S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7813--A
 
                             I N  S E N A T E
 
                             February 27, 2018
                                ___________
 
 Introduced  by  Sens.  MURPHY,  AMEDORE,  CROCI, PHILLIPS, YOUNG -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Veterans,  Homeland  Security  and  Military Affairs --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN ACT to amend the penal law and the executive law, in relation to acts
   of terrorism and the New York state intelligence center
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 490.00 of the penal law, as added by chapter 300 of
 the laws of 2001, is amended to read as follows:
 § 490.00 Legislative findings.
   The devastating consequences of the  recent  barbaric  attack  on  the
 World  Trade  Center and the Pentagon underscore the compelling need for
 legislation that is specifically designed to combat the evils of terror-
 ism. Indeed, the bombings of American embassies in Kenya and Tanzania in
 1998, the federal building in Oklahoma  City  in  1995,  Pan  Am  Flight
 number 103 in Lockerbie in 1988, the 1997 shooting atop the Empire State
 Building,  the  1994  murder  of  Ari  Halberstam on the Brooklyn Bridge
 [and], the 1993 bombing of the World Trade Center, AND THE  MASS  SHOOT-
 INGS  IN  SAN  BERNARDINO,  CALIFORNIA AND CHARLESTON, SOUTH CAROLINA IN
 2015, THE ORLANDO NIGHTCLUB IN 2016, THE LAS VEGAS STRIP IN 2017, AND AT
 MARJORY STONEMAN DOUGLAS HIGH SCHOOL IN PARKLAND, FLORIDA IN 2018, AMONG
 OTHERS, will forever serve to remind us that terrorism is a serious  and
 deadly problem that disrupts public order and threatens individual safe-
 ty  both  at  home  and around the world. Terrorism is inconsistent with
 civilized society and cannot be tolerated.
   Although certain federal laws seek to curb the incidence of terrorism,
 there are no corresponding state laws that  facilitate  the  prosecution
 and  punishment  of  terrorists  in state courts. Inexplicably, there is
 also no criminal penalty in this state for  a  person  who  solicits  or
 raises  funds  for,  or provides other material support or resources to,
 those who commit or encourage the commission of  horrific  and  cowardly
 acts  of  terrorism.  Nor  do  our criminal laws proscribe the making of
 terrorist threats or punish with appropriate severity those  who  hinder
 the  prosecution  of terrorists. Finally, our death penalty statute must
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14922-04-8

 S. 7813--A                          2
 
 be strengthened so that the cold-blooded execution of an individual  for
 terrorist purposes is a capital offense.
   A  comprehensive  state  law  is urgently needed to complement federal
 laws in the fight against terrorism and to better protect  all  citizens
 against terrorist acts AND MASS SHOOTINGS.  Accordingly, the legislature
