senate Bill S5270

Relates to the crime of soliciting or providing support for an act of terrorism

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 03 / May / 2011
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 10 / May / 2011
    • 1ST REPORT CAL.616
  • 11 / May / 2011
    • 2ND REPORT CAL.
  • 16 / May / 2011
    • ADVANCED TO THIRD READING
  • 01 / Jun / 2011
    • PASSED SENATE
  • 01 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 01 / Jun / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 18 / Jan / 2012
    • 1ST REPORT CAL.83
  • 19 / Jan / 2012
    • 2ND REPORT CAL.
  • 23 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 06 / Feb / 2012
    • PASSED SENATE
  • 06 / Feb / 2012
    • DELIVERED TO ASSEMBLY
  • 06 / Feb / 2012
    • REFERRED TO CODES

Summary

Relates to the crime of soliciting or providing support for an act of terrorism.

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Bill Details

Versions:
S5270
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง490.10 & 490.15, Pen L

Sponsor Memo

BILL NUMBER:S5270

TITLE OF BILL:
An act
to amend the penal law, in relation to soliciting or providing support
for an act of terrorism

PURPOSE:
This legislation increases the penalties for soliciting or providing
support for an act of terrorism in the first, second and third degree.

SUMMARY OF PROVISIONS:
Section One - amends Section 490.10 and 490.15 of the penal law , as
added by chapter 300 of the laws of 2001 increasing the penalty of
soliciting or providing support for an act of terrorism to third
degree when the intent that material support or resources will be
used, in whole or in part, to plan ,prepare, carry out or aid in
either an act of terrorism or the concealment of, or an escape from
,an act of terrorism, he or she raises, solicits, collects or
provides material support or resources.

Section One - increases the penalty for soliciting or providing
support for an act of terrorism in the third degree a class D felony.

Section One - defines providing support for an act of terrorism in the
second degree as a person who commits soliciting or providing support
for an act of terrorism and the total value of material support or
resources is in any amount and soliciting or providing involves the
use of a credit card.

Section One - defines the penalty for soliciting or providing support
for an act of terrorism in the second degree as a class C felony.

Section One - defines soliciting or providing support for an act of
terrorism in the first degree as when a when he or she commits the
crime of soliciting or providing support for an act of terrorism or
the total value of material support or resources exceeds fives
thousand dollars.

Section One - defines the penalty for soliciting and providing support
for an act of terrorism in the first degree as a class B felony.

Section Two - this act shall take effect on the first November next
succeeding the date on which it shall have become law.

JUSTIFICATION:
On April 8, 2011, Senator Greg Ball - Chairman of the committee on
Veterans, Homeland Security and Military affairs held a hearing on
the opportunities to improve New York State's Homeland Security
Operations and how far New York State has come since September 11,
2001. One of the primary issues that was addressed during the hearing
was the ability for terrorist organizations to obtain funds through
credit card fraud and money laundering. Another startling conclusion
made, was the lack of enforcement and lean penalties when criminals
were charged.


This legislation will serve as a strong message to criminals providing
support to terrorists. By increasing the penalties for each degree of
credit card fraud, New York State will show its serious commitment to
cutting the purse of terrorists.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first November next
succeeding the date on which it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5270

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the penal law, in relation to  soliciting  or  providing
  support for an act of terrorism

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Sections 490.10 and 490.15 of the penal law,  as  added  by
chapter 300 of the laws of 2001, are amended and a new section 490.12 is
added to read as follows:
S 490.10 Soliciting  or providing support for an act of terrorism in the
           [second] THIRD degree.
  A person commits soliciting or providing support for an act of terror-
ism in the [second] THIRD degree when, with intent that material support
or resources will be used, in whole or in part, to plan, prepare,  carry
out  or  aid  in either an act of terrorism or the concealment of, or an
escape from, an act of terrorism, he or she raises,  solicits,  collects
or provides material support or resources.
  Soliciting  or  providing  support  for  an  act  of  terrorism in the
[second] THIRD degree is a class D felony.
S 490.12 SOLICITING OR PROVIDING SUPPORT FOR AN ACT OF TERRORISM IN  THE
           SECOND DEGREE.
  A PERSON COMMITS SOLICITING OR PROVIDING SUPPORT FOR AN ACT OF TERROR-
ISM  IN THE SECOND DEGREE WHEN HE OR SHE COMMITS THE CRIME OF SOLICITING
OR PROVIDING SUPPORT FOR AN ACT OF TERRORISM IN THE  THIRD  DEGREE,  AND
THE  TOTAL  VALUE  OF MATERIAL SUPPORT OR RESOURCES EXCEEDS ONE THOUSAND
DOLLARS, OR THE TOTAL VALUE OF MATERIAL SUPPORT OR RESOURCES IS  IN  ANY
AMOUNT  AND  SUCH  SOLICITING  OR PROVIDING INVOLVES THE USE OF A CREDIT
CARD.
  SOLICITING OR PROVIDING SUPPORT FOR AN ACT OF TERRORISM IN THE  SECOND
DEGREE IS A CLASS C FELONY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11329-01-1

S. 5270                             2

S  490.15 Soliciting or providing support for an act of terrorism in the
           first degree.
  A person commits soliciting or providing support for an act of terror-
ism  in  the first degree when he or she commits the crime of soliciting
or providing support for an act of terrorism  in  the  THIRD  OR  second
degree  and  the  total  value  of material support or resources exceeds
[one] FIVE thousand dollars.
  Soliciting or providing support for an act of terrorism in  the  first
degree is a class [C] B felony.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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