senate Bill S3886

2013-2014 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 26, 2014 referred to codes
delivered to assembly
passed senate
Mar 20, 2014 advanced to third reading
Mar 19, 2014 2nd report cal.
Mar 18, 2014 1st report cal.319
Jan 08, 2014 referred to veterans, homeland security and military affairs
returned to senate
died in assembly
Jun 21, 2013 referred to codes
Jun 20, 2013 delivered to assembly
passed senate
ordered to third reading cal.1480
committee discharged and committed to rules
Feb 26, 2013 referred to veterans, homeland security and military affairs

Votes

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Mar 18, 2014 - Veterans, Homeland Security and Military Affairs committee Vote

S3886
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Veterans, Homeland Security and Military Affairs committee vote details

Veterans, Homeland Security and Military Affairs Committee Vote: Mar 18, 2014

Jun 20, 2013 - Rules committee Vote

S3886
25
0
committee
25
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S3886 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§490.10 & 490.15, add §490.12, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S5270

S3886 - Bill Texts

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

view sponsor memo
BILL NUMBER:S3886 REVISED 3/13/14

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

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

SUMMARY OF PROVISIONS:

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

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

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

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

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

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

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

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

This legislation will serve as a strong message to criminals providing
support to terrorists. By increasing the penalties for each degree of


credit card fraud, New York State will show its serious commitment to
cutting the purse of terrorists.

LEGISLATIVE HISTORY: 5/3/11- S.5270, Referred to Veterans, Homeland
Security and Military Affairs 6/1/11- S.5270, Passed Senate 2/6/12-
S.5270, Passed Senate 6/20/13- S.3886, Passed Senate

FISCAL IMPLICATIONS: None.

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

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

                                  3886

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 26, 2013
                               ___________

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

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

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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07282-01-3

S. 3886                             2

S  490.15 Soliciting or providing support for an act of terrorism in the
           first degree.
  A person commits soliciting or providing support for an act of terror-
ism  in  the first degree when he or she commits the crime of soliciting
or providing support for an act of terrorism  in  the  THIRD  OR  second
degree,  AS  DEFINED  IN  SECTIONS  490.10  AND  490.12 OF THIS ARTICLE,
RESPECTIVELY, and the total  value  of  material  support  or  resources
exceeds [one] FIVE thousand dollars.
  Soliciting  or  providing support for an act of terrorism in the first
degree is a class [C] B felony.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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