NY State Assembly Bill 2009-A8878

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 16, 2010	held for consideration in codes
Jan 06, 2010	referred to codes
Jun 12, 2009	referred to codes

co-Sponsors

2009-A8878 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Rpld §§156.00, 156.05, 156.10, 156.20, 156.25, 156.26, 156.27 & 156.50; amd Pen L, generally; rpld §250.30, amd CP L, generally; amd §§1310, 1311-a & 1313, CPLR; add §33, amd §1825, Tax L; amd §21, Exec L

2009-A8878 (ACTIVE) - Summary

Establishes the crimes of computer intrusion in the third degree, computer intrusion in the second degree, computer intrusion in the first degree, aggravated computer intrusion, use of a minor in the commission of a computer offense, and cyberterrorism, repealing certain sections of law related therewith, and making technical corrections; enacts legislation relating to terrorism; including the crimes of agricultural adulteration in the first and second degrees, cyber-terrorism, hazardous use of a laser pointer, structuring in the first and second degrees, criminal facilitation of terrorism and conspiracy to commit terrorism; geographical jurisdiction of offenses, special aircraft jurisdiction of the state

2009-A8878 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8878

TITLE OF BILL:  An act to amend the penal law, in relation to establish-
ing definitions pertaining to offenses involving computers, establishing
the crimes of computer intrusion in the third degree, computer intrusion
in the second degree, computer intrusion in the first degree, aggravated
computer  intrusion,  use  of  a  minor  in the commission of a computer
offense, and cyberterrorism; to amend the  criminal  procedure  law,  in
relation  to  making certain technical corrections thereto; to amend the
penal law, the criminal procedure law, the civil practice law and rules,
the tax law and the executive law, in relation to acts of terrorism;  to
repeal  certain  provisions  of the penal law and the criminal procedure
law relating to offenses involving  computers;  and  providing  for  the
repeal of certain provisions upon expiration thereof

PURPOSE  OR GENERAL IDEA OF BILL: Enacts legislation relating to terror-
ism; including the crimes of agricultural adulteration in the first  and
second  degrees,  cyber-terrorism,  hazardous  use  of  a laser pointer,
structuring in. the first and second degrees; computer intrusion in  the
first, second and third degrees, aggravated computer intrusion, use of a
minor  in the commission of a computer offense, criminal facilitation of
terrorism and conspiracy to commit terrorism; geographical  jurisdiction
of  offenses, special aircraft jurisdiction of the state; search warrant
of a foreign electronic  communications  service  or  a  foreign  remote
computing service, liability of providers; roving interceptions; repeal-
ing  certain  sections  of  law  related therewith, and making technical

corrections.

SUMMARY OF PROVISIONS:   Section 1  Repeals  sections  1.56.00,  156.05,
156.10, 156.20, 156.25, 156.26, 156.27 and 156.50 of the penal law.

Section  2  Establishes  definitions  for  the terms "computer network,"
"computer software or computer program,"  "computer  operating  system,"
"computer   material,"   "computer  program,"  "computer  exploit,"  and
"peripheral computer device."

Section 3 Establishes a new section  computer  intrusion  in  the  third
degree,  a  class  A  misdemeanor.  A person would be guilty of computer
intrusion in the third degree when he  or  she,  without  authorization,
alters  or  destroys computer programs, installs a computer program on a
computer without authorization, commits a denial of  service  attack  or
uses a computer or device connected and controlled by a computer.

Section  4  Establishes  a  new section computer intrusion in the second
degree, a class E felony. A person would be guilty of computer intrusion
in the second degree when he or she commits computer  intrusion  in  the
third  degree  and  he or she has previously been convicted of any crime
under this article, alters or destroys  computer  material,  he  or  she
commits  the  third  degree  crime  with the intention of committing any
felony or he or she causes damages In an aggregate Of $2500.

Section 5 Establishes a new section  computer  intrusion  in  the  first
degree, a class D felony. A person would be guilty of this crime when he
or  she has been convicted of computer intrusion in the third degree and
causes damages in an aggregate of $10,000.

Section  6  Establishes  a new crime of aggravated computer intrusion, a
cleat E felony. A person is guilty of aggravated computer intrusion when
he or she commits the crime of computer intrusion in  the  third  degree
and  in  furtherance of the crime encrypts a deleterious set of computer
instructions, develops a computer exploit that modifies a computer oper-
ating system making it difficult to repair, or  creates  an  exploit  to
attack  a  specific  vulnerability as identified by a software developer
who develops a "patch" or  software  update  for  a  computer  operating
system.

Section 7 Establishes the crime of use of a minor in the commission of a
computer offense. A person is guilty of use of a minor in the commission
of a computer offense when he or she intentionally influences a child to
commit  a  computer  offense or intentionally and willfully supplies the
child with the information to commit a computer offense.

Section 8 Would add a new section 156.50 of the  penal  law  to  provide
that  it  shall  be  a  defense  under  sections 156.05, 156.10, 156.20,
156.25, and 156.40 if the defendant was authorized to use  the  computer
pursuant  to  a  service agreement and where such use 'Originated from a
service location within the United States or Canada.

Section 9 Defines the term "Act of Cyberternorism."

Section 10 Amends article 490 of the penal law by adding a  new  section
490.28,  creating  the  crime  of  cyberterrorium,  a class El felony. A
person would be guilty of the crime of cyberterrorism when, with  intent
to intimidate or coerce a civilian population, influence the policy of a
unit of government by intimidation or coercion, or affect the conduct of
a  unit  of  government,  he  or she commits any of the crimes contained
within article 156 of the penal law.

Section 11 Removes paragraph u) of subdivision 1 of  section  240.20  of
the Criminal Procedure Law that refers to sections repealed by section 1
of this act.

Section 12 Repeals section 250.30 of the Criminal Procedure Law.

Section 13 contains a severability clause.

Section 14 of the bill would amend the Penal Law to create the crimes of
Agricultural  Adulteration  in the First Degree, punishable as a class C
felony, and Agricultural Adulteration in the second  Degree,  punishable
as  a  class D felony. These crimes are intended to appropriately crimi-
nalize and punish the design, development, manufacture,  or  utilization
of  genetic,  biological  or  chemical agents in order to contaminate or
destroy agricultural products and livestock.  If Agricultural  Adultera-

tion  in  the  First  or  Second  Degree is committed with a terroristic
intent, as defined in Article 490 of the Penal Law, it would be punished
as a class B or class C felony, respectively.

Section  15 of the bill would amend the Penal Law to create the Crime of
CyberTerrorism, which would be punishable as a Class D felony a  "denial
of service attack" (i.e., overloading a computer network so am to under-
mine  its  capability)  against  a  computer  network  administered by a
government, utility or financial institution.

Sections 3, 4 and 5 of the bill would amend the Penal Law to include  an
aggregation of damage, including damages to any computer affected by the
crimes of computer tampering.

Section  16  of  the  bill  would  amend the existing crime of Criminal.
Impersonation in the Penal Law to add impersonating a  pilot,  or  other
member of an aviation flight or ground crew.

Section  17 of the bill would amend the Penal Law to include money laun-
dering in support of  terrorism  offenses,  structuring,  and  terrorism
offenses  within  the definition of the term "criminal act" for purposes
of an enterprise corruption prosecution.

Section 18 of the bill would amend the Penal Law to  include  the  money
laundering  in  support  of terrorism crimes to the list of offenses for
which a fine may be imposed.

sections 19 and 10 of the bill amend the Penal Law  to  create  the  new
crime  of  "Structuring."  The  new offense of Structuring in the Second
Degree, punishable as a class B felony, would penalize those  who  cause
or  attempt  to cause a financial institution not to comply with federal
filing requirements. The new offense of Structuring in the First Degree,
punishable as a class D felony, would  penalize  those  who  commit  the
second degree offense with the intention of promoting the carrying on of
criminal  conduct  or as part of a pattern of illegal activity involving
more than $100,000 in any twelve month period.

Section 20 of the bill would amend the Penal Law to  include  concealing
or  disguising  the nature or ownership of material support or resources
as an element of the crime of soliciting or providing  material  support
or resources for an act of Terrorism in the Second Degree.

Sections  22  of  the  bill  would amend the Penal Law to create the new
crimes of Criminal Facilitation of Terrorism and  Conspiracy  to  Commit
Terrorism  which  would  apply  traditional  criminal  facilitation  and
conspiracy concepts in the context of terror Crimes.

Section 21 the bill would amend the Penal Law to make conforming  chang-
es.

Section  22  of  the  bill  would amend the Penal Law to add the amended
crimes of Computer Tampering and the new crimes of Agricultural Adulter-

ation to the definition of "specified offense" for the crime of  terror-
ism.

Sections 16 and 17 of the bill would amend the Criminal Procedure Law to
extend  state jurisdiction to crimes committed on an aircraft that lands
in New York.

Section 23 of the hill would amend the Criminal Procedure Law to  elimi-
nate  in  terrorist  cases  provisions of state law that require corrob-
oration of accomplice testimony.

Sections 24 through 23 would amend the Criminal Procedure Law to clarify
and improve the issuance of search warrants for out-of-state  phone  and
computer services, and wireless telephones.

Sections  24,  25  and 25 of the bill would amend the Criminal Procedure
Law to include the amended crimes of Computer Tampering, the new  crimes
of  Agricultural Adulteration, as well as Money Laundering in support of
Terrorism and Cyherterrorism offense to the list of offenses  for  which
law  enforcement  may  obtain  an  eaves- dropping or video surveillance
warrants.

Section 27 of the bill would amend the Criminal Procedure Law to  ensure
that  a  terrorist  is not deemed to have been prosecuted if such prose-
cution occurred in a court of any jurisdiction within the United  States
other than a New York State court.

Section  28 of the bill would amend the Criminal Procedure Law to elimi-
nate any restriction against the prosecution of terrorists for the crime
of Enterprise Corruption when an underlying, criminal act of such prose-
cution was also part of a previous prosecution for racketeering  by  the
federal government of the government of another state.

Section 29 of the bill would amend the Criminal Procedure Law to require
a  court  to consider whether a defendant has previously been prosecuted
in a court in another jurisdiction within the United States  based  upon
the same criminal act or transaction when deciding a motion to dismiss a
terrorism indictment in furtherance of justice.

Section 30 of the bill would amend the Criminal Procedure Law to prevent
the  suppression  of reliable evidence of guilt in terrorism cases where
an officer acted in good faith.

Section 31 of the bill would amend the Criminal Procedure Law to  permit
roving  interceptions  by law enforcement in certain circumstances. This
section includes a two year expiration provision.

Sections 32, 33 and 34 of the bill would amend the  Civil  Practice  Law
and  Rules  to  subject terrorists' property located outside of New York
State to civil forfeiture.

Section 35 of the bill would amend  the  tax  Law  to  provide  for  the
disclosure  of  tax  related  information to a prosecutor pursuant to an
exparte order issued in connection with the investigation or prosecution
of a crime. In addition, this section also would provide that tax infor-
mation  may  be  disclosed  to  a prosecutor.in response to a grand jury
subpoena  or  a  particularized  written  request  of  a  prosecutor  in
connection  with  the  investigation  of  a  state  or federal terrorism
offense where the information sought is relevant to  the  commission  of
such offense. This section includes a two-year expiration provision.

Section  36 of the bill would provide that a person who violates the new
Section 37 of the Tax Law is guilty of a misdemeanor.

Section 38 of the bill would add the Director of the Office of  Homeland
Security  as  an  ex officio member of the Disaster Preparedness Commis-
sion.

JUSTIFICATION:  The tragic events of the September 11th attack,  orches-
trated by a handful of extremists cloaked in a false shroud of religious
righteousness,  and the continuing real and present threat to New York's
cities and citizens, underscore the compelling need  for  further  anti-
terror measures to enhance public safety.

It  is  our  nation's profound commitment to the principles of democracy
and the rule of law - a commitment despised by terrorists - that enables
us to respond efficiently and effectively  to  the  outrageous  criminal
acts of terrorists. Creating new criminal offenses, increasing penalties
and instituting procedural reforms to enhance the powers of law enforce-
ment are necessary to combat their cowardly and inhumane acts of terror.

While  experts debate when and how an attack on our food and agriculture
industry may take place, all agree that, in addition to causing  serious
human and animal health consequences, an attack could create substantial
fear and disruption among our citizens and result in billions of dollars
of damage to this critical sector.

Despite  its  urban  image, New York is an important agricultural state.
The State's abundant Water supplies, fertile soils and favorable climat-
ic conditions position New York's $3.1 billion agriculture  industry  as
an  important  industry  across the state. The industry is a fundamental
component of the economy of virtually every community in rural New York,
and the food processing, marketing and retail sectors  are  economically
important in the State 's urban sectors as Well.

Overall,  New York's 37,000 farms generate thousands of jobs and support
a substantial agri-business industry, and generate billions  of  dollars
annually  for the State economy. In a table-top simulation of the intro-
duction of Foot and mouth Disease into  a  single  livestock  market  in
Texas,  evaluation  of  the  daily  movement  records  from  that market
revealed that the disease could move to 17 other states within 72 hours.

In light of the great harm that would be caused  by  an  attack  on  New
York's  food  or  agriculture,  the establishment of a specific crime of
agricultural, adulteration, and adding this new crime to the  definition
of  "specified  offense" for the crime of terrorism will assist not only
in punishing those responsible, but in providing a stronger deterrent to
those considering such action in the future.

