NY State Senate Bill S3404

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

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 16, 2016	referred to codes delivered to assembly passed senate
Jan 20, 2016	advanced to third reading
Jan 12, 2016	2nd report cal.
Jan 11, 2016	1st report cal.3
Jan 06, 2016	referred to veterans, homeland security and military affairs returned to senate died in assembly
Feb 25, 2015	referred to codes delivered to assembly passed senate
Feb 09, 2015	ordered to third reading cal.74
Feb 06, 2015	referred to rules

Votes

Co-Sponsors

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S3404 (ACTIVE) - Details

See Assembly Version of this Bill:: A6139
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add §§490.26 & 490.27, Pen L
Versions Introduced in 2017-2018 Legislative Session:: S953, A3311

S3404 (ACTIVE) - Summary

Relates to cyber terrorism in the first and second degree.

S3404 (ACTIVE) - Sponsor Memo

BILL NUMBER:S3404

TITLE OF BILL:  An act to amend the penal law, in relation to cyber
terrorism in the first and second degree

PURPOSE OR GENERAL IDEA OF BILL:

This bill would amend the penal law to create the new crimes of cyber
terrorism in the first and second degrees.

SUMMARY OF SPECIFIC PROVISIONS:

This bill would add a new sections 490..26 and 490.27 to the penal
law, to create the new crimes of cyber terrorism in the second degree
and cyber terrorism in the first degree, respectively.

Specifically, a person would be guilty of the new C felony crime of
cyber terrorism in the second degree when:

*with intent to cause serious, wide-spread financial harm, or commit
any larceny offense against more than ten people, a person uses a
computer, a computer program, a computer network, computer material, a
computer service, or computer data, to cause such wide-spread
financial harm or to commit any larceny offense against more than ten
people.

A person would be guilty of the new A felony crime of cyber terrorism
in the first degree when:

*with intent to intimidate or coerce a civilian population, influence
the policy of a unit of government by intimidation or coercion, affect
the conduct of a unit of government, or cause mass injury, damage,
destruction or debilitation to persons and/or property, a person uses
a computer, a computer program, a computer network, computer material,
a computer service, or computer data, to injure, damage, destroy, or
debilitate persons or property.

JUSTIFICATION:

According to the such entities as the United States Department of
Homeland Security, Interpol and the New York State White Collar Crime
Task Force, cybercrime is a pervasive and rapidly expanding threat.
New York state is particularly at risk to cybercrime due to its status
as a global hub of international business and commerce. As, seen most
recently in cases involving the retailer Target, and with SONY
pictures, cyber attacks can be economically or politically targeted to
cause massive economic and personal harm to both businesses and
individuals.

Increasing criminal penalties against those who use a computer or
device to carry out an such a cyber attack, when such an attack seeks
to cause wide spread harm or mass destruction of people or property,
merely makes sense in light of these recent events. Moreover, events
such as stuxnet, have demonstrated, that cyber attacks can launch
real, meaningful consequences in the physical world. As more and more
critical infrastructure is controlled through SCADA interfaces, the
potential of terrorism through cyber attack has grown exponentially.


Accordingly, this bill which seeks to recognize the technological
consequences of the modern world, strives to deploy our criminal laws
to deter those who might engage in such cyber terrorism attacks before
they do so, and seriously and more appropriately punish those who
might commit such an attack, if and when they do.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None noted.

EFFECTIVE DATE:

This act would take effect on the first of November next succeeding
the date on which it shall have become law.

S3404 (ACTIVE) - Bill Text download pdf

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

                                  3404

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 6, 2015
                               ___________

Introduced by Sens. CROCI, GOLDEN -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN  ACT  to  amend  the penal law, in relation to cyber terrorism in the
  first and second degree

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

  Section  1. The penal law is amended by adding two new sections 490.26
and 490.27 to read as follows:
S 490.26 CYBER TERRORISM IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF A CRIME OF CYBER TERRORISM IN THE SECOND  DEGREE
WHEN,  WITH  INTENT  TO  CAUSE  SERIOUS,  WIDE-SPREAD FINANCIAL HARM, OR
COMMIT ANY OFFENSE CONTAINED WITHIN ARTICLE ONE  HUNDRED  FIFTY-FIVE  OF
THIS  CHAPTER  AGAINST MORE THAN TEN PEOPLE, A PERSON USES A COMPUTER, A
COMPUTER PROGRAM, A COMPUTER  NETWORK,  COMPUTER  MATERIAL,  A  COMPUTER
SERVICE,  OR  COMPUTER DATA, TO CAUSE SUCH WIDE-SPREAD FINANCIAL HARM OR
TO COMMIT ANY OFFENSE CONTAINED WITHIN ARTICLE ONE HUNDRED FIFTY-FIVE OF
THIS CHAPTER AGAINST MORE THAN TEN PEOPLE.
  CYBER TERRORISM IN THE SECOND DEGREE IS A CLASS C FELONY.
S 490.27 CYBER TERRORISM IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF A CRIME OF CYBER TERRORISM IN THE  FIRST  DEGREE
WHEN,  WITH INTENT TO INTIMIDATE OR COERCE A CIVILIAN POPULATION, INFLU-
ENCE THE POLICY OF A UNIT OF GOVERNMENT  BY  INTIMIDATION  OR  COERCION,
AFFECT  THE  CONDUCT  OF  A  UNIT  OF  GOVERNMENT, OR CAUSE MASS INJURY,
DAMAGE, DESTRUCTION OR DEBILITATION TO PERSONS AND/OR PROPERTY, A PERSON
USES A COMPUTER, A COMPUTER PROGRAM, A COMPUTER NETWORK, COMPUTER  MATE-
RIAL,  A  COMPUTER  SERVICE, OR COMPUTER DATA, TO INTIMIDATE, INFLUENCE,
COERCE, AFFECT, INJURE, DAMAGE, DESTROY, OR DEBILITATE PERSONS OR  PROP-
ERTY.
  CYBER TERRORISM IN THE FIRST DEGREE IS A CLASS A FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09038-01-5

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The New York State Senate

senate Bill S3404

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 16, 2016 - floor Vote

Floor Vote: Mar 16, 2016

Jan 11, 2016 - Veterans, Homeland Security and Military Affairs committee Vote

Veterans, Homeland Security and Military Affairs Committee Vote: Jan 11, 2016

Jun 17, 2015 - floor Vote

Floor Vote: Jun 17, 2015

Feb 25, 2015 - floor Vote

Floor Vote: Feb 25, 2015

Feb 9, 2015 - Rules committee Vote

Rules Committee Vote: Feb 9, 2015

Co-Sponsors

S3404 (ACTIVE) - Details

S3404 (ACTIVE) - Summary

S3404 (ACTIVE) - Sponsor Memo

S3404 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3404

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Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 16, 2016 - floor Vote

Floor Vote: Mar 16, 2016

Jan 11, 2016 - Veterans, Homeland Security and Military Affairs committee Vote

Veterans, Homeland Security and Military Affairs Committee Vote: Jan 11, 2016

Jun 17, 2015 - floor Vote

Floor Vote: Jun 17, 2015

Feb 25, 2015 - floor Vote

Floor Vote: Feb 25, 2015

Feb 9, 2015 - Rules committee Vote

Rules Committee Vote: Feb 9, 2015

Co-Sponsors

S3404 (ACTIVE) - Details

S3404 (ACTIVE) - Summary

S3404 (ACTIVE) - Sponsor Memo

S3404 (ACTIVE) - Bill Text download pdf

Comments