| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 06, 2010 |
referred to codes |
| Apr 27, 2009 |
referred to codes |
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Senate Bill S4720
2009-2010 Legislative Session
Relates to crimes of terrorism
download bill text pdfSponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
Actions
2009-S4720 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd Pen L, generally; amd CP L, generally; amd §§1310, 1311-a & 1313, CPLR; add §33, amd §1825, Tax L; amd §21, Exec L
2009-S4720 (ACTIVE) - Summary
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; search warrant of a foreign electronic communications service or a foreign remote computing service
2009-S4720 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4720
TITLE OF BILL : An act 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; and providing for the
repeal of certain provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL: : This bill would assist in the
fight against terrorism and promote public safety and strengthen
existing law by:
(1) Facilitating investigations and prosecutions of terrorism and
other crimes through numerous procedural reforms, and
(2) Enhancing the ability to identify, prepare for and respond to
terrorism by enhancing penalties and extending additional protections
to the public.
SUMMARY OF PROVISIONS: : Section 1 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 criminalize 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 Adulteration 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 2 of the bill would amend the Penal Law to create the Crime of Cyber-Terrorism, which would be punishable as a Class D felony a "denial of service attack" (i.e., overloading a computer network so as to undermine 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 6 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 7 of the bill would amend the Penal Law to include money laundering 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 8 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 9 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 E 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 11 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 12 and 13 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 14 the bill would amend the Penal Law to make conforming changes. Section 15 of the bill would amend the Penal Law to add the amended crimes of Computer Tampering and the new crimes of Agricultural Adulteration to the definition of "specified offense" for the crime of terrorism. 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 18 of the bill would amend the Criminal Procedure Law to eliminate in terrorist cases provisions of state law that require corroboration of accomplice testimony. Sections 19 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 26 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 Cyberterrorism offenses 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 prosecution 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 eliminate any restriction against the prosecution of terrorists for the crime of Enterprise Corruption when an underlying criminal act of such prosecution 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 ex parte order issued in connection with the investigation or prosecution of a crime. In addition, this section also would provide that tax information 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 28 of the Tax Law is guilty of a misdemeanor. Section 37 of the bill would add the Director of the Office of Homeland Security as an ex officio member of the Disaster Preparedness Commission. Section 38 contains a severability clause. JUSTIFICATION : The tragic events of the September 11th attack, orchestrated 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 enforcement 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 climatic 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 introduction 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 terrorists, as evidenced by the horrific events of September 11, 2001. Although the spirit of capitalism and democracy threatens the autocratic 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 appropriately 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 reliable evidence of guilt and will prevent a terrorist from getting off on a "technicality." Terrorists have benefitted from major technological advancements in cellular communications. Cellular phones, once a rarity, have become as common as home telephones. Regrettably, these phones have enabled criminals 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 "roving 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. 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 prosecution 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 majority 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 terrorists' property located outside of New York State to civil forfeiture. The images of the savage attack on the World Trade Center and the Pentagon 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 terrorists. PRIOR LEGISLATIVE HISTORY: : 2006 - S5605 Passed Senate; 2008 - S3645 - Referred to the Standing Committee on Veterans, Homeland Security and Military Affairs. FISCAL IMPLICATIONS : None Noted. EFFECTIVE DATE: : This act would take effect immediately.
2009-S4720 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4720
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
___________
Introduced by Sen. LEIBELL -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT 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; 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. 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11090-01-9
S. 4720 2
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
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 2. The penal law is amended by adding a new section 490.27 to read
as follows:
S 490.27 CRIME OF CYBER-TERRORISM.
S. 4720 3
1. A PERSON IS GUILTY OF THE CRIME OF CYBER-TERRORISM WHEN, WITH THE
INTENT TO INTIMIDATE OR COERCE A CIVILIAN POPULATION OR INFLUENCE THE
POLICY OF A UNIT OF GOVERNMENT BY INTIMIDATION OR COERCION, HE OR SHE
COMMITS A DENIAL OF SERVICE ATTACK AGAINST ANY COMPUTER NETWORK ADMINIS-
TERED OR OPERATED BY A LOCAL, STATE OR FEDERAL GOVERNMENT ENTITY, A
UTILITY, INCLUDING ELECTRICITY OR WATER, OR A FINANCIAL INSTITUTION.
2. FOR THE PURPOSE OF THIS SECTION "DENIAL OF SERVICE ATTACK" MEANS
PREVENTING AUTHORIZED ACCESS TO COMPUTER RESOURCES OR DELAYING TIME
CRITICAL COMPUTER OPERATIONS BY INUNDATING OR OTHERWISE OVERLOADING A
COMPUTER NETWORK, OR ATTEMPTING TO INUNDATE OR OTHERWISE OVERLOAD A
COMPUTER SERVICE.
CRIME OF CYBER-TERRORISM IS A CLASS D FELONY.