Likewise,  New  York  City  is home to the world's pre-eminent financial
markets and institutions - markets and institutions abhorred by  terror-
ists,  as  evidenced  by  the  horrific  events  of  September 11, 2001.
Although the spirit of capitalism and, democracy threatens the autocrat-
ic rule of terrorist leaders, terrorist organizations will  continue  to
function  unless meaningful steps are taken to cut off their networks of
financial support.

That terrorists have raised, disguised, and used the money necessary  to
train  and  hone  their lethal trade in our midst makes abundantly clear
the need to enable law enforcement to uncover these terror proceeds  and
punish severely those who manipulate this money for terrorist purposes.

By  creating  the state crimes of Structuring, Criminal Facilitation and
Conspiracy  in  Furtherance  of  Terrorism,   this   bill   appropriate-
ly.recognizes the need to track and trace the relatively small amount of
money  needed  to  perpetrate fiendish acts of terrorism that could cost
countless priceless lives and billions of dollars.

The citizens of New York cannot afford to bestow on  defendants  accused
of  terrorist  acts  the  windfall  of the exclusionary rule if a police
officer makes a technical error in the recovery of evidence. TO  prevent
terrorists  from escaping justice on account of good faith errors by law
enforcement officials during searches and seizures, the bill would amend
existing law to ensure that a good faith error made by a law enforcement
official in a terrorist case will not necessitate the exclusion of reli-
able evidence of guilt and will prevent a terrorist from getting off  on
a "technicality."

Terrorists  have  benefited  from  major  technological  advancements in
cellular communications. Cellular phones, once a rarity, have become  as
common as home telephones. Regrettably, these phones have enabled crimi-
nals  to  thwart  law enforcement initiatives simply by changing phones.
Current law requires  separate  judicial  authorization,  a  timely  and
cumbersome  process,  for  each  phone to be monitored by authorized law
enforcement.

This bill, therefore, would remove this requirement and enable judges to
authorize Proving wiretaps" so that law enforcement is able  to  monitor
all  communications  by  persons  reasonably suspected of involvement in
terrorist activities regardless of how many  cell  phones  they  use  to
Conduct and plan and organize their illegal activities.

Technology  has  exponentially  evolved during the two decades since the
state law that created computer crimes was enacted. For example, we  use

computers  to  store  banking records, credit card data, medical history
and  other  presumably  confidential  information  that  is  transferred
millions of times a day through cyberspace.

Computers  control  the  systems  that  provide us with power, emergency
services and transportation. People with  extensive  computer  knowledge
and  nefarious  motives  have  also  evolved With the times and economic
landscape of cyberspace. Therefore, it is necessary that the  penal  law
punish  computer criminals who may not be violent but nonetheless pose a
significant threat to individuals and the economy.

This legislation also holds accountable those who conduct cyber  attacks
against  utilities  and  financial  institutions.  Existing law does not
contemplate systemic, coordinated and well executed  electronic  attacks
against  critical, computer-operated systems such as government adminis-
tration, electrical grids, water delivery systems,  emergency  services,
and  financial systems.  Current prohibitions in the penal law deal with
individual or very small-scale efforts to tamper with a single computer,
not coordinated and systematic attacks Against the large-scale  computer
systems  that  control  critical  infrastructure  assets, protect public
safety and maintain stability in New York State's Financial industries.

Recognizing the grave nature of terrorist  acts,  the  bill  also  would
enhance the prosecution of terrorists in the following significant ways:

(1) Permitting the prosecution of all terrorists under all circumstances
in state courts, despite the pendency of a prosecution or a prior prose-
cution in a jurisdiction other than a New York State court;

(2)  Eliminating in terrorist cases provisions of state law that require
corroboration of accomplice testimony (under federal law and in a major-
ity  of  states,  the  corroboration  of  accomplice  testimony  is  not
required);

(3)  Enhancing the authority of law enforcement to investigate terrorist
activity by authorizing in appropriate cases  the  release  of  the  tax
returns to criminal investigators and

(4)  Strengthening  the  authority of law enforcement to subject terror-
ists, property located outside of New York State to civil forfeiture.

(5) Defining cyberterrorism and updating the 20-year old computer  crime
section of the penal law and crack down on backers that illegally obtain
personal  financial,  medical  or  other  information,  alter or destroy
computer programs, install computer programs without authorization,  use
a  computer  or  device  connected  and controlled by a computer without
authorization, create and send computer "viruses" and  "worms"  designed
to  damage  or  destroy  a  computer  system or use children to commit a
computer offense.

The images of the savage attack on the World Trade Center and the Penta-
gon on September 11, 2001 will be forever remembered by  all  Americans.

The  slaughter  of  innocent  civilians,  and  the sacrifice of selfless
police officers, brave firefighters and other heroic emergency  services
personnel,  will  never  be  forgotten.  A crime of unimaginable horror,
terrorism tears at the very fabric of our society, threatening to rob us
of our commitment to freedom, justice and democracy.

This  bill  would  protect  that commitment by providing law enforcement
with the necessary tools to investigate, prosecute  and  punish  terror-
ists.

PRIOR LEGISLATIVE HISTORY: NEW BILL

FISCAL IMPLICATIONS: None Noted

2009-A8878 (ACTIVE) - Bill Text download pdf

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

                                  8878

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 12, 2009
                               ___________

Introduced  by  M. of A. BALL, WALKER, TOWNSEND, CROUCH -- read once and
  referred to the Committee on Codes

AN ACT to amend the penal law, in relation to  establishing  definitions
  pertaining to offenses involving computers, establishing the crimes of
  computer  intrusion  in  the  third  degree, computer intrusion in the
  second degree, computer intrusion  in  the  first  degree,  aggravated
  computer  intrusion,  use  of  a minor in the commission of a computer
  offense, and cyberterrorism; to amend the criminal procedure  law,  in
  relation to making certain technical corrections thereto; to amend the
  penal  law,  the  criminal  procedure  law, the civil practice law and
  rules, the tax law and the executive  law,  in  relation  to  acts  of
  terrorism; to repeal certain provisions of the penal law and the crim-
  inal  procedure  law  relating  to  offenses  involving computers; 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:

  Section  1.  Sections  156.00, 156.05, 156.10, 156.20, 156.25, 156.26,
156.27 and 156.50 of the penal law are REPEALED and seven  new  sections
156.00,  156.05,  156.10, 156.20, 156.25, 156.40 and 156.50 are added to
read as follows:
S 156.00 OFFENSES INVOLVING COMPUTERS; DEFINITION OF TERMS.
  THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS CHAPTER EXCEPT  WHERE
DIFFERENT MEANINGS ARE EXPRESSLY SPECIFIED:
  1.  "COMPUTER"  MEANS  A  DEVICE OR GROUP OF DEVICES WHICH, BY MANIPU-
LATION OF ELECTRONIC, MAGNETIC,  OPTICAL  OR  ELECTROCHEMICAL  IMPULSES,
PURSUANT  TO  A  COMPUTER PROGRAM, CAN AUTOMATICALLY PERFORM ARITHMETIC,
LOGICAL, STORAGE OR RETRIEVAL OPERATIONS WITH OR ON COMPUTER  DATA,  AND
INCLUDES ANY CONNECTED OR DIRECTLY RELATED DEVICE, EQUIPMENT OR FACILITY
WHICH ENABLES SUCH COMPUTER TO STORE, RETRIEVE OR COMMUNICATE TO OR FROM
A  PERSON,  ANOTHER  COMPUTER  OR ANOTHER DEVICE THE RESULTS OF COMPUTER
OPERATIONS, COMPUTER PROGRAMS OR COMPUTER DATA.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11331-03-9

A. 8878                             2

  2. "COMPUTER DATA" IS PROPERTY AND MEANS A REPRESENTATION OF  INFORMA-
TION,  KNOWLEDGE,  FACTS, CONCEPTS OR INSTRUCTIONS WHICH ARE BEING PROC-
ESSED, OR HAVE BEEN PROCESSED IN A COMPUTER AND  MAY  BE  IN  ANY  FORM,
INCLUDING MAGNETIC STORAGE MEDIA, PUNCHED CARDS, OR STORED INTERNALLY IN
THE MEMORY OF THE COMPUTER.
  3. "DATA NETWORK" MEANS A COMPUTER SYSTEM THAT PROVIDES COMMUNICATIONS
BETWEEN  ONE  OR  MORE COMPUTER SYSTEMS AND ITS INPUT OR OUTPUT DEVICES,
INCLUDING, BUT NOT LIMITED TO,  DISPLAY  TERMINALS  THAT  ARE  INTERCON-
NECTED.
  4.  "COMPUTER  SOFTWARE  OR  COMPUTER  APPLICATION"  MEANS  A  SET  OF
INSTRUCTIONS OR STATEMENTS AND RELATED  DATA  WHICH,  WHEN  EXECUTED  IN
ACTUAL  OR  MODIFIED  FORM,  CAUSE  A COMPUTER, COMPUTER SYSTEM, OR DATA
NETWORK TO PERFORM SPECIFIED FUNCTIONS.
  5. "COMPUTER OPERATING SYSTEM" MEANS A COMPUTER PROGRAM THAT  CONTROLS
INTERNAL  AND  EXTERNAL COMPUTER SOFTWARE OR COMPUTER APPLICATIONS, THAT
MAY BE USED TO EXECUTE OTHER COMPUTER PROGRAMS, GENERATE OUTPUT  IN  THE
FORM OF VISUAL, PRINT OR STORAGE MEDIA, OR TO CONTROL PERIPHERAL COMPUT-
ER DEVICES.
  6.  "COMPUTER  MATERIAL"  IS  PROPERTY  AND MEANS ANY COMPUTER DATA OR
COMPUTER PROGRAM WHICH:
  (A) CONTAINS RECORDS OF THE MEDICAL HISTORY OR MEDICAL TREATMENT OF AN
IDENTIFIED OR READILY IDENTIFIABLE INDIVIDUAL OR INDIVIDUALS. THIS  TERM
SHALL  NOT  APPLY  TO THE GAINING ACCESS TO OR DUPLICATION SOLELY OF THE
MEDICAL HISTORY OR MEDICAL TREATMENT RECORDS OF A PERSON BY THAT  PERSON
OR BY ANOTHER PERSON SPECIFICALLY AUTHORIZED BY THE PERSON WHOSE RECORDS
ARE GAINED ACCESS TO OR DUPLICATED; OR
  (B) CONTAINS RECORDS MAINTAINED BY THE STATE OR ANY POLITICAL SUBDIVI-
SION  THEREOF OR ANY GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE WHICH
CONTAINS ANY INFORMATION CONCERNING A  PERSON  WHICH  BECAUSE  OF  NAME,
NUMBER,  SYMBOL,  MARK  OR OTHER IDENTIFIER, CAN BE USED TO IDENTIFY THE
PERSON AND WHICH IS OTHERWISE PROHIBITED BY LAW  FROM  BEING  DISCLOSED.
THIS TERM SHALL NOT APPLY TO THE GAINING ACCESS TO OR DUPLICATION SOLELY
OF  RECORDS OF A PERSON BY THAT PERSON OR BY ANOTHER PERSON SPECIFICALLY
AUTHORIZED BY THE PERSON WHOSE RECORDS ARE GAINED ACCESS  TO  OR  DUPLI-
CATED; OR
  (C)  CONTAINS  THE  FINANCIAL INFORMATION OF A PERSON. THIS TERM SHALL
NOT APPLY TO THE GAINING ACCESS TO OR DUPLICATION SOLELY OF RECORDS OF A
PERSON BY THAT PERSON OR BY ANOTHER PERSON  SPECIFICALLY  AUTHORIZED  BY
THE PERSON WHOSE RECORDS ARE GAINED ACCESS TO OR DUPLICATED; OR
  (D)  IS  NOT  AND IS NOT INTENDED TO BE AVAILABLE TO ANYONE OTHER THAN
THE PERSON OR PERSONS  RIGHTFULLY  IN  POSSESSION  THEREOF  OR  SELECTED
PERSONS  HAVING  ACCESS THERETO WITH HIS, HER OR THEIR CONSENT AND WHICH
ACCORDS OR MAY ACCORD SUCH RIGHTFUL POSSESSORS AN ADVANTAGE OVER COMPET-
ITORS OR OTHER PERSONS WHO DO NOT HAVE KNOWLEDGE OR THE BENEFIT THEREOF.
  7. "COMPUTER EXPLOIT" MEANS A COMPUTER  PROGRAM  OR  SET  OF  COMPUTER
INSTRUCTIONS  DESIGNED  TO  MODIFY,  DAMAGE, DESTROY, RECORD OR TRANSMIT
INFORMATION WITHIN A COMPUTER, COMPUTER SYSTEM OR DATA  NETWORK  WITHOUT
THE  INTENT  OR  PERMISSION  OF  THE  OWNER OF THE INFORMATION OR OF THE
COMPUTER, COMPUTER SYSTEM OR DATA NETWORK. THIS  INCLUDES,  BUT  IS  NOT
LIMITED  TO, INTRUSIONS KNOWN AS MALICIOUS CODES, VIRUSES OR WORMS WHICH
MAY BE SELF-REPLICATING OR SELF-PROPAGATING AND WHICH  ARE  DESIGNED  TO
CONTAMINATE  OTHER COMPUTERS, COMPUTER APPLICATIONS, COMPUTER SYSTEMS OR
COMPUTER DATA NETWORKS; CONSUME  COMPUTER  RESOURCES;  MODIFY,  DESTROY,
RECORD,  OR  TRANSMIT  DATA;  OR  IN SOME OTHER FASHION USURP THE NORMAL
OPERATION OF THE COMPUTER, COMPUTER  APPLICATION,  COMPUTER  SYSTEM,  OR
DATA NETWORK.