 finds  that  our laws must be strengthened to ensure that terrorists, as
 well as those who solicit or provide  financial  and  other  support  to
 terrorists, are prosecuted and punished in state courts with appropriate
 severity.
   §  2.  Subdivision  1  of section 490.05 of the penal law, as added by
 chapter 300 of the laws of 2001, is amended to read as follows:
   1. "Act of terrorism":
   (a) for purposes of this article means: (I) an act or acts  constitut-
 ing  a specified offense as defined in subdivision three of this section
 for which a person may be convicted in the criminal courts of this state
 pursuant to article twenty of the criminal procedure law, or an  act  or
 acts constituting an offense in any other jurisdiction within or outside
 the  territorial  boundaries  of the United States which contains all of
 the essential elements of a specified offense, that is intended to:
   [(i)] (A) intimidate or coerce a civilian population;
   [(ii)] (B) influence the policy of a  unit  of  government  by  intim-
 idation or coercion; or
   [(iii)]  (C)  affect  the  conduct  of a unit of government by murder,
 assassination or kidnapping; or
   (II) THE KNOWING, UNLAWFUL DISCHARGE OF A FIREARM WITH THE  INTENT  TO
 CAUSE  PHYSICAL HARM OR DEATH TO ANOTHER PERSON, OR DAMAGE TO PRIVATE OR
 PUBLIC PROPERTY:
   (A) WITHIN A DISTANCE OF ONE THOUSAND  FEET  FROM  THE  GROUNDS  OF  A
 PUBLIC, PAROCHIAL OR PRIVATE SCHOOL; OR
   (B) WITHIN A DISTANCE OF ONE THOUSAND FEET FROM THE GROUNDS OF A PLACE
 OF WORSHIP; OR
   (C) IN A PLACE OF BUSINESS WITH ONE OR MORE EMPLOYEES; OR
   (D)  WITHIN ONE THOUSAND FEET OF A MASS GATHERING OF MORE THAN TWENTY-
 FIVE PEOPLE.
   (b) for purposes of subparagraph (xiii) of paragraph (a)  of  subdivi-
 sion  one  of  section 125.27 of this chapter means: (I) activities that
 involve a violent act or acts  dangerous  to  human  life  that  are  in
 violation of the criminal laws of this state and are intended to:
   [(i)] (A) intimidate or coerce a civilian population;
   [(ii)]  (B)  influence  the  policy  of a unit of government by intim-
 idation or coercion; or
   [(iii)] (C) affect the conduct of a  unit  of  government  by  murder,
 assassination or kidnapping[.]; OR
   (II)  THE  KNOWING, UNLAWFUL DISCHARGE OF A FIREARM WITH THE INTENT TO
 CAUSE PHYSICAL HARM OR DEATH TO ANOTHER PERSON, OR DAMAGE TO PRIVATE  OR
 PUBLIC PROPERTY:
   (A)  WITHIN  A  DISTANCE  OF  ONE  THOUSAND FEET FROM THE GROUNDS OF A
 PUBLIC, PAROCHIAL OR PRIVATE SCHOOL; OR
   (B) WITHIN A DISTANCE OF ONE THOUSAND FEET FROM THE GROUNDS OF A PLACE
 OF WORSHIP; OR
   (C) IN A PLACE OF BUSINESS WITH ONE OR MORE EMPLOYEES; OR
   (D) WITHIN ONE THOUSAND FEET OF A MASS GATHERING OF MORE THAN  TWENTY-
 FIVE PEOPLE.
   §  3.  Subdivision  1  of section 490.25 of the penal law, as added by
 chapter 300 of the laws of 2001, is amended to read as follows:

 S. 7813--A                          3
 
   1. A person is guilty of a crime of terrorism  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, SCHOOL, HOUSE OF WORSHIP OR BUSINESS OR MASS GATH-
 ERING by murder, assassination or kidnapping, he or she commits a speci-
 fied offense.
   § 4. The executive law is amended by adding a new article 26-A to read
 as follows:
                               ARTICLE 26-A
                    NEW YORK STATE INTELLIGENCE CENTER
 SECTION 730. THE NEW YORK STATE INTELLIGENCE CENTER.
         731. DEFINITIONS.
         732. OPERATION OF CENTER.
         733. COLLECTION OF CRIMINAL INTELLIGENCE INFORMATION.
         734. CONFIDENTIALITY  AND  IMMUNITY  FROM  SERVICE  OF  PROCESS;
                PENALTIES.
         735. RECEIPT OF INFORMATION; IMMUNITY FROM LIABILITY.
         736. COLLECTION OF  INFORMATION  PROHIBITED;  EXCEPTIONS;  OVER-
                SIGHT.
         737. FUSION OPERATION CENTERS OF THE NEW YORK STATE INTELLIGENCE
                CENTER.
   §  730.  THE  NEW  YORK STATE INTELLIGENCE CENTER.  1. THERE IS HEREBY
 ESTABLISHED A NEW YORK STATE INTELLIGENCE  CENTER  IN  THE  DIVISION  OF
 STATE POLICE.
   2.  THE  NEW  YORK  STATE  INTELLIGENCE CENTER SHALL RECEIVE; PROCESS;
 COLLECT; INTEGRATE; EVALUATE; ANALYZE; FUSE; DISSEMINATE;  MAINTAIN  AND
 SHARE  INTELLIGENCE INFORMATION AND OTHER INFORMATION TO SUPPORT GOVERN-
 MENTAL AGENCIES AND  PRIVATE  ORGANIZATIONS  IN  DETECTING,  PREVENTING,
 INVESTIGATING,  RESPONDING TO AND RECOVERING FROM CRIMINAL AND TERRORIST
 ACTIVITY IN COMPLIANCE WITH APPLICABLE STATE AND FEDERAL LAWS, RULES AND
 REGULATIONS.
   3. IT SHALL BE THE MAJOR PURPOSE OF THE NEW  YORK  STATE  INTELLIGENCE
 CENTER TO:
   (A)  RECEIVE,  PROCESS,  COLLECT,  INTEGRATE, EVALUATE, ANALYZE, FUSE,
 DISSEMINATE, MAINTAIN AND SHARE INTELLIGENCE  INFORMATION  IN  A  TIMELY
 MANNER;
   (B)  RECEIVE,  PROCESS,  COLLECT,  INTEGRATE, EVALUATE, ANALYZE, FUSE,
 DISSEMINATE, MAINTAIN AND  SHARE  ALL  TERRORISM  RELATED  INTELLIGENCE;
 CONDUCT  THREAT  AND VULNERABILITY ASSESSMENTS; AND DISSEMINATE INTELLI-
 GENCE ACCORDINGLY;
   (C) ENSURE, AND ENHANCE CONNECTIVITY  OF  FEDERAL,  STATE,  AND  LOCAL
 PARTNERS  TO  THE  NEW  YORK  STATE  INTELLIGENCE  CENTER, AS WELL AS TO
 REGIONAL AND LOCAL FUSION CENTERS IN SUPPORT OF INFORMATION SHARING  AND
 ANALYSIS  IN ACCORDANCE WITH THE NATIONAL STRATEGY FOR INFORMATION SHAR-
 ING AND SAFEGUARDING;
   (D) EXPAND OUTREACH AND INFORMATION-SHARING  EFFORTS  BEYOND  THE  LAW
 ENFORCEMENT  COMMUNITY,  TO  INCLUDE FIRE, PUBLIC HEALTH, EMS, EMERGENCY
 MANAGEMENT, THE PRIVATE SECTOR, AND OTHER RELEVANT AND AFFECTED ENTITIES
 AS INDIVIDUALS IN ACCORDANCE WITH THE NATIONAL STRATEGY FOR  INFORMATION
 SHARING AND SAFEGUARDING;
   (E) AUGMENT PRIVATE SECTOR OUTREACH EFFORTS TO CRITICAL INFRASTRUCTURE
 SECTORS AND AT-RISK BUSINESSES;
   (F)  INCREASE  PUBLIC  AWARENESS  AND  SUSPICIOUS  ACTIVITY  REPORTING
 THROUGH ONGOING OUTREACH AND EDUCATION ON SECURITY  ISSUES,  TO  INCLUDE
 COMMUNITY  ORGANIZATIONS,  PRIVATE  SECURITY  PARTNERS,  AND THE GENERAL
 PUBLIC;