S 3. Subdivision 4 of section 156.25 of the penal law, as amended by
chapter 89 of the laws of 1993, is amended to read as follows:
4. he OR SHE intentionally alters in any manner or destroys computer
data or a computer program so as to cause damages, INCLUDING DAMAGE TO
ANY COMPUTER OR COMPUTERS AFFECTED BY THE ALTERATION OR DESTRUCTION, in
an aggregate amount exceeding one thousand dollars.
Computer tampering in the third degree is a class E felony.
S 4. Section 156.26 of the penal law, as amended by chapter 590 of the
laws of 2008, is amended to read as follows:
S 156.26 Computer tampering in the second degree.
A person is guilty of computer tampering in the second degree when he
or she commits the crime of computer tampering in the fourth degree and
he or she intentionally alters in any manner or destroys:
1. computer data or a computer program so as to cause damages, INCLUD-
ING DAMAGE TO ANY COMPUTER OR COMPUTERS AFFECTED BY THE ALTERATION OR
DESTRUCTION, in an aggregate amount exceeding three thousand dollars; or
2. computer material that contains records of the medical history or
medical treatment of an identified or readily identifiable individual or
individuals and as a result of such alteration or destruction, such
individual or individuals suffer serious physical injury, and he or she
is aware of and consciously disregards a substantial and unjustifiable
risk that such serious physical injury may occur.
Computer tampering in the second degree is a class D felony.
S 5. Section 156.27 of the penal law, as added by chapter 89 of the
laws of 1993, is amended to read as follows:
S 156.27 Computer tampering in the first degree.
A person is guilty of computer tampering in the first degree when he
OR SHE commits the crime of computer tampering in the fourth degree and
he OR SHE intentionally alters in any manner or destroys computer data
or a computer program so as to cause damages, INCLUDING DAMAGE TO ANY
COMPUTER OR COMPUTERS AFFECTED BY THE ALTERATION OR DESTRUCTION, in an
aggregate amount exceeding fifty thousand dollars.
Computer tampering in the first degree is a class C felony.
S 6. 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. 4720 4
S 7. 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
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 8. 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
S. 4720 5
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 9. Section 470.00 of the penal law is amended by adding a new subdi-
vision 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
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 10. 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 11. 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 12. The penal law is amended by adding two new sections 490.60 and
490.65 to read as follows:
S. 4720 6
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
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. 4720 7
S 13. 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 14. 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:
(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 15. 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, COMPUTER
TAMPERING IN THE THIRD DEGREE AS DEFINED IN SECTION 156.25, COMPUTER
TAMPERING IN THE SECOND DEGREE AS DEFINED IN SECTION 156.26, COMPUTER
TAMPERING IN THE FIRST DEGREE AS DEFINED IN SECTION 156.27, 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 16. 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 17. 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
S. 4720 8
(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
(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 18. 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 19. 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
S. 4720 9
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
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 20. 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 21. 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 22. 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
S. 4720 10
PROVIDING RECORDS, INFORMATION, FACILITIES OR ASSISTANCE IN ACCORDANCE
WITH THE TERMS OF A WARRANT ISSUED PURSUANT TO THIS CHAPTER.
S 23. 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
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 24. 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
S. 4720 11
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
the penal law, COMPUTER TAMPERING IN THE THIRD DEGREE AS DEFINED IN
SECTION 156.25 OF THE PENAL LAW, COMPUTER TAMPERING IN THE SECOND DEGREE
AS DEFINED IN SECTION 156.26 OF THE PENAL LAW, COMPUTER TAMPERING IN THE
FIRST DEGREE AS DEFINED IN SECTION 156.27 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 instru-
ment 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, residential 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
S. 4720 12
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 instruments and appliances defined as felonies in
subdivisions one, two, and 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 25. 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 26. 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 490.27 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
S. 4720 13
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 27. 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
PROSECUTION IS FOR AN OFFENSE DEFINED IN ARTICLE FOUR HUNDRED NINETY OF
THE PENAL LAW.
S 28. 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 29. 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 30. 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 31. 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
S. 4720 14
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.
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 32. 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 33. 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 34. 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 35. 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
S. 4720 15
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
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
S. 4720 16
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 37 OF THIS
CHAPTER.
S 36. Section 1825 of the tax law, as amended by section 2 of part N
of chapter 686 of the laws of 2003, 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
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, subdivision (a) of section fourteen
hundred eighteen, subsection (a) of section fourteen hundred sixty-sev-
en, 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 administrative code of the city of New
York shall be guilty of a misdemeanor.
S 37. 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 38. 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
S. 4720 17
part of this act directly involved in such holding, or to the person and
circumstances therein involved.
S 39. This act shall take effect immediately, provided, however, that
the amendments to paragraph (a) of subdivision 1 of section 460.10 of
the penal law made by section seven of this act shall take effect on the
same date and in the same manner as section 30 of part AAA of chapter 56
of the laws of 2009, takes effect, that the provisions of section 700.75
of the criminal procedure law, as added by section thirty-one of this
act, and the provisions of section 33 of the tax law, as added by
section thirty-five of this act, shall expire and be deemed repealed two
years after such date.
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