A. 8878                             3

  8.  "COMPUTER  SYSTEM"  MEANS  A GROUP OF ONE OR MORE COMPUTERS LINKED
TOGETHER WITH THE ABILITY TO SHARE INFORMATION AND RESOURCES.
  9.  "COMPUTER  PROGRAM"  IS  PROPERTY AND MEANS AN ORDERED SET OF DATA
REPRESENTING CODED INSTRUCTIONS OR STATEMENTS THAT, WHEN EXECUTED  BY  A
COMPUTER,  CAUSES THE COMPUTER TO PROCESS DATA OR DIRECT THE COMPUTER TO
PERFORM ONE OR MORE COMPUTER OPERATIONS OR BOTH AND MAY BE IN ANY FORM.
  10. "COMPUTER SERVICE" MEANS ANY  AND  ALL  SERVICES  PROVIDED  BY  OR
THROUGH  THE  FACILITIES  OF  ANY COMPUTER, DATA NETWORK, APPLICATION OR
OPERATING SYSTEM ALLOWING THE INPUT, OUTPUT, EXAMINATION,  OR  TRANSFER,
OF COMPUTER DATA OR COMPUTER PROGRAM FROM ONE COMPUTER TO ANOTHER.
  11.  "PERIPHERAL COMPUTER DEVICE" MEANS A DEVICE DIRECTLY CONNECTED TO
A COMPUTER OR INDIRECTLY THROUGH A DATA NETWORK.
  12. "PATCH" MEANS A SOFTWARE OR APPLICATION UPDATE DISTRIBUTED BY  THE
COMPUTER  SOFTWARE  MAKER  DESIGNED  TO  FIX A VULNERABILITY IN COMPUTER
SOFTWARE OR COMPUTER APPLICATION.
S 156.05 COMPUTER INTRUSION IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF COMPUTER INTRUSION IN THE THIRD DEGREE  WHEN  HE
OR SHE DIRECTLY OR INDIRECTLY:
  1.  WILLFULLY, KNOWINGLY AND WITHOUT AUTHORIZATION MODIFIES, DESTROYS,
ACCESSES OR DISCLOSES APPLICATIONS OR SUPPORTING DOCUMENTATION  RESIDING
OR EXISTING INTERNALLY OR EXTERNALLY TO A COMPUTER OR COMPUTER SYSTEM OR
DATA NETWORK; OR
  2.  WILLFULLY, KNOWINGLY AND WITHOUT AUTHORIZATION INSTALLS A COMPUTER
APPLICATION OR SOFTWARE; OR
  3. WILLFULLY, KNOWINGLY AND WITHOUT AUTHORIZATION, DIRECTLY  OR  INDI-
RECTLY,  USES  A  COMPUTER,  COMPUTER  OPERATING SYSTEM, DATA NETWORK OR
PERIPHERAL COMPUTER DEVICE CONNECTED THROUGH A DATA NETWORK; OR
  4. WILLFULLY AND KNOWINGLY COMMITS A DENIAL OF SERVICE  ATTACK.    FOR
THE  PURPOSES OF THIS SECTION, "DENIAL OF SERVICE ATTACK" MEANS PREVENT-
ING AUTHORIZED ACCESS TO COMPUTER RESOURCES OR  DELAYING  TIME  CRITICAL
COMPUTER  OPERATIONS  BY  INUNDATING  OR  OTHERWISE  OVERLOADING  A DATA
NETWORK, OR ATTEMPTING TO INUNDATE  OR  OTHERWISE  OVERLOAD  A  COMPUTER
SERVICE.
  COMPUTER INTRUSION IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
S 156.10 COMPUTER INTRUSION IN THE SECOND DEGREE.
  A  PERSON IS GUILTY OF COMPUTER INTRUSION IN THE SECOND DEGREE WHEN HE
OR SHE COMMITS COMPUTER INTRUSION IN THE THIRD DEGREE AND:
  1. HE OR SHE HAS PREVIOUSLY BEEN CONVICTED OF  ANY  CRIME  UNDER  THIS
ARTICLE; OR
  2.  HE  OR  SHE  INTENTIONALLY AND WITHOUT AUTHORIZATION ALTERS IN ANY
MANNER OR DESTROYS COMPUTER MATERIAL, AS DEFINED IN  SECTION  156.00  OF
THIS ARTICLE; OR
  3.  HE OR SHE DOES SO WITH THE INTENT TO COMMIT OR FURTHER THE COMMIS-
SION OF ANY FELONY; OR
  4. HE OR SHE CAUSES DAMAGES AS A RESULT OF THE COMPUTER  INTRUSION  IN
AN AGGREGATE AMOUNT EXCEEDING TWENTY-FIVE HUNDRED DOLLARS.
  COMPUTER INTRUSION IN THE SECOND DEGREE IS A CLASS E FELONY.
S 156.20 COMPUTER INTRUSION IN THE FIRST DEGREE.
  A  PERSON  IS GUILTY OF COMPUTER INTRUSION IN THE FIRST DEGREE WHEN HE
OR SHE COMMITS THE CRIME OF COMPUTER INTRUSION IN THE THIRD DEGREE SO AS
TO CAUSE DAMAGES AS A RESULT OF THE COMPUTER INTRUSION IN  AN  AGGREGATE
AMOUNT EXCEEDING TEN THOUSAND DOLLARS.
  COMPUTER INTRUSION IN THE FIRST DEGREE IS A CLASS D FELONY.
S 156.25 AGGRAVATED COMPUTER INTRUSION.

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  A  PERSON  IS  GUILTY  OF AGGRAVATED COMPUTER INTRUSION WHEN HE OR SHE
COMMITS THE CRIME OF COMPUTER INTRUSION  IN  THE  THIRD  DEGREE  AND  IN
FURTHERANCE OF SUCH CRIME HE OR SHE:
  1.  ENCRYPTS  A COMPUTER EXPLOIT OR DELETERIOUS SET OF INSTRUCTIONS IN
AN IMAGE OR COMPUTER FILE; OR
  2. DEVELOPS A COMPUTER EXPLOIT THAT MODIFIES  THE  COMPUTER,  COMPUTER
SYSTEM,  OR  COMPUTER OPERATING SYSTEM SO THAT A COMPUTER USER IS UNABLE
TO REPAIR THE MODIFICATION; OR
  3. DEVELOPS A COMPUTER EXPLOIT THAT USES A PATCH DEVELOPED BY A  SOFT-
WARE  COMPANY  TO  TARGET A COMPUTER, COMPUTER SYSTEM, COMPUTER PROGRAM,
DATA NETWORK, COMPUTER SERVICE OR COMPUTER OPERATING  SYSTEM  TO  TARGET
AND EXPLOIT A VULNERABILITY IN THE COMPUTER OPERATING SYSTEM OR COMPUTER
PROGRAM.
  AGGRAVATED COMPUTER INTRUSION IS A CLASS E FELONY.
S 156.40 USE OF A MINOR IN THE COMMISSION OF A COMPUTER OFFENSE.
  A  PERSON  IS GUILTY OF USE OF A MINOR IN THE COMMISSION OF A COMPUTER
OFFENSE WHEN, BEING EIGHTEEN YEARS OF AGE OR OLDER, HE  OR  SHE  USES  A
CHILD  UNDER  THE  AGE  OF  EIGHTEEN TO EFFECTUATE THE COMMISSION OF ANY
COMPUTER OFFENSE UNDER THIS ARTICLE BY:
  1. INFLUENCING OR COERCING THE CHILD TO COMMIT THE  COMPUTER  OFFENSE;
OR
  2.  INTENTIONALLY OR WILLFULLY SUPPLIES THE CHILD WITH THE INFORMATION
NECESSARY TO COMMIT THE COMPUTER OFFENSE WITH  THE  KNOWLEDGE  THAT  THE
CHILD INTENDS TO COMMIT A COMPUTER OFFENSE.
  USE  OF  A  MINOR IN THE COMMISSION OF A COMPUTER OFFENSE IS A CLASS E
FELONY.
S 156.50 OFFENSES INVOLVING COMPUTERS; DEFENSES.
  UNDER SECTIONS 156.05, 156.10, 156.20,  156.25,  AND  156.40  OF  THIS
ARTICLE  IT  SHALL BE A DEFENSE THAT THE DEFENDANT WAS AUTHORIZED TO USE
THE COMPUTER PURSUANT TO A SERVICE AGREEMENT AND WHERE SUCH  USE  ORIGI-
NATED FROM A SERVICE LOCATION WITHIN THE UNITED STATES OR CANADA.
  S 2. Section 490.05 of the penal law is amended by adding a new subdi-
vision 18 to read as follows:
  18.  "ACT  OF  CYBERTERRORISM"  MEANS  THE  USE OF COMPUTING RESOURCES
INCLUDING BUT NOT LIMITED TO COMPUTERS, COMPUTER SYSTEMS, DATA NETWORKS,
COMPUTER SOFTWARE, COMPUTER APPLICATIONS AND COMPUTER OPERATING  SYSTEMS
AS  SUCH  TERMS  ARE  DEFINED IN SECTION 156.00 OF THIS CHAPTER, AGAINST
PERSONS OR PROPERTY TO INTIMIDATE OR  COERCE  A  GOVERNMENT,  THE  POPU-
LATION,  OR  ANY  SEGMENT THEREOF, IN FURTHERANCE OF POLITICAL OR SOCIAL
OBJECTIVES.
  S 3. The penal law is amended by adding a new section 490.28  to  read
as follows:
S 490.28 CYBERTERRORISM.
  A  PERSON  IS GUILTY OF CYBERTERRORISM WHEN, WITH THE INTENT TO INTIM-
IDATE A CIVILIAN POPULATION, INFLUENCE THE POLICY OF A UNIT  OF  GOVERN-
MENT  BY  INTIMIDATION  OR  COERCION, OR AFFECT THE CONDUCT OF A UNIT OF
GOVERNMENT, HE OR SHE COMMITS ANY OF THE CRIMES CONTAINED WITHIN ARTICLE
ONE HUNDRED FIFTY-SIX OF THIS CHAPTER  DIRECTED  AGAINST  ANY  COMPUTER,
COMPUTER  SYSTEM  OR DATA NETWORK OWNED OR OPERATED BY A LOCAL, STATE OR
FEDERAL GOVERNMENT ENTITY, ANY UTILITY INCLUDING BUT NOT LIMITED TO, ANY
ELECTRIC OR WATER UTILITY, OR A FINANCIAL INSTITUTION.
  CYBERTERRORISM IS A CLASS B FELONY.
  S 4. Paragraphs (j) and (k) of subdivision 1 of section 240.20 of  the
criminal  procedure  law,  paragraph  (j) as added by chapter 514 of the
laws of 1986 and paragraph (k) as added by chapter 536 of  the  laws  of
1989, are amended to read as follows:

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  (j)  In [any prosecution under penal law section 156.05 or 156.10, the
time, place and manner of notice given pursuant to  subdivision  six  of
section 156.00 of such law.
  (k) in] any prosecution commenced in a manner set forth in this subdi-
vision  alleging a violation of the vehicle and traffic law, in addition
to any material required to be disclosed pursuant to this  article,  any
other  provision  of  law,  or  the constitution of this state or of the
United States, any written  report  or  document,  or  portion  thereof,
concerning  a  physical  examination,  a  scientific test or experiment,
including the most recent record of inspection, or calibration or repair
of machines or instruments utilized to perform such scientific tests  or
experiments and the certification certificate, if any, held by the oper-
ator of the machine or instrument, which tests or examinations were made
by  or  at  the  request or direction of a public servant engaged in law
enforcement activity or which was made by a person whom  the  prosecutor
intends  to  call  as  a witness at trial, or which the people intend to
introduce at trial.
  S 5. Section 250.30 of the criminal procedure law is REPEALED.
  S 6. Title P of the penal law is amended by adding a new  article  280
to read as follows:
                               ARTICLE 280
                     OFFENSES RELATED TO AGRICULTURE
SECTION 280.00 DEFINITIONS.
        280.05 AGRICULTURAL ADULTERATION IN THE SECOND DEGREE.
        280.10 AGRICULTURAL ADULTERATION IN THE FIRST DEGREE.
        280.15 LIMITATIONS OF APPLICATION.
S 280.00 DEFINITIONS.
  THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
  1. "CROPS" MEANS CORN, WHEAT, OATS, RYE, BARLEY, HAY, POTATOES AND DRY
BEANS.
  2.  "FARM PRODUCT" MEANS ANY AGRICULTURAL, HORTICULTURAL, FLORICULTUR-
AL, OR VEGETABLE OR FRUIT PRODUCTS OF THE  SOIL,  AQUACULTURE  PRODUCTS,
LIVESTOCK  OR  MEAT,  DAIRY  PRODUCTS, POULTRY, EGGS, MILK, HONEY, MAPLE
TREE SAP AND MAPLE PRODUCTS PRODUCED THEREFROM, WOOL, HIDES, HAY,  STRAW
AND GRAINS.
  3.  "FOOD"  AND  "FOOD  PRODUCTS"  MEANS  ALL ARTICLES OF FOOD, DRINK,
CONFECTIONERY OR CONDIMENT, WHETHER SIMPLE, MIXED OR COMPOUND,  USED  OR
INTENDED  FOR  USE  BY  MAN  OR  ANIMALS,  AND  SHALL  ALSO  INCLUDE ALL
SUBSTANCES OR INGREDIENTS TO BE ADDED TO FOOD FOR ANY PURPOSE.
  4. "LIVESTOCK" MEANS CATTLE,  SHEEP,  HOGS,  GOATS,  HORSES,  POULTRY,
RATITES  (SUCH AS OSTRICHES, EMUS, RHEAS AND KIWIS), FARMED DEER, FARMED
BUFFALO, AND FUR BEARING ANIMALS.
  5. "PLANTS" MEANS TREES, SHRUBS, VINES, ANNUALS,  BIENNIALS,  PERENNI-
ALS,  VEGETABLES, FORAGE AND CEREAL PLANTS AND ALL OTHER PLANT CUTTINGS,
GRAFTS, SCIONS, BUDS, AND OTHER PARTS OF PLANTS AND  FRUIT,  VEGETABLES,
ROOTS, BULBS, SEEDS, WOOD AND LUMBER.
S 280.05 AGRICULTURAL ADULTERATION IN THE SECOND DEGREE.
  A  PERSON  IS GUILTY OF AGRICULTURAL ADULTERATION IN THE SECOND DEGREE
WHEN HE OR SHE:
  1. INTENTIONALLY DESIGNS, MANUFACTURES OR ALTERS GENETIC  MATERIAL  TO
CREATE  A BIOLOGICAL AGENT OR TOXIN WITH THE INTENT TO DESTROY A FOOD OR
FARM PRODUCT OR TO RENDER A FOOD OR FARM PRODUCT  OTHERWISE  UNDESIRABLE
FOR ITS CUSTOMARY USE; OR
  2.  INTENTIONALLY DESIGNS, DEVELOPS OR UTILIZES A PROCESS OR PROCESSES
TO GENETICALLY ALTER ANY PLANT USED FOR HUMAN OR  LIVESTOCK  CONSUMPTION

A. 8878                             6

WITH  THE  INTENT TO RENDER SUCH PLANT TOXIC OR UNFIT FOR HUMAN OR LIVE-
STOCK CONSUMPTION.
  AGRICULTURAL ADULTERATION IN THE SECOND DEGREE IS A CLASS D FELONY.
S 280.10 AGRICULTURAL ADULTERATION IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OF AGRICULTURAL ADULTERATION IN THE FIRST DEGREE
WHEN HE OR SHE:
  1. INTENTIONALLY INTRODUCES A  BIOLOGICAL  ORGANISM,  TOXIN  OR  TOXIC
CHEMICAL  WITH  THE  INTENTION OF CAUSING HARM TO OR DISEASE OR DEATH OF
LIVESTOCK, OR RENDERING THE PRODUCTS OF SUCH LIVESTOCK UNFIT  FOR  HUMAN
CONSUMPTION;
  2.  INTENTIONALLY  CONTAMINATES,  ADULTERATES,  DEFILES,  CORRUPTS  OR
ALTERS A FOOD OR FARM PRODUCT WITH THE INTENT TO INJURE, SICKEN OR  KILL
PERSONS OR LIVESTOCK; OR
  3. INTENTIONALLY INTRODUCES ANY BIOLOGICAL ORGANISM TO PLANTS OR CROPS
WITH  THE INTENT TO RENDER SUCH PLANTS OR CROPS TOXIC OR OTHERWISE UNFIT
FOR HUMAN OR LIVESTOCK CONSUMPTION, OR UNDESIRABLE FOR  THEIR  CUSTOMARY
USE,  OR  TO CAUSE THE LAND UPON WHICH SUCH PLANTS OR CROPS ARE PRODUCED
TO BE UNSUITABLE FOR FURTHER AGRICULTURAL USE OR PRODUCTION.
  AGRICULTURAL ADULTERATION IN THE FIRST DEGREE IS A CLASS C FELONY.
S 280.15 LIMITATIONS OF APPLICATION.
  THIS ARTICLE DOES NOT  APPLY  TO  ANY  PROPERLY  CONDUCTED  SCIENTIFIC
TESTS,  EXPERIMENTS,  INVESTIGATIONS  OR OTHER LAWFUL ACTIVITY INVOLVING
THE USE OF CROPS, FARM  PRODUCTS,  FOOD,  FOOD  PRODUCTS,  LIVESTOCK  OR
PLANTS,  AS  DEFINED  IN  THIS ARTICLE, PERFORMED FOR ONE OR MORE OF THE
FOLLOWING PURPOSES:
  1. ANY PURPOSE SPECIFICALLY PERMITTED BY LAW;
  2. ANY  PEACEFUL  PURPOSE  RELATED  TO  AN  INDUSTRIAL,  AGRICULTURAL,
RESEARCH,  MEDICAL,  OR PHARMACEUTICAL ACTIVITY OR OTHER PEACEFUL ACTIV-
ITY;
  3. ANY PURPOSE DIRECTLY RELATED TO PROTECTION AGAINST TOXIC  CHEMICALS
AND TO PROTECTION AGAINST CHEMICAL WEAPONS;
  4.  ANY  MILITARY  PURPOSE  OF THE UNITED STATES THAT IS NOT CONNECTED
WITH THE USE OF A CHEMICAL WEAPON OR THAT IS NOT DEPENDENT ON THE USE OF
THE TOXIC OR POISONOUS PROPERTIES OF THE CHEMICAL WEAPON TO CAUSE  DEATH
OR OTHER HARM; AND
  5.  ANY  LAW  ENFORCEMENT PURPOSE, INCLUDING ANY DOMESTIC RIOT CONTROL
PURPOSE AND INCLUDING IMPOSITION OF CAPITAL PUNISHMENT.
  S 7. Section 190.26 of the penal law is amended by adding a new subdi-
vision 4 to read as follows:
  4. WHEN UPON AN AIRCRAFT OR IN AN AIRPORT, PRETENDS TO BE A PILOT OR A
MEMBER OF AN AVIATION FLIGHT OR  GROUND  CREW,  OR  WEARS,  DISPLAYS  OR
POSSESSES  WITHOUT  AUTHORITY, ANY UNIFORM, BADGE, INSIGNIA, IDENTIFICA-
TION OR FACSIMILE THEREOF BY WHICH SUCH PILOT,  FLIGHT  OR  GROUND  CREW
MEMBER  IS  DISTINGUISHED,  OR  FALSELY EXPRESSES BY HIS OR HER WORDS OR
ACTIONS THAT HE OR SHE IS A PILOT OR FLIGHT OR GROUND CREW MEMBER OR  IS
ACTING WITH THE APPROVAL OR AUTHORITY OF ANY AIRLINE, AIRPORT, TRANSPOR-
TATION AUTHORITY OR AVIATION REGULATORY AGENCY.
  S  8.  Paragraph  (a)  of subdivision 1 of section 460.10 of the penal
law, as amended by section 30 of part AAA of chapter 56 of the  laws  of
2009, is amended to read as follows:
  (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 125.10 to 125.27  relat-
ing  to  homicide;  sections 130.25, 130.30 and 130.35 relating to rape;
sections 135.20 and 135.25 relating to kidnapping; section 135.35 relat-
ing to labor trafficking; section 135.65 relating to coercion;  sections
140.20,  140.25 and 140.30 relating to burglary; sections 145.05, 145.10

A. 8878                             7

and 145.12 relating to criminal  mischief;  article  one  hundred  fifty
relating  to  arson; sections 155.30, 155.35, 155.40 and 155.42 relating
to grand larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to
health  care  fraud;  article  one  hundred  sixty  relating to robbery;
sections  165.45,  165.50,  165.52  and  165.54  relating  to   criminal
possession  of  stolen  property; sections 165.72 and 165.73 relating to
trademark  counterfeiting;  sections  170.10,  170.15,  170.25,  170.30,
170.40,  170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
176.20, 176.25 and 176.30 relating to insurance fraud;  sections  178.20
and  178.25  relating  to criminal diversion of prescription medications
and prescriptions; sections  180.03,  180.08,  180.15,  180.25,  180.40,
180.45,  200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery;  sections
187.10,  187.15,  187.20  and  187.25  relating  to residential mortgage
fraud, sections 190.40 and 190.42 relating to  criminal  usury;  section
190.65 relating to schemes to defraud; sections 205.60 and 205.65 relat-
ing to hindering prosecution; sections 210.10, 210.15, and 215.51 relat-
ing  to  perjury and contempt; section 215.40 relating to tampering with
physical evidence; sections  220.06,  220.09,  220.16,  220.18,  220.21,
220.31,  220.34,  220.39,  220.41,  220.43,  220.46,  220.55, 220.60 and
220.77 relating to controlled substances;  sections  225.10  and  225.20
relating  to  gambling;  sections 230.25, 230.30, and 230.32 relating to
promoting prostitution; section  230.34  relating  to  sex  trafficking;
sections  235.06,  235.07,  235.21  and  235.22  relating  to obscenity;
sections 263.10 and 263.15 relating to promoting a sexual performance by
a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
provisions of section 265.10  which  constitute  a  felony  relating  to
firearms  and  other  dangerous  weapons; and sections 265.14 and 265.16
relating to criminal sale of a firearm; [and]  section  275.10,  275.20,
275.30,  or  275.40  relating to unauthorized recordings; [and] sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; SECTIONS
470.21, 470.22, 470.23  AND  470.24  RELATING  TO  MONEY  LAUNDERING  IN
SUPPORT  OF  TERRORISM; SECTIONS 470.30 AND 470.35 RELATING TO STRUCTUR-
ING; AND ARTICLE FOUR HUNDRED NINETY RELATING TO TERRORISM; or
  S 9. Subdivision 1 of section 470.25 of the penal law, as  amended  by
chapter 489 of the laws of 2000, is amended to read as follows:
  1.  Any  person  convicted  of  a violation of section 470.05, 470.10,
470.15, [or] 470.20, 470.21, 470.22, 470.23 OR 470.24  of  this  article
may  be  sentenced to pay a fine not in excess of two times the value of
the monetary instruments which are the proceeds  of  specified  criminal
activity. When a fine is imposed pursuant to this subdivision, the court
shall  make  a  finding  as  to the value of such monetary instrument or
instruments. If the record  does  not  contain  sufficient  evidence  to
support  such  a finding the court may conduct a hearing upon the issue.
In imposing a fine, the court shall  consider  the  seriousness  of  the
conduct,  whether  the  amount  of  the  fine is disproportionate to the
conduct in which he engaged, its impact  on  victims,  as  well  as  the
economic  circumstances of the convicted person, including the effect of
the imposition of such a fine upon his immediate family.
  S 10. Section 470.00 of the penal law  is  amended  by  adding  a  new
subdivision 11 to read as follows:
  11. "STRUCTURING" MEANS, FOR PURPOSES OF SECTIONS 470.30 AND 470.35 OF
THIS  ARTICLE,  A PERSON STRUCTURES A TRANSACTION IF THAT PERSON, ACTING
ALONE, OR IN CONJUNCTION WITH, OR ON BEHALF OF, OTHER PERSONS,  CONDUCTS
OR  ATTEMPTS  TO  CONDUCT  ONE  OR MORE TRANSACTIONS IN CURRENCY, IN ANY

A. 8878                             8

AMOUNT, WITH ONE OR MORE FINANCIAL INSTITUTIONS, OR  WITH  ONE  OR  MORE
TRADES  OR BUSINESSES, ON ONE OR MORE DAYS, IN ANY MANNER, IN SUCH A WAY
AS TO EVADE THE REPORTING REQUIREMENTS UNDER  TITLE  31  OF  THE  UNITED
STATES CODE. "IN ANY MANNER" INCLUDES, BUT IS NOT LIMITED TO, THE BREAK-
ING DOWN OF A SINGLE SUM OF CURRENCY EXCEEDING TEN THOUSAND DOLLARS INTO
SMALLER  SUMS,  INCLUDING  SUMS AT OR BELOW TEN THOUSAND DOLLARS, OR THE
CONDUCT OF A TRANSACTION, OR SERIES OF CURRENCY TRANSACTIONS,  INCLUDING
TRANSACTIONS AT OR BELOW TEN THOUSAND DOLLARS.  THE TRANSACTION OR TRAN-
SACTIONS  NEED NOT EXCEED THE TEN THOUSAND DOLLAR REPORTING THRESHOLD AT
ANY SINGLE FINANCIAL INSTITUTION OR AT ANY SINGLE TRADE OR BUSINESS,  ON
ANY  SINGLE DAY IN ORDER TO CONSTITUTE STRUCTURING WITHIN THE MEANING OF
THIS DEFINITION.
  S 11. The penal law is amended by adding two new sections  470.30  and
470.35 to read as follows:
S 470.30 STRUCTURING IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF STRUCTURING IN THE SECOND DEGREE WHEN HE OR SHE:
  1.  CAUSES  OR ATTEMPTS TO CAUSE A FINANCIAL INSTITUTION NOT TO FILE A
WRITTEN REPORT PURSUANT TO SUBCHAPTER II  OF  TITLE  31  OF  THE  UNITED
STATES CODE OR ANY REGULATION PRESCRIBED THEREUNDER; OR
  2. CAUSES OR ATTEMPTS TO CAUSE A FINANCIAL INSTITUTION TO FILE A WRIT-
TEN  REPORT  REQUIRED  BY SUBCHAPTER II OF TITLE 31 OF THE UNITED STATES
CODE OR ANY REGULATION PRESCRIBED THEREUNDER THAT  CONTAINS  A  MATERIAL
OMISSION OR MISSTATEMENT OF FACT; OR
  3.  STRUCTURES  OR ASSISTS IN STRUCTURING, OR ATTEMPTS TO STRUCTURE OR
ASSIST IN STRUCTURING, ANY TRANSACTION FOR  THE  PURPOSE  OF  EVADING  A
REPORTING  REQUIREMENT OF SUBCHAPTER II OF TITLE 31 OF THE UNITED STATES
CODE OR ANY REGULATION PRESCRIBED THEREUNDER.
  STRUCTURING IN THE SECOND DEGREE IS A CLASS E FELONY.
S 470.35 STRUCTURING IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF STRUCTURING IN THE FIRST DEGREE WHEN HE  OR  SHE
COMMITS THE CRIME OF STRUCTURING IN THE SECOND DEGREE:
  1. WITH INTENT TO PROMOTE THE CARRYING ON OF CRIMINAL CONDUCT; OR
  2.  AS  PART  OF A PATTERN OF ANY ILLEGAL ACTIVITY INVOLVING MORE THAN
ONE HUNDRED THOUSAND DOLLARS IN ANY TWELVE MONTH PERIOD.
  STRUCTURING IN THE FIRST DEGREE IS A CLASS D FELONY.
  S 12. The first undesignated paragraph of section 490.10 of the  penal
law,  as added by chapter 300 of the laws of 2001, is amended to read as
follows:
  A person commits soliciting or providing support for an act of terror-
ism in the second 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 (A) raises, solicits, collects or
provides material support or resources, OR (B) CONCEALS OR DISGUISES THE
NATURE OR OWNERSHIP OF  MATERIAL SUPPORT OR RESOURCES.
  S 13. The penal law is amended by adding two new sections  490.60  and
490.65 to read as follows:
S 490.60 CRIMINAL FACILITATION OF TERRORISM.
  1.  A  PERSON  IS  GUILTY  OF CRIMINAL FACILITATION OF TERRORISM WHEN,
BELIEVING IT PROBABLE THAT HE OR SHE IS RENDERING AID TO  A  PERSON  WHO
INTENDS  TO COMMIT AN OFFENSE DEFINED IN THIS ARTICLE, HE OR SHE ENGAGES
IN CONDUCT WHICH PROVIDES SUCH PERSON WITH MEANS OR OPPORTUNITY FOR  THE
COMMISSION  THEREOF  AND  WHICH  IN FACT AIDS SUCH PERSON TO COMMIT SUCH
OFFENSE.
  2. (A) WHEN A PERSON IS CONVICTED OF CRIMINAL FACILITATION OF  TERROR-
ISM PURSUANT TO THIS SECTION, AND THE OFFENSE HE OR SHE FACILITATED IS A

A. 8878                             9

VIOLENT  FELONY OFFENSE, THE CRIME OF CRIMINAL FACILITATION OF TERRORISM
SHALL BE DEEMED A VIOLENT FELONY OFFENSE.
  (B)  WHEN  A PERSON IS CONVICTED OF CRIMINAL FACILITATION OF TERRORISM
PURSUANT TO THIS SECTION, AND THE OFFENSE HE OR SHE  FACILITATED  IS  AN
OFFENSE  DEFINED  IN  THIS ARTICLE OR AN ATTEMPT OR CONSPIRACY TO COMMIT
SUCH OFFENSE, OTHER THAN THE CRIME OF TERRORISM AS  DEFINED  IN  SECTION
490.25  OF THIS ARTICLE, THE CRIME OF CRIMINAL FACILITATION OF TERRORISM
SHALL BE DEEMED TO BE ONE CATEGORY LOWER THAN THE OFFENSE THE  DEFENDANT
FACILITATED; PROVIDED, FURTHER, THAT WHEN A PERSON IS CONVICTED OF CRIM-
INAL FACILITATION OF TERRORISM PURSUANT TO THIS SECTION, AND THE OFFENSE
HE OR SHE FACILITATED IS A CLASS A-I FELONY OFFENSE, THE CRIME OF CRIMI-
NAL  FACILITATION  OF  TERRORISM  SHALL BE PUNISHED AS A CLASS B VIOLENT
FELONY OFFENSE.
  (C) WHEN A PERSON IS CONVICTED OF CRIMINAL FACILITATION  OF  TERRORISM
PURSUANT  TO  THIS SECTION, AND THE OFFENSE HE OR SHE FACILITATED IS THE
CRIME OF TERRORISM AS DEFINED IN SECTION 490.25  OF  THIS  ARTICLE,  THE
CRIME  OF  CRIMINAL  FACILITATION OF TERRORISM SHALL BE DEEMED TO BE THE
SAME CATEGORY AS THE OFFENSE LEVEL APPLICABLE TO THE  SPECIFIED  OFFENSE
UNDERLYING  THE  CRIME OF TERRORISM AS DEFINED IN SECTION 490.25 OF THIS
ARTICLE.
  (D) WHEN A PERSON IS CONVICTED OF CRIMINAL FACILITATION  OF  TERRORISM
PURSUANT  TO  THIS  SECTION, AND THE OFFENSE HE OR SHE FACILITATED IS AN
ATTEMPT OR CONSPIRACY TO COMMIT THE CRIME OF  TERRORISM  AS  DEFINED  IN
SECTION  490.25  OF  THIS ARTICLE, THE CRIME OF CRIMINAL FACILITATION OF
TERRORISM SHALL BE DEEMED TO BE ONE CATEGORY LOWER THAN THE OFFENSE  THE
DEFENDANT FACILITATED.
S 490.65 CONSPIRACY TO COMMIT TERRORISM.
  1.  A  PERSON  IS  GUILTY OF CONSPIRACY TO COMMIT TERRORISM WHEN, WITH
INTENT THAT CONDUCT BE PERFORMED CONSTITUTING A FELONY  OFFENSE  DEFINED
IN  THIS ARTICLE, HE OR SHE AGREES WITH ONE OR MORE PERSONS TO ENGAGE IN
OR CAUSE THE PERFORMANCE OF SUCH CONDUCT.
  2. (A) WHEN A PERSON IS CONVICTED OF THE CRIME OF CONSPIRACY TO COMMIT
TERRORISM PURSUANT TO THIS SECTION, AND THE OFFENSE HE OR SHE  CONSPIRED
TO COMMIT IS A VIOLENT FELONY OFFENSE, THE CRIME OF CONSPIRACY TO COMMIT
TERRORISM SHALL BE DEEMED A VIOLENT FELONY OFFENSE.
  (B)  WHEN  A  PERSON IS CONVICTED OF THE CRIME OF CONSPIRACY TO COMMIT
TERRORISM PURSUANT TO THIS SECTION, OTHER THAN THE CRIME OF TERRORISM AS
DEFINED IN SECTION 490.25 OF THIS ARTICLE, THE CRIME  OF  CONSPIRACY  TO
COMMIT  TERRORISM SHALL BE DEEMED TO BE THE SAME CATEGORY AS THE OFFENSE
LEVEL APPLICABLE TO THE UNDERLYING ARTICLE FOUR HUNDRED NINETY OFFENSE.
  (C) WHEN A PERSON IS CONVICTED OF THE CRIME OF  CONSPIRACY  TO  COMMIT
TERRORISM PURSUANT TO THIS SECTION FOR THE CRIME OF TERRORISM AS DEFINED
IN  SECTION  490.25  OF  THIS ARTICLE, THE CRIME OF CONSPIRACY TO COMMIT
TERRORISM SHALL BE DEEMED TO BE THE SAME CATEGORY AS THE  OFFENSE  LEVEL
APPLICABLE  TO  A  CONVICTION  FOR  THE CRIME OF TERRORISM AS DEFINED IN
SECTION 490.25 OF THIS ARTICLE THAT THE DEFENDANT CONSPIRED TO COMMIT.
  S 14. Section 490.70 of the penal law is amended  by  adding  two  new
subdivisions 3 and 4 to read as follows:
  3.  WITH  RESPECT TO SECTION 490.60 OF THIS ARTICLE, THE PROVISIONS OF
SECTION 115.10 OF THIS CHAPTER SHALL APPLY.
  4. WITH RESPECT TO SECTION 490.65 OF THIS ARTICLE, THE  PROVISIONS  OF
SECTIONS 105.20, 105.25 AND 105.30 OF THIS CHAPTER SHALL APPLY.
  S  15.  Paragraph  (b) of subdivision 2 of section 490.25 of the penal
law, as added by chapter 300 of the laws of 2001, is amended to read  as
follows:

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  (b)  When  a  person  is convicted of a crime of terrorism pursuant to
this section, and the specified offense is a class  C,  D  or  E  felony
offense, the crime of terrorism shall be deemed to be one category high-
er  than  the specified offense the defendant committed, or one category
higher  than  the offense level applicable to the defendant's conviction
for an attempt [or conspiracy]  to  commit  the  offense,  whichever  is
applicable.
  S  16.  Paragraph  (a) of subdivision 3 of section 490.05 of the penal
law, as amended by section 7 of part A of chapter 1 of the laws of 2004,
is amended to read as follows:
  (a) "Specified offense" for purposes of this article means a  class  A
felony  offense  other than an offense as defined in article two hundred
twenty,  a  violent  felony  offense  as  defined  in   section   70.02,
manslaughter in the second degree as defined in section 125.15, criminal
tampering  in  the  first  degree as defined in section 145.20, identity
theft in the second degree as defined in section 190.79, identity  theft
in the first degree as defined in section 190.80, unlawful possession of
personal  identification  information in the second degree as defined in
section 190.82, unlawful possession of personal identification  informa-
tion  in  the  first  degree  as defined in section 190.83, AGRICULTURAL
ADULTERATION IN THE SECOND DEGREE AS DEFINED IN SECTION 280.05, AGRICUL-
TURAL ADULTERATION IN THE FIRST DEGREE AS  DEFINED  IN  SECTION  280.10,
money laundering in support of terrorism in the fourth degree as defined
in section 470.21, money laundering in support of terrorism in the third
degree  as  defined  in  section  470.22, money laundering in support of
terrorism in the second degree as defined in section 470.23, money laun-
dering in support of terrorism in the first degree as defined in section
470.24 of this chapter, and  includes  an  attempt  [or  conspiracy]  to
commit any such offense.
  S 17. Section 20.20 of the criminal procedure law is amended by adding
a new subdivision 4 to read as follows:
  4.  THE OFFENSE WAS COMMITTED WITHIN THE SPECIAL AIRCRAFT JURISDICTION
OF THE STATE PURSUANT TO SECTION 20.25.
  S 18. The criminal procedure law is amended by adding  a  new  section
20.25 to read as follows:
S 20.25 GEOGRAPHICAL  JURISDICTION  OF OFFENSES; SPECIAL AIRCRAFT JURIS-
           DICTION OF THE STATE.
  1. AS USED IN THIS SECTION:
  (A) "AIRCRAFT" MEANS AN AIRCRAFT OPERATING AS A COMMON CARRIER.
  (B) "IN FLIGHT" MEANS  FROM  THE  MOMENT  ALL  EXTERNAL  DOORS  OF  AN
AIRCRAFT ARE CLOSED FOLLOWING BOARDING,
  (I)  THROUGH  THE  MOMENT  WHEN  ONE  EXTERNAL DOOR IS OPENED TO ALLOW
PASSENGERS TO LEAVE THE AIRCRAFT, OR
  (II) UNTIL, IF A  FORCED  LANDING,  COMPETENT  AUTHORITIES  TAKE  OVER
RESPONSIBILITY  FOR THE AIRCRAFT AND ANY INDIVIDUALS AND PROPERTY ON THE
AIRCRAFT.
  2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF SECTION 20.30,
A PERSON MAY BE CONVICTED IN THE CRIMINAL COURTS OF  THIS  STATE  OF  AN
OFFENSE COMMITTED EITHER BY HIS OWN CONDUCT, OR BY THE CONDUCT OF ANOTH-
ER  FOR WHICH HE IS LEGALLY ACCOUNTABLE PURSUANT TO SECTION 20.00 OF THE
PENAL LAW, WHEN:
  (A) THE OFFENSE IS COMMITTED ON BOARD  AN  AIRCRAFT  WHILE  IN  FLIGHT
OUTSIDE THIS STATE; AND
  (B)  THE AIRCRAFT HAS ITS NEXT SCHEDULED DESTINATION WITHIN THIS STATE
AND IN FACT NEXT LANDS IN THIS STATE; AND

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  (C) THE PERSON WHO  COMMITTED  THE  OFFENSE  IS  STILL  ON  BOARD  THE
AIRCRAFT WHEN IT LANDS IN THIS STATE.
  3.  EXCEPT  AS LIMITED BY SUBDIVISION TWO OF THIS SECTION, THE SPECIAL
AIRCRAFT JURISDICTION OF THIS STATE SHALL EXTEND TO AIRCRAFT  IN  FLIGHT
TO THE SAME EXTENT SUCH JURISDICTION MAY BE CLAIMED BY THE UNITED STATES
OF  AMERICA,  OR  TO WHATEVER EXTENT MAY BE RECOGNIZED BY THE USAGES AND
CUSTOMS OF INTERNATIONAL LAW  OR  BY  ANY  AGREEMENT,  INTERNATIONAL  OR
OTHERWISE,  TO  WHICH  THE UNITED STATES OF AMERICA OR THIS STATE MAY BE
PARTY.
  4. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR RESTRICT IN
ANY WAY (A) THE JURISDICTION OF THIS  STATE  OVER  ANY  PERSON  OR  WITH
RESPECT TO ANY SUBJECT WITHIN OR WITHOUT THE STATE WHICH JURISDICTION IS
EXERCISABLE  BY REASON OF CITIZENSHIP, RESIDENCE OR FOR ANY OTHER REASON
RECOGNIZED BY LAW; (B) JURISDICTION OR OWNERSHIP OF OR OVER THE AIRSPACE
OR LANDS THEREUNDER, WITHIN OR FORMING A PART OF THE BOUNDARIES OF  THIS
STATE; OR (C) THE CONCURRENT JURISDICTION OF THE UNITED STATES OF AMERI-
CA  OVER  ANY OFFENSE COMMITTED WITHIN THE SPECIAL AIRCRAFT JURISDICTION
OF THE UNITES STATES AS DEFINED IN TITLE 49 OF THE UNITED STATES CODE.
  S 19. Subdivision 1 of section 60.22 of the criminal procedure law  is
amended to read as follows:
  1.  A  defendant  may  not  be convicted of any offense, OTHER THAN AN
OFFENSE DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL  LAW  EXCEPT
WHEN  PROSECUTED  PURSUANT  TO  SUBPARAGRAPH  (XIII) OF PARAGRAPH (A) OF
SUBDIVISION ONE OF SECTION 125.27 OF THE PENAL LAW, upon  the  testimony
of  an  accomplice  unsupported  by  corroborative  evidence  tending to
connect the defendant with the commission of such offense.
  S 20. Section 690.05 of the criminal procedure law, subdivision  2  as
amended  by chapter 504 of the laws of 1991 and the opening paragraph of
subdivision 2 as amended by chapter 424 of the laws of 1998, is  amended
to read as follows:
S 690.05 Search warrants; in general; definition.
  1.  Under  circumstances  prescribed in this article, a local criminal
court may, upon application of a police officer, a district attorney  or
other  public servant acting in the course of his official duties, issue
a search warrant.
  2. [A] EXCEPT AS SPECIFIED IN SUBDIVISION THREE  OF  THIS  SECTION,  A
search  warrant  is a court order and process directing a police officer
to conduct:
  (a) a search of designated premises, or of a designated vehicle, or of
a designated person, for the purpose of seizing designated  property  or
kinds  of property, and to deliver any property so obtained to the court
which issued the warrant; or
  (b) a search of a designated premises for the purpose of searching for
and arresting a person who is the subject of: (i) a  warrant  of  arrest
issued  pursuant  to  this  chapter,  a superior court warrant of arrest
issued pursuant to this chapter, or a bench warrant for a felony  issued
pursuant  to this chapter, where the designated premises is the dwelling
of a third party who is not the subject of the arrest warrant; or
  (ii) a warrant of arrest issued by any other state  or  federal  court
for  an  offense  which would constitute a felony under the laws of this
state, where the designated premises is the dwelling of  a  third  party
who is not the subject of the arrest warrant.
  3.  WHERE  A  SEARCH IS TO BE CONDUCTED OF AN ELECTRONIC COMMUNICATION
SERVICE OR REMOTE COMPUTING SERVICE, A SEARCH WARRANT IS A  COURT  ORDER
DIRECTING  AN EMPLOYEE OF THE ELECTRONIC COMMUNICATION SERVICE OR REMOTE
COMPUTING SERVICE TO SEARCH THEIR RECORDS FOR THE DESIGNATED PROPERTY. A

A. 8878                            12

SEARCH WARRANT IS PROPERLY SERVED ON AN ELECTRONIC COMMUNICATION SERVICE
OR REMOTE COMPUTING SERVICE WHEN IT HAS BEEN DELIVERED BY HAND, OR IN  A
MANNER  REASONABLY ALLOWING FOR PROOF OF DELIVERY IF DELIVERED BY UNITED
STATES  MAIL, OVERNIGHT DELIVERY SERVICE, OR FACSIMILE TO THE ELECTRONIC
COMMUNICATION SERVICE OR REMOTE COMPUTING SERVICE THAT IS THE SUBJECT OF
THE WARRANT.
  4. "ELECTRONIC COMMUNICATION SERVICE", "REMOTE COMPUTING SERVICE"  AND
"ELECTRONIC STORAGE" SHALL BE CONSTRUED IN ACCORDANCE WITH SECTIONS 2510
AND  2701  TO  2711  OF  TITLE  18 OF THE UNITED STATES CODE, AS AMENDED
THROUGH MARCH 1, 2001. THIS SECTION DOES NOT APPLY TO BUSINESSES THAT DO
NOT PROVIDE THOSE SERVICES TO THE GENERAL PUBLIC.
  S 21. The criminal procedure law is amended by adding  a  new  section
690.16 to read as follows:
S 690.16 SEARCH WARRANT OF A FOREIGN ELECTRONIC COMMUNICATION SERVICE OR
           A FOREIGN REMOTE COMPUTING SERVICE.
  UPON  A  SHOWING  OF  REASONABLE  CAUSE,  A COURT SHALL ISSUE A SEARCH
WARRANT  DIRECTING  THAT  A  FOREIGN  ELECTRONIC  COMMUNICATION  SERVICE
PROVIDING  SERVICES  TO  THE  GENERAL PUBLIC OR REMOTE COMPUTING SERVICE
PROVIDING SERVICES  TO  THE  GENERAL  PUBLIC  PRODUCE  CERTAIN  RECORDS,
INCLUDING THOSE THAT WOULD REVEAL THE RECIPIENT OR DESTINATION OF COMMU-
NICATIONS SENT TO OR FROM CUSTOMERS OF THOSE SERVICES AND THE CONTENT OF
THOSE COMMUNICATIONS HELD IN ELECTRONIC STORAGE SO LONG AS;
  1.  THE  RECORDS  CONSTITUTE  EVIDENCE  OR TEND TO DEMONSTRATE THAT AN
OFFENSE WAS COMMITTED AGAINST THE LAWS OF THE STATE; AND
  2. THE LAWS OF THE  FOREIGN  STATE  RECOGNIZE  THE  ISSUANCE  OF  SUCH
WARRANT  AND  AUTHORIZE  THE FOREIGN ELECTRONIC COMMUNICATION SERVICE OR
FOREIGN REMOTE COMPUTING SERVICE TO COMPLY WITH IT.
  S 22. The criminal procedure law is amended by adding  a  new  section
690.17 to read as follows:
S 690.17 WARRANT OF ANOTHER STATE.
  A NEW YORK BUSINESS THAT PROVIDES ELECTRONIC COMMUNICATION SERVICES OR
REMOTE  COMPUTING  SERVICES  TO  THE  GENERAL PUBLIC, WHEN SERVED WITH A
WARRANT ISSUED BY ANOTHER STATE TO PRODUCE RECORDS THAT WOULD REVEAL THE
IDENTITY OF THE CUSTOMERS USING THOSE SERVICES; DATA STORED  BY,  OR  ON
BEHALF  OF,  THE  CUSTOMER;  THE CUSTOMER'S USAGE OF THOSE SERVICES; THE
RECIPIENT OR DESTINATION OF COMMUNICATIONS SENT TO OR FROM THOSE CUSTOM-
ERS; OR THE CONTENT OF THOSE COMMUNICATIONS, SHALL PRODUCE THOSE RECORDS
AS IF THAT WARRANT HAD BEEN ISSUED BY A NEW YORK COURT.
  S 23. The criminal procedure law is amended by adding  a  new  section
690.18 to read as follows:
S 690.18 LIABILITY OF PROVIDERS.
  NO CAUSE OF ACTION SHALL LIE AGAINST ANY FOREIGN OR NEW YORK ELECTRON-
IC  COMMUNICATION  SERVICE  OR  REMOTE COMPUTING SERVICE SUBJECT TO THIS
SECTION, ITS OFFICERS, EMPLOYEES, AGENTS, OR OTHER SPECIFIED PERSONS FOR
PROVIDING RECORDS, INFORMATION, FACILITIES OR ASSISTANCE  IN  ACCORDANCE
WITH THE TERMS OF A WARRANT ISSUED PURSUANT TO THIS CHAPTER.
  S  24.  Subdivision 4 of section 700.05 of the criminal procedure law,
as amended by chapter 744 of the laws of 1988, is  amended  to  read  as
follows:
  4.  "Justice,"  except as otherwise provided herein, means any justice
of an appellate division of the judicial department in which the  eaves-
dropping  warrant is to be executed, or any justice of the supreme court
of the judicial district in which the eavesdropping  warrant  is  to  be
executed,  or  any  county court judge of the county in which the eaves-
dropping warrant is to be executed. When the eavesdropping warrant is to
authorize the interception of oral communications occurring in a vehicle

A. 8878                            13

or wire communications occurring over a WIRELESS telephone [located in a
vehicle], "justice" means any justice of the supreme court of the  judi-
cial  department  or  any  county court judge of the county in which the
eavesdropping  device is to be installed or connected or of any judicial
department or county in which communications are expected to  be  inter-
cepted.  When  such a justice issues such an eavesdropping warrant, such
warrant may be executed and such oral  or  wire  communications  may  be
intercepted anywhere in the state.
  S 25. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 472 of the laws of 2008, is amended
to read as follows:
  (b)  Any  of  the  following felonies: assault in the second degree as
defined in section 120.05 of the penal law, assault in the first  degree
as  defined in section 120.10 of the penal law, reckless endangerment in
the first degree as defined in section 120.25 of the penal law,  promot-
ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
criminally negligent homicide as defined in section 125.10 of the  penal
law,  manslaughter  in the second degree as defined in section 125.15 of
the penal law, manslaughter in the first degree as  defined  in  section
125.20  of  the  penal  law,  murder  in the second degree as defined in
section 125.25 of the penal law, murder in the first degree  as  defined
in  section  125.27  of  the penal law, abortion in the second degree as
defined in section 125.40 of the penal law, abortion in the first degree
as defined in section 125.45 of the penal law, rape in the third  degree
as defined in section 130.25 of the penal law, rape in the second degree
as  defined in section 130.30 of the penal law, rape in the first degree
as defined in section 130.35 of the penal law, criminal  sexual  act  in
the third degree as defined in section 130.40 of the penal law, criminal
sexual  act  in  the  second  degree as defined in section 130.45 of the
penal law, criminal sexual act in the first degree as defined in section
130.50 of the penal law, sexual abuse in the first degree as defined  in
section  130.65  of  the  penal  law, unlawful imprisonment in the first
degree as defined in section 135.10 of the penal law, kidnapping in  the
second  degree as defined in section 135.20 of the penal law, kidnapping
in the first degree as defined in section 135.25 of the penal law, labor
trafficking as defined in section 135.35 of  the  penal  law,  custodial
interference  in  the  first  degree as defined in section 135.50 of the
penal law, coercion in the first degree as defined in section 135.65  of
the  penal  law,  criminal  trespass  in  the first degree as defined in
section 140.17 of the penal law, burglary in the third degree as defined
in section 140.20 of the penal law, burglary in  the  second  degree  as
defined in section 140.25 of the penal law, burglary in the first degree
as  defined in section 140.30 of the penal law, criminal mischief in the
third degree as defined in section 145.05 of  the  penal  law,  criminal
mischief  in the second degree as defined in section 145.10 of the penal
law, criminal mischief in the first degree as defined in section  145.12
of  the  penal law, criminal tampering in the first degree as defined in
section 145.20 of the penal law, arson in the fourth degree  as  defined
in section 150.05 of the penal law, arson in the third degree as defined
in  section  150.10  of  the  penal  law,  arson in the second degree as
defined in section 150.15 of the penal law, arson in the first degree as
defined in section 150.20 of the penal law, grand larceny in the  fourth
degree  as  defined in section 155.30 of the penal law, grand larceny in
the third degree as defined in section 155.35 of the  penal  law,  grand
larceny  in  the second degree as defined in section 155.40 of the penal
law, grand larceny in the first degree as defined in section  155.42  of

A. 8878                            14

the  penal  law,  AGGRAVATED  COMPUTER  INTRUSION  AS DEFINED IN SECTION
156.25 OF THE PENAL LAW, health care  fraud  in  the  fourth  degree  as
defined  in  section  177.10  of the penal law, health care fraud in the
third  degree as defined in section 177.15 of the penal law, health care
fraud in the second degree as defined in section  177.20  of  the  penal
law,  health care fraud in the first degree as defined in section 177.25
of the penal law, robbery in the third  degree  as  defined  in  section
160.05  of  the  penal  law,  robbery in the second degree as defined in
section 160.10 of the penal law, robbery in the first degree as  defined
in  section  160.15  of the penal law, unlawful use of secret scientific
material as defined  in  section  165.07  of  the  penal  law,  criminal
possession of stolen property in the fourth degree as defined in section
165.45  of  the penal law, criminal possession of stolen property in the
third degree as defined in section 165.50 of  the  penal  law,  criminal
possession of stolen property in the second degree as defined by section
165.52  of  the penal law, criminal possession of stolen property in the
first degree as defined by section 165.54 of the  penal  law,  trademark
counterfeiting  in the second degree as defined in section 165.72 of the
penal law, trademark counterfeiting in the first degree  as  defined  in
section 165.73 of the penal law, forgery in the second degree as defined
in  section  170.10  of  the  penal  law, forgery in the first degree as
defined in section 170.15 of the penal law,  criminal  possession  of  a
forged  instrument  in the second degree as defined in section 170.25 of
the penal law, criminal possession of a forged instrument in  the  first
degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
possession of forgery devices as defined in section 170.40 of the  penal
law,  falsifying  business  records  in  the  first degree as defined in
section 175.10 of the penal law, tampering with public  records  in  the
first  degree  as defined in section 175.25 of the penal law, offering a
false instrument for filing in the first degree as  defined  in  section
175.35  of  the  penal  law,  issuing  a false certificate as defined in
section 175.40 of the penal  law,  criminal  diversion  of  prescription
medications and prescriptions in the second degree as defined in section
178.20  of the penal law, criminal diversion of prescription medications
and prescriptions in the first degree as defined in  section  178.25  of
the  penal  law,  residential  mortgage  fraud  in  the fourth degree as
defined in section 187.10 of the penal law, residential  mortgage  fraud
in the third degree as defined in section 187.15 of the penal law, resi-
dential mortgage fraud in the second degree as defined in section 187.20
of  the  penal  law,  residential  mortgage fraud in the first degree as
defined in section 187.25 of the penal law, escape in the second  degree
as  defined  in  section  205.10  of  the penal law, escape in the first
degree as defined in section 205.15 of the penal  law,  absconding  from
temporary  release  in  the first degree as defined in section 205.17 of
the penal law, promoting  prison  contraband  in  the  first  degree  as
defined in section 205.25 of the penal law, hindering prosecution in the
second  degree  as defined in section 205.60 of the penal law, hindering
prosecution in the first degree as defined  in  section  205.65  of  the
penal  law,  sex  trafficking  as defined in section 230.34 of the penal
law, criminal possession of a weapon in the third degree as  defined  in
subdivisions  two,  three  and  five of section 265.02 of the penal law,
criminal possession of a weapon in  the  second  degree  as  defined  in
section  265.03 of the penal law, criminal possession of a weapon in the
first degree as defined in section 265.04 of the penal law, manufacture,
transport, disposition and defacement of weapons and  dangerous  instru-
ments  and  appliances defined as felonies in subdivisions one, two, and

A. 8878                            15

three of section 265.10 of the penal law, sections  265.11,  265.12  and
265.13  of  the  penal  law,  or prohibited use of weapons as defined in
subdivision two of section 265.35 of the penal law, relating to firearms
and  other  dangerous  weapons, [or] failure to disclose the origin of a
recording in the first degree as defined in section 275.40 of the  penal
law,  AGRICULTURAL  ADULTERATION  IN  THE  SECOND  DEGREE  AS DEFINED IN
SECTION 280.05 OF THE PENAL LAW, OR  AGRICULTURAL  ADULTERATION  IN  THE
FIRST DEGREE AS DEFINED IN SECTION 280.10 OF THE PENAL LAW;
  S 26. Paragraph (o) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 489 of the laws of 2000, is amended
to read as follows:
  (o) Money laundering in the first degree, as defined in section 470.20
of  the  penal  law, money laundering in the second degree as defined in
section 470.15 of the penal law, money laundering in the third degree as
defined in section 470.10 of such law, [and]  money  laundering  in  the
fourth degree as defined in section 470.05 of such law, MONEY LAUNDERING
IN  SUPPORT  OF  TERRORISM  IN  THE  FOURTH DEGREE AS DEFINED IN SECTION
470.21 OF SUCH LAW, MONEY LAUNDERING IN  SUPPORT  OF  TERRORISM  IN  THE
THIRD  DEGREE AS DEFINED IN SECTION 470.22 OF SUCH LAW, MONEY LAUNDERING
IN SUPPORT OF TERRORISM IN THE  SECOND  DEGREE  AS  DEFINED  IN  SECTION
470.23  OF SUCH LAW, AND MONEY LAUNDERING IN SUPPORT OF TERRORISM IN THE
FIRST DEGREE AS DEFINED IN SECTION 470.24 OF SUCH LAW, where the proper-
ty involved represents or is represented to be the proceeds of specified
criminal conduct which itself constitutes a  designated  offense  within
the  meaning of this subdivision, OR THE PROCEEDS OF AN ACT OF TERRORISM
AS DEFINED IN SUBDIVISION ONE OF SECTION 490.05 OF SUCH LAW, OR A  MONE-
TARY  INSTRUMENT  GIVEN,  RECEIVED  OR  INTENDED TO BE USED TO SUPPORT A
VIOLATION OF ARTICLE FOUR HUNDRED NINETY OF SUCH LAW.
  S 27. Paragraph (q) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by section 3 of part A of  chapter  1  of  the
laws of 2004, is amended to read as follows:
  (q)  Soliciting  or  providing  support for an act of terrorism in the
second degree as defined in section 490.10 of the penal law,  soliciting
or  providing  support  for  an  act of terrorism in the first degree as
defined in section 490.15 of the penal law, making a terroristic  threat
as  defined  in  section  490.20 of the penal law, crime of terrorism as
defined in section 490.25 of the penal law, CRIME OF CYBER-TERRORISM  AS
DEFINED  IN  SECTION  490.28  OF THE PENAL LAW, hindering prosecution of
terrorism in the second degree as defined in section 490.30 of the penal
law, hindering prosecution of terrorism in the first degree  as  defined
in  section  490.35  of the penal law, criminal possession of a chemical
weapon or biological weapon in the third degree as  defined  in  section
490.37  of  the  penal  law, criminal possession of a chemical weapon or
biological weapon in the second degree as defined in section  490.40  of
the  penal  law,  criminal possession of a chemical weapon or biological
weapon in the first degree as defined in section  490.45  of  the  penal
law, criminal use of a chemical weapon or biological weapon in the third
degree  as defined in section 490.47 of the penal law, criminal use of a
chemical weapon or biological weapon in the second degree as defined  in
section  490.50  of the penal law, and criminal use of a chemical weapon
or biological weapon in the first degree as defined in section 490.55 of
the penal law.
  S 28. Subdivision 2 of section 40.30 of the criminal procedure law  is
amended by adding a new paragraph (c) to read as follows:
  (C)  SUCH  PROSECUTION  OCCURRED IN A COURT OF ANY JURISDICTION WITHIN
THE UNITED STATES OTHER THAN A COURT OF  THIS  STATE,  AND  THE  PRESENT

A. 8878                            16

PROSECUTION  IS FOR AN OFFENSE DEFINED IN ARTICLE FOUR HUNDRED NINETY OF
THE PENAL LAW.
  S 29. Subdivision 9 of section 40.50 of the criminal procedure law, as
added by chapter 516 of the laws of 1986, is amended to read as follows:
  9. A person who has been previously prosecuted for racketeering pursu-
ant  to  federal  law,  or any comparable offense pursuant to the law of
another  state  may  not  be  subsequently  prosecuted  for   enterprise
corruption  based  upon a pattern of criminal activity that specifically
includes a criminal act that  was  also  specifically  included  in  the
pattern  of  racketeering activity upon which the prior charge of racke-
teering was based; provided, however, that this  section  shall  not  be
construed  to  prohibit  the subsequent prosecution of any other offense
specifically included in or otherwise a part of a pattern of  racketeer-
ing  activity  alleged in any such prior prosecution for racketeering or
other comparable offense, AND SHALL NOT PROHIBIT THE  SUBSEQUENT  PROSE-
CUTION  OF  ANY  OFFENSE  UNDER ARTICLE FOUR HUNDRED NINETY OF THE PENAL
LAW.
  S 30. Section 210.40 of the  criminal  procedure  law  is  amended  by
adding a new subdivision 2-a to read as follows:
  2-A.  IN  ADDITION TO THE GROUNDS SPECIFIED IN SUBDIVISION ONE OF THIS
SECTION, UPON ANY MOTION TO DISMISS AN INDICTMENT OR ANY  COUNT  THEREOF
ALLEGING  A  VIOLATION  OF ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW,
THE COURT MUST ALSO CONSIDER WHETHER THE DEFENDANT PREVIOUSLY  HAS  BEEN
PROSECUTED IN A COURT OF ANY OTHER JURISDICTION WITHIN THE UNITED STATES
BASED UPON THE SAME ACT OR CRIMINAL TRANSACTION.
  S  31.  Section  710.70  of  the  criminal procedure law is amended by
adding a new subdivision 4 to read as follows:
  4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN A CRIMINAL ACTION IN
WHICH THE DEFENDANT IS ACCUSED OF AN OFFENSE  DEFINED  IN  ARTICLE  FOUR
HUNDRED  NINETY OF THE PENAL LAW, THE COURT MAY NOT SUPPRESS EVIDENCE OR
ORDER THAT EVIDENCE BE EXCLUDED ON ACCOUNT OF A VIOLATION OF  ANY  RIGHT
ACCORDED  BY  THE  FOURTH  AMENDMENT  TO  THE CONSTITUTION OF THE UNITED
STATES OR SECTION TWELVE OF ARTICLE ONE  OF  THE  CONSTITUTION  OF  THIS
STATE, IF THE COURT FINDS AFTER A HEARING THAT THE LAW ENFORCEMENT OFFI-
CER OR OFFICERS ACTED IN GOOD FAITH.
  S  32.  The  criminal procedure law is amended by adding a new section
700.75 to read as follows:
S 700.75 ROVING INTERCEPTIONS.
  IN ANY CASE IN WHICH THE DESIGNATED OFFENSE IS  DEFINED  IN  PARAGRAPH
(Q) OF SUBDIVISION EIGHT OF SECTION 700.05 OF THIS ARTICLE, THE REQUIRE-
MENTS  OF  THIS  ARTICLE RELATING TO THE SPECIFICATION OF THE FACILITIES
FROM WHICH, OR THE PLACE WHERE, THE COMMUNICATION IS TO  BE  INTERCEPTED
DO NOT APPLY IF:
  1.  IN  THE  CASE  OF  AN  APPLICATION FOR THE INTERCEPTION OF AN ORAL
COMMUNICATION:
  (A) THE APPLICATION CONTAINS A FULL AND COMPLETE STATEMENT AS  TO  WHY
SUCH SPECIFICATION IS NOT PRACTICAL AND IDENTIFIES THE PERSON COMMITTING
THE  OFFENSE  WHOSE  COMMUNICATIONS  ARE  TO BE INTERCEPTED; AND (B) THE
COURT FINDS THAT SUCH SPECIFICATION IS NOT PRACTICAL; OR
  2. IN THE CASE OF AN APPLICATION WITH RESPECT  TO  INTERCEPTION  OF  A
WIRE OR ELECTRONIC COMMUNICATION:
  (A)  THE  APPLICATION  IDENTIFIES THE PERSON BELIEVED TO BE COMMITTING
THE OFFENSE AND WHOSE COMMUNICATIONS  ARE  TO  BE  INTERCEPTED  AND  THE
APPLICANT  MAKES  A SHOWING OF A PURPOSE, ON THE PART OF THAT PERSON, TO
THWART INTERCEPTION BY CHANGING FACILITIES; AND (B) THE COURT FINDS THAT
SUCH PURPOSE HAS BEEN ADEQUATELY SHOWN.

A. 8878                            17

  3. INTERCEPTION OF COMMUNICATIONS UNDER AN ORDER  ISSUED  PURSUANT  TO
THIS  SECTION  SHALL  NOT  BEGIN UNTIL THE FACILITIES FROM WHICH, OR THE
PLACE WHERE, THE COMMUNICATION IS TO BE INTERCEPTED  IS  ASCERTAINED  BY
THE  PERSON  IMPLEMENTING  THE INTERCEPTION ORDER. A PROVIDER OF WIRE OR
ELECTRONIC COMMUNICATIONS SERVICE THAT HAS RECEIVED AN ORDER AS PROVIDED
FOR  IN  SUBDIVISION TWO OF THIS SECTION MAY MOVE THE COURT TO MODIFY OR
QUASH THE ORDER ON THE GROUNDS THAT ITS ASSISTANCE WITH RESPECT  TO  THE
INTERCEPTION  CANNOT BE PERFORMED IN A TIMELY OR REASONABLE FASHION. THE
COURT, UPON NOTICE TO THE APPLICANT,  SHALL  DECIDE  SUCH  MOTION  EXPE-
DITIOUSLY.
  S  33.  Subdivision  6  of  section 1310 of the civil practice law and
rules, as added by chapter 669 of the laws of 1984, is amended  to  read
as follows:
  6.  "Pre-conviction  forfeiture  crime" means only a felony defined in
article two hundred twenty  or  section  221.30  [or],  221.55,  470.21,
470.22, 470.23, OR 470.24 of the penal law.
  S 34. Section 1311-a of the civil practice law and rules is amended by
adding a new subdivision 7 to read as follows:
  7.  A  SUBPOENA  DUCES  TECUM  ISSUED  UNDER THIS SECTION OR ANY OTHER
PROVISION OF LAW IN AID OF A CIVIL FORFEITURE  ACTION  MAY  REQUIRE  THE
PRODUCTION  OF  RECORDS  BY ANY PERSON OR ENTITY PRESENT IN THE STATE OR
DOING BUSINESS IN THE STATE PERTAINING TO  PROPERTY  LOCATED  WITHIN  OR
WITHOUT THE STATE.
  S  35. The opening paragraph of section 1313 of the civil practice law
and rules is designated subdivision 1 and a new subdivision 2  is  added
to read as follows:
  2.  ANY PERSON OR ENTITY PRESENT IN THE STATE OR DOING BUSINESS IN THE
STATE AND IN POSSESSION OR CONTROL OF PROPERTY AGAINST WHICH  A  FORFEI-
TURE  JUDGMENT  MAY BE ENFORCED MUST COMPLY WITH A TEMPORARY RESTRAINING
ORDER OR PRELIMINARY INJUNCTION ISSUED UNDER THIS ARTICLE  WITH  RESPECT
TO  PROPERTY  LOCATED  WITHIN OR WITHOUT THE STATE. A CLAIMING AUTHORITY
MAY SEEK AN ORDER DIRECTING THAT SUCH  PERSON  OR  ENTITY  TRANSFER  THE
PROPERTY  TO  THE  CLAIMING  AGENT TO BE HELD DURING THE PENDENCY OF THE
ACTION.
  S 36. The tax law is amended by adding a new section  33  to  read  as
follows:
  S  33.  DISCLOSURE OF TAX RETURNS OR REPORTS OF PARTICULARS THEREIN IN
INVESTIGATION OR PROSECUTION OF STATE  OR  FEDERAL  TERRORISM  OFFENSES;
SECRECY  REQUIREMENT  AND  PENALTY FOR VIOLATION.  (A) DISCLOSURE OF TAX
RETURNS OR REPORTS OR PARTICULARS THEREIN IN CASES  INVOLVING  STATE  OR
FEDERAL TERRORISM OFFENSES.  (1) NOTWITHSTANDING ANY PROVISION OF LAW TO
THE  CONTRARY,  THE  COMMISSIONER  MAY  DIVULGE,  MAKE KNOWN OR DISCLOSE
RETURNS OR REPORTS OR PARTICULARS SET FORTH OR DISCLOSED IN  ANY  RETURN
OR REPORT REQUIRED UNDER ANY TAX OR OTHER IMPOSITION ADMINISTERED BY THE
COMMISSIONER  UPON  THE  GRANT OF AN EX PARTE ORDER ISSUED BY A SUPERIOR
COURT UNDER PARAGRAPH TWO OF THIS SUBDIVISION, OR IN RESPONSE TO A GRAND
JURY SUBPOENA OR UPON A PARTICULARIZED WRITTEN REQUEST OF  THE  ATTORNEY
GENERAL,  A STATE DISTRICT ATTORNEY, A FEDERAL PROSECUTOR, AN INDIVIDUAL
SPECIFIED IN 26 U.S.C. 6103(I)(1)(B) OR ANY OTHER ATTORNEY  REPRESENTING
THE  STATE  OR  THE UNITED STATES, WHICH STATES THAT SUCH INFORMATION IS
SOUGHT IN CONNECTION WITH AN INVESTIGATION OR PROSECUTION OF AN  ACT  OR
ACTS IN VIOLATION OF SECTION 470.21, 470.22, 470.23 OR 470.24 OR ARTICLE
FOUR  HUNDRED NINETY OF THE PENAL LAW OR A FEDERAL TERRORISM OFFENSE AND
THE INFORMATION IS OR MAY BE RELEVANT TO THE COMMISSION OF SUCH  ACT  OR
ACTS.  ANY  SUCH  RETURN  OR REPORT OR PARTICULARS MAY BE REDISCLOSED TO

A. 8878                            18

FEDERAL, STATE OR LOCAL LAW ENFORCEMENT OFFICIALS PARTICIPATING  IN  THE
INVESTIGATION OF TERRORIST ACTS OR THREATS.
  (2)  SUCH  ATTORNEY  GENERAL,  DISTRICT  ATTORNEY, FEDERAL PROSECUTOR,
INDIVIDUAL SPECIFIED  IN  26  U.S.C.  6103(I)(1)(B)  OR  OTHER  ATTORNEY
REPRESENTING THE STATE OR THE UNITED STATES MAY MAKE AN APPLICATION TO A
SUPERIOR COURT FOR THE ORDER REFERRED TO IN PARAGRAPH ONE OF THIS SUBDI-
VISION.  UPON  SUCH  APPLICATION,  SUCH COURT MAY GRANT SUCH ORDER IF IT
DETERMINES ON THE BASIS OF THE FACTS SUBMITTED BY THE APPLICANT THAT:
  (A) THERE IS REASONABLE CAUSE TO BELIEVE THAT A CRIME IN VIOLATION  OF
SECTION  470.21, 470.22, 470.23 OR 470.24 OR ARTICLE FOUR HUNDRED NINETY
OF THE PENAL LAW OR A FEDERAL TERRORISM OFFENSE HAS BEEN COMMITTED;
  (B) THERE IS REASONABLE CAUSE TO BELIEVE THAT SUCH RETURN OR REPORT OR
PARTICULARS ARE OR MAY BE RELEVANT TO A MATTER RELATING TO  THE  COMMIS-
SION  OF  SUCH  CRIME  IN VIOLATION OF SECTION 470.21, 470.22, 470.23 OR
470.24 OR ARTICLE FOUR HUNDRED NINETY OF THE  PENAL  LAW  OR  A  FEDERAL
TERRORISM OFFENSE; AND
  (C)  SUCH  RETURN  OR REPORT OR PARTICULARS ARE SOUGHT EXCLUSIVELY FOR
USE IN THE STATE OR  A  FEDERAL  CRIMINAL  INVESTIGATION  OR  PROCEEDING
CONCERNING  SUCH CRIME IN VIOLATION OF SECTION 470.21, 470.22, 470.23 OR
470.24 OR ARTICLE FOUR HUNDRED NINETY OF THE  PENAL  LAW  OR  A  FEDERAL
TERRORISM  OFFENSE,  AND  THE  INFORMATION SOUGHT TO BE DISCLOSED CANNOT
REASONABLY BE OBTAINED, UNDER THE CIRCUMSTANCES, FROM ANOTHER SOURCE.
  (3) IF ANY PERSON SPECIFIED IN PARAGRAPH ONE OF THIS  SUBDIVISION  HAS
RECEIVED  ANY  SUCH  RETURN  OR  REPORT  OR  PARTICULARS PURSUANT TO THE
PROVISIONS OF THIS SUBDIVISION, THEN SUCH PERSON  MAY  DISCLOSE  TO  THE
COMMISSIONER  ANY INFORMATION DISCOVERED DURING THE COURSE OF ANY INVES-
TIGATION OR JUDICIAL PROCEEDING REFERRED TO IN THIS  SUBDIVISION,  WHICH
MAY  RELATE TO A VIOLATION OR VIOLATIONS OF THE PROVISIONS OF ANY TAX OR
OTHER IMPOSITION ADMINISTERED BY THE COMMISSIONER.
  (4) IF SUCH ATTORNEY GENERAL, DISTRICT ATTORNEY,  FEDERAL  PROSECUTOR,
INDIVIDUAL  SPECIFIED  IN  26  U.S.C.  6103(I)(1)(B)  OR  OTHER ATTORNEY
REPRESENTING THE STATE OR  THE  UNITED  STATES  HAS  OBTAINED  ANY  SUCH
RETURNS  OR  REPORTS  OR  PARTICULARS PURSUANT TO THE PROVISIONS OF THIS
SUBDIVISION, THEN SUCH RETURNS OR REPORTS OR PARTICULARS MAY BE ADMITTED
INTO EVIDENCE AND DISCLOSED IN ANY  JUDICIAL  PROCEEDING  PERTAINING  TO
ENFORCEMENT OF A CRIME IN VIOLATION OF SECTION 470.21, 470.22, 470.23 OR
470.24  OR  ARTICLE  FOUR  HUNDRED  NINETY OF THE PENAL LAW OR A FEDERAL
TERRORISM OFFENSE OR RELATED CIVIL FORFEITURE (NOT INVOLVING TAX  ADMIN-
ISTRATION) TO WHICH THE STATE OR THE UNITED STATES IS A PARTY.
  (B)  THIS  SECTION SHALL NOT APPLY TO ANY DISCLOSURE OF THE RETURNS OR
REPORTS OR PARTICULARS DESCRIBED IN SUBDIVISION (A) OF THIS  SECTION  TO
THE  EXTENT THAT SUCH DISCLOSURE IS PERMITTED OR AUTHORIZED BY ANY OTHER
PROVISION OF THIS CHAPTER OR ANY PROVISION OF ANY TAX OR  OTHER  IMPOSI-
TION ADMINISTERED BY THE COMMISSIONER.
  (C)  SECRECY  REQUIREMENT  AND  PENALTY  FOR  VIOLATION. (1) EXCEPT IN
ACCORDANCE WITH PROPER JUDICIAL ORDER OR AS OTHERWISE PROVIDED  BY  LAW,
IT  SHALL  BE  UNLAWFUL FOR ANY PERSON TO WHOM THE RETURNS OR REPORTS OR
PARTICULARS DESCRIBED IN SUBDIVISION (A) OF THIS SECTION  ARE  DISCLOSED
IN  ACCORDANCE  WITH THIS SECTION TO DIVULGE OR MAKE KNOWN IN ANY MANNER
SUCH INCOME OR PARTICULARS FOR USES NOT AUTHORIZED UNDER THIS SECTION.
  (2) CROSS-REFERENCE. FOR CRIMINAL PENALTIES, SEE ARTICLE  THIRTY-SEVEN
OF THIS CHAPTER.
  S  37.  Section 1825 of the tax law, as amended by section 2 of part E
of chapter 25 of the laws of 2009, is amended to read as follows:
  S 1825. Violation of secrecy provisions of the  tax  law.--Any  person
who  violates the provisions of subdivision (b) of section twenty-one AS

A. 8878                            19

ADDED BY CHAPTER 686 OF THE LAWS OF 2003, SECTION THIRTY-THREE, subdivi-
sion one of section two hundred two, subdivision eight  of  section  two
hundred  eleven,  subdivision  (a)  of  section  three hundred fourteen,
subdivision  one  or  two  of section four hundred thirty-seven, section
four hundred eighty-seven,  subdivision  one  or  two  of  section  five
hundred  fourteen,  subsection  (e) of section six hundred ninety-seven,
subsection (a) of section nine hundred ninety-four, subdivision  (a)  of
section  eleven  hundred forty-six, section twelve hundred eighty-seven,
subdivision (a) of section fourteen hundred eighteen, subsection (a)  of
section fourteen hundred sixty-seven, subdivision (a) of section fifteen
hundred  eighteen, subdivision (a) of section fifteen hundred fifty-five
of this chapter, and subdivision (e) of section 11-1797 of the  adminis-
trative code of the city of New York shall be guilty of a misdemeanor.
  S  38. Subdivision 1 of section 21 of the executive law, as amended by
chapter 346 of the laws of 2002, is amended to read as follows:
  1. There is hereby created in  the  executive  department  a  disaster
preparedness  commission  consisting of the commissioners of transporta-
tion, health, division of criminal justice services,  education,  social
services,  economic  development,  agriculture  and markets, housing and
community renewal, general services, labor, environmental  conservation,
mental  health,  the president of the New York state energy research and
development authority, the superintendents of state  police,  insurance,
banking, the secretary of state, the state fire administrator, the chair
of  the public service commission, the adjutant general, the director of
the state office for technology, the chairman of the thruway  authority,
THE  DIRECTOR OF THE OFFICE OF HOMELAND SECURITY, the chief professional
officer of the state coordinating chapter of the American Red Cross  and
three  additional  members, to be appointed by the governor, two of whom
shall be chief executives. The governor shall designate the chair of the
commission.  The members of the commission, except those  who  serve  ex
officio,  shall  be allowed their actual and necessary expenses incurred
in the performance of their duties under this article but shall  receive
no  additional compensation for services rendered pursuant to this arti-
cle.
  S 39.  If  any  item,  clause,  sentence,  subparagraph,  subdivision,
section  or  other  part  of this act, or the application thereof to any
person or circumstances shall be held to be invalid, such holding  shall
not  affect,  impair  or  invalidate  the  remainder of this act, or the
application of such section or part of a section held  invalid,  to  any
other person or circumstances, but shall be confined in its operation to
the  item, clause, sentence, subparagraph, subdivision, section or other
part of this act directly involved in such holding, or to the person and
circumstances therein involved.
  S 40. This act shall take effect immediately, provided, that:
  (a) sections one, two, three, four and five of  this  act  shall  take
effect  on  the first of November next succeeding the date on which this
act shall have become a law;
  (b) the amendments to paragraph (a) of subdivision 1 of section 460.10
of the penal law made by section eight of this act shall take effect  on
the  same date and in the same manner as section 30 of part AAA of chap-
ter 56 of the laws of 2009, takes effect;
  (c) the provisions of section 700.75 of the criminal procedure law, as
added by section thirty-two of this act, and the provisions  of  section
33  of  the  tax  law, as added by section thirty-six of this act, shall
expire and be deemed repealed two years after the effective date of this
act; and

A. 8878                            20

  (d) the amendments to section 1825 of the  tax  law  made  by  section
thirty-seven  of  this act shall take effect on the same date and in the
same manner as section 2 of part E of chapter 25 of the  laws  of  2009,
takes effect.

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Assembly Bill A8878

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Archive: Last Bill Status - In Assembly Committee

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David Townsend

Clifford Crouch

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