXIC CHEMICALS AND TO PROTECTION AGAINST
21 CHEMICAL WEAPONS; (C) ANY MILITARY PURPOSE OF THE UNITED STATES THAT IS
22 NOT CONNECTED WITH THE USE OF A CHEMICAL WEAPON OR THAT IS NOT DEPENDENT
23 ON THE USE OF THE TOXIC OR POISONOUS PROPERTIES OF THE CHEMICAL WEAPON
24 TO CAUSE DEATH OR OTHER HARM; AND (D) ANY LAW ENFORCEMENT PURPOSE,
25 INCLUDING ANY DOMESTIC RIOT CONTROL PURPOSE AND INCLUDING IMPOSITION OF
26 CAPITAL PUNISHMENT.
27 3. FOR THE PURPOSES OF SECTIONS 490.60 AND 490.65 OF THIS ARTICLE, THE
28 PHRASE "DEPRAVED INDIFFERENCE TO HUMAN LIFE" MEANS THE USE OF A CHEMICAL
29 OR BIOLOGICAL WEAPON WITHOUT REGARD TO THE NUMBER OF PERSONS, OTHER THAN
30 THE INTENDED VICTIM AND VICTIMS, WHO MAY BE KILLED OR INJURED BY SUCH
31 WEAPON, INCLUDING BUT NOT LIMITED TO DEATHS AND INJURIES THAT MAY BE
32 CAUSED DIRECTLY BY THE RELEASE OF THE CHEMICAL OR BIOLOGICAL WEAPON, OR
33 THAT MAY BE CAUSED INDIRECTLY BY THE SUBSEQUENT TRANSMISSION OF
34 INJECTION OR DISEASE TO OTHER PERSONS.
35 S 30. Subdivision 1 of section 110.05 of the penal law, as amended by
36 chapter 367 of the laws of 1974, is amended to read as follows:
37 1. Class A-I felony when the crime attempted is the A-I felony of
38 murder in the first degree, criminal possession of a controlled sub-
39 stance in the first degree {or}, criminal sale of a controlled substance
40 in the first degree, CRIMINAL POSSESSION OF A CHEMICAL OR BIOLOGICAL
41 WEAPON IN THE FIRST DEGREE OR CRIMINAL USE OF A CHEMICAL OR BIOLOGICAL
42 WEAPON IN THE FIRST DEGREE;
43 S 31. Section 240.61 of the penal law, as amended by chapter 561 of
44 the laws of 1999 and the closing paragraph as amended by chapter 301 of
45 the laws of 2001, is amended to read as follows:
46 S 240.61 Placing a false bomb OR HAZARDOUS SUBSTANCE in the second
47 degree.
48 A person is guilty of placing a false bomb OR HAZARDOUS SUBSTANCE in
49 the second degree when he or she places, or causes to be placed, any
50 device or object that by its design, construction, content or character-
51 istics appears to be or to contain, a bomb, destructive device {or},
52 explosive OR HAZARDOUS SUBSTANCE, but is, in fact, an inoperative
53 facsimile or imitation of such a bomb, destructive device {or},
54 explosive OR HAZARDOUS SUBSTANCE and which he or she knows, intends or
55 reasonably believes will appear to be a bomb, DESTRUCTIVE DEVICE,
A. 1294 18
1 EXPLOSIVE OR HAZARDOUS SUBSTANCE under circumstances in which it is
2 likely to cause public alarm or inconvenience.
3 Placing a false bomb OR HAZARDOUS SUBSTANCE in the second degree is a
4 class E felony.
5 S 32. Section 240.62 of the penal law, as amended by chapter 301 of
6 the laws of 2001, is amended to read as follows:
7 S 240.62 Placing a false bomb OR HAZARDOUS SUBSTANCE in the first
8 degree.
9 A person is guilty of placing a false bomb OR HAZARDOUS SUBSTANCE in
10 the first degree when he or she places, or causes to be placed, in or
11 upon school grounds, a public building, or a public place any device or
12 object that by its design, construction, content or characteristics
13 appears to be or to contain, a bomb, destructive device {or}, explosive
14 OR HAZARDOUS SUBSTANCE, but is, in fact, an inoperative facsimile or
15 imitation of such a bomb, destructive device {or}, explosive OR HAZARD-
16 OUS SUBSTANCE and which he or she knows, intends or reasonably believes
17 will appear to be a bomb, DESTRUCTIVE DEVICE, EXPLOSIVE OR HAZARDOUS
18 SUBSTANCE under circumstances in which it is likely to cause public
19 alarm or inconvenience. For purposes of this section the term "public
20 building" shall have the meaning set forth in section four hundred one
21 of the executive law.
22 Placing a false bomb OR HAZARDOUS SUBSTANCE in the first degree is a
23 class D felony.
24 S 33. Section 240.63 of the penal law, as amended by chapter 301 of
25 the laws of 2001, is amended to read as follows:
26 S 240.63 Placing a false bomb OR HAZARDOUS SUBSTANCE in a sports stadium
27 or arena, mass transportation facility or enclosed shopping
28 mall.
29 A person is guilty of placing a false bomb OR HAZARDOUS SUBSTANCE in a
30 sports stadium or arena, mass transportation facility or enclosed shop-
31 ping mall when he or she places, or causes to be placed, in a sports
32 stadium or arena, mass transportation facility or enclosed shopping
33 mall, in which it is likely that persons are present, any device or
34 object that by its design, construction, content or characteristics
35 appears to be or to contain a bomb, destructive device {or}, explosive
36 OR HAZARDOUS SUBSTANCE, but is, in fact, an inoperative facsimile or
37 imitation of such a bomb, destructive device {or}, explosive OR HAZARD-
38 OUS SUBSTANCE and which he or she knows, intends or reasonably believes
39 will appear to be a bomb, DESTRUCTIVE DEVICE, EXPLOSIVE OR HAZARDOUS
40 SUBSTANCE under circumstances in which it is likely to cause public
41 alarm or inconvenience. For purposes of this section, "sports stadium or
42 arena, mass transportation facility or enclosed shopping mall" shall
43 have its natural meaning.
44 Placing a false bomb OR HAZARDOUS SUBSTANCE in a sports stadium or
45 arena, mass transportation facility or enclosed shopping mall is a class
46 D felony.
47 S 34. If any item, clause, sentence, subparagraph, subdivision,
48 section or other part of this act, or the application thereof to any
49 person or circumstances shall be held to be invalid, such holding shall
50 not affect, impair or invalidate the remainder of this act, or the
51 application of such section or part of a section held invalid, to any
52 other person or circumstances, but shall be confined in its operation to
53 the item, clause, sentence, subparagraph, subdivision, section or other
54 part of this act directly involved in such holding, or to the person and
55 circumstances therein involved.
A. 1294 19
1 S 35. This act shall take effect immediately, provided, however, that
2 the provisions of section 23 of the tax law as added by section twenty-
3 two of this act and the provisions of section 700.75 of the criminal
4 procedure law, as added by section twenty-four of this act, shall expire
5 and be deemed repealed two years after such date.
.SO DOC A 1294 *END* BTXT 2003
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