 S. 7813--A                          4
 
   (G) ENHANCE STATEWIDE, REGIONAL AND LOCAL PLANNING EFFORTS  TO  ENSURE
 ONGOING  INFORMATION  SHARING  AND  TO IDENTIFY INFORMATION SHARING GAPS
 THROUGH NEEDS ASSESSMENTS IN ACCORDANCE WITH THE NATIONAL  STRATEGY  FOR
 INFORMATION SHARING AND SAFEGUARDING;
   (H) ENSURE THE PRESENCE AND SECURITY OF INFORMATION, AS WELL AS, TECH-
 NOLOGY  AND  SYSTEMS TO FACILITATE INFORMATION SECURITY, AND APPROPRIATE
 INFORMATION SHARING AND ANALYSIS;
   (I) CONDUCT TRAINING AND EXERCISES  TO  BUILD  AND  TEST  INTELLIGENCE
 COLLECTION  AND MANAGEMENT OF INFORMATION SHARING AND INTELLIGENCE CAPA-
 BILITIES;
   (J) PROMOTE THE HIRING, TRAINING AND USE OF INTELLIGENCE  ANALYSTS  IN
 SUPPORT OF STATE HOMELAND SECURITY STRATEGY;
   (K)  PROVIDE FURTHER SUPPORT TO STATEWIDE AND FEDERAL INITIATIVES THAT
 FOSTER AND PROMOTE THE COLLECTION, MANAGEMENT AND  SAFEGUARDING  OF  THE
 SHARING OF INFORMATION AND INTELLIGENCE;
   (L) FACILITATE THE OBTAINMENT OF SECURITY CLEARANCES FOR KEY PERSONNEL
 AND POLICYMAKERS WHOSE DUTIES REQUIRE ACCESS TO CLASSIFIED INFORMATION;
   (M)  IMPROVE  SITUATIONAL  AWARENESS BY PROVIDING CLASSIFIED BRIEFINGS
 AND INFORMATION TO CLEARED PERSONNEL;
   (N) PREVENT ACTS OF TERRORISM AS DEFINED PURSUANT TO FEDERAL  LAW  AND
 ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
   (O)  EXPAND  INFORMATION  SHARING AND COLLABORATION THROUGH THE ESTAB-
 LISHMENT OF PARTNERSHIPS WITH ACADEMIC INSTITUTIONS INVOLVED IN HOMELAND
 SECURITY, TERRORISM STUDIES, INTELLIGENCE AND RELATED FIELDS OF STUDY.
   § 731. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "COLLECT" MEANS TO SOLICIT OR RECEIVE.
   2. "INTELLIGENCE INFORMATION" MEANS DATA THAT HAS BEEN  EVALUATED  AND
 DETERMINED  TO  BE  RELEVANT  TO  THE  IDENTIFICATION OF CRIMINAL AND/OR
 TERRORIST ACTIVITY OF INDIVIDUALS OR ORGANIZATIONS THAT  ARE  REASONABLY
 SUSPECTED OF INVOLVEMENT IN SUCH ACTIVITY.
   3. "DIVISION" MEANS DIVISION OF STATE POLICE.
   § 732. OPERATION OF CENTER. 1. THE DIVISION SHALL OPERATE THE NEW YORK
 STATE INTELLIGENCE CENTER UNDER THE DIRECTION OF THE GOVERNOR.
   2.  THE  DIVISION  SHALL  COOPERATE,  SUBJECT  TO APPLICABLE STATE AND
 FEDERAL LAWS, RULES AND REGULATIONS WITH:
   (A) THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES;
   (B) LOCAL, STATE, OR FEDERAL GOVERNMENT  AGENCIES  INCLUDING  BUT  NOT
 LIMITED TO:
   (I)  REPRESENTATIVES  OF  NEW  YORK  STATE AGENCIES, INCLUDING BUT NOT
 LIMITED TO, THE DIVISION OF HOMELAND SECURITY  AND  EMERGENCY  SERVICES;
 THE  DIVISION  OF MILITARY AND NAVAL AFFAIRS AND ITS COMPONENT COMMANDS;
 THE DEPARTMENT OF EDUCATION; THE METROPOLITAN TRANSPORTATION  AUTHORITY;
 THE  DEPARTMENT  OF  CORRECTIONAL  SERVICES;  THE  DIVISION  OF CRIMINAL
 JUSTICE SERVICES; THE DEPARTMENT OF FINANCIAL SERVICES;  THE  DEPARTMENT
 OF  MOTOR  VEHICLES;  THE DIVISION OF PAROLE; AND SUCH OTHER AND FURTHER
 ENTITIES AS THE SUPERINTENDENT OF STATE POLICE DEEMS PRUDENT;
   (II) REPRESENTATIVES OF LOCAL GOVERNMENT AND  SCHOOLS,  INCLUDING  BUT
 NOT  LIMITED  TO,  THE  POLICE  DEPARTMENT  OF THE CITY OF NEW YORK; THE
 POLICE DEPARTMENT OF THE CITY OF ALBANY; THE POLICE  DEPARTMENT  OF  THE
 CITY  OF  BUFFALO;  THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK;
 THE ALBANY CITY SCHOOL DISTRICT; THE BUFFALO CITY SCHOOL  DISTRICT;  THE
 DEPARTMENT  OF  ENVIRONMENTAL  PROTECTION  OF  THE CITY OF NEW YORK; THE
 SCHENECTADY COUNTY PROBATION DEPARTMENT;  AND  SUCH  OTHER  AND  FURTHER
 ENTITIES AS THE SUPERINTENDENT OF STATE POLICE DEEMS PRUDENT;
   (III) INVITED REPRESENTATIVES OF THE FEDERAL GOVERNMENT, INCLUDING BUT
 NOT  LIMITED  TO, THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY; THE

 S. 7813--A                          5

 FEDERAL  BUREAU  OF  INVESTIGATION;  THE  UNITED  STATES  DEPARTMENT  OF
 JUSTICE;  THE  DRUG  ENFORCEMENT  ADMINISTRATION; THE BUREAU OF ALCOHOL,
 TOBACCO, FIREARMS, EXPLOSIVES; THE  UNITED  STATES  BORDER  PATROL;  THE
 UNITED  STATES  CUSTOMS  AND  BORDER  PROTECTION;  U.S.  IMMIGRATION AND
 CUSTOMS ENFORCEMENT; THE SCHOOL SECURITY ADMINISTRATION; THE  OFFICE  OF
 THE  UNITED  STATES  ATTORNEY FOR THE NORTHERN DISTRICT OF NEW YORK; THE
 OFFICE OF THE UNITED STATES ATTORNEY FOR THE SOUTHERN  DISTRICT  OF  NEW
 YORK;  THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE WESTERN DISTRICT
 OF NEW YORK; AND SUCH OTHER AND FURTHER ENTITIES AS  THE  SUPERINTENDENT
 OF STATE POLICE DEEMS PRUDENT; AND
   (C) PRIVATE ORGANIZATIONS.
   §  733.  COLLECTION  OF  INTELLIGENCE  INFORMATION. THE NEW YORK STATE
 INTELLIGENCE CENTER MAY COLLECT INTELLIGENCE INFORMATION IF:
   1. REASONABLE SUSPICION EXISTS THAT THE SUBJECT  OF  THE  INTELLIGENCE
 INFORMATION  IS  INVOLVED  WITH OR HAS KNOWLEDGE OF POSSIBLE CRIMINAL OR
 TERRORIST ACTIVITY; OR
   2. THE INTELLIGENCE INFORMATION IS RELEVANT TO CRIMINAL  OR  TERRORIST
 ACTIVITY  OR  MAY REASONABLY LEAD TO INFORMATION RELEVANT TO CRIMINAL OR
 TERRORIST ACTIVITY.
   § 734. CONFIDENTIALITY AND IMMUNITY FROM SERVICE  OF  PROCESS;  PENAL-
 TIES.  1.  PAPERS, RECORDS, DOCUMENTS, REPORTS, MATERIALS, DATABASES, OR
 OTHER EVIDENCE OR INFORMATION RELATIVE TO INTELLIGENCE OR ANY  TERRORISM
 INVESTIGATION  IN  THE  POSSESSION  OF  THE  NEW YORK STATE INTELLIGENCE
 CENTER SHALL BE CONFIDENTIAL AND SHALL NOT BE SUBJECT TO THE FREEDOM  OF
 INFORMATION LAW. THE DIVISION SHALL CONDUCT AN ANNUAL REVIEW OF INFORMA-
 TION CONTAINED IN ANY DATABASE MAINTAINED BY THE NEW YORK STATE INTELLI-
 GENCE  CENTER. DATA DETERMINED TO NOT HAVE A NEXUS TO TERRORIST ACTIVITY
 SHALL BE REMOVED FROM SUCH DATABASE.  A  REASONABLE  SUSPICION  STANDARD
 SHALL BE APPLIED WHEN DETERMINING WHETHER OR NOT INFORMATION HAS A NEXUS
 TO TERRORIST ACTIVITY.
   2.  NO PERSON, HAVING ACCESS TO INFORMATION MAINTAINED BY THE NEW YORK
 STATE INTELLIGENCE CENTER, SHALL BE  SUBJECT  TO  SUBPOENA  IN  A  CIVIL
 ACTION IN ANY COURT OF THE STATE TO TESTIFY CONCERNING A MATTER OF WHICH
 HE  HAS KNOWLEDGE PURSUANT TO HIS ACCESS TO CRIMINAL INTELLIGENCE INFOR-
 MATION MAINTAINED BY THE NEW YORK STATE INTELLIGENCE CENTER.
   3. NO PERSON OR AGENCY RECEIVING INFORMATION FROM THE NEW  YORK  STATE
 INTELLIGENCE  CENTER SHALL RELEASE OR DISSEMINATE THAT INFORMATION WITH-
 OUT PRIOR AUTHORIZATION FROM THE NEW YORK STATE INTELLIGENCE CENTER.
   4. ANY PERSON WHO KNOWINGLY DISSEMINATES INFORMATION IN  VIOLATION  OF
 THIS SECTION IS GUILTY OF A CLASS D FELONY.
   5.  ANY  PERSON WHO KNOWINGLY DISSEMINATES INFORMATION IN VIOLATION OF
 THIS SECTION IS GUILTY OF A CLASS B FELONY IF SUCH DISSEMINATION RESULTS
 IN DEATH OR SERIOUS BODILY INJURY TO ANOTHER PERSON.
   § 735. RECEIPT OF INFORMATION; IMMUNITY FROM LIABILITY. 1. NO CAUSE OF
 ACTION FOR DEFAMATION, INVASION OF PRIVACY, OR  NEGLIGENCE  SHALL  ARISE
 AGAINST ANY PERSON FOR REASON OF THAT PERSON'S FURNISHING OF INFORMATION
 CONCERNING  ANY  SUSPECTED, ANTICIPATED, OR COMPLETED CRIMINAL VIOLATION
 WHEN THE INFORMATION IS PROVIDED TO OR RECEIVED FROM THE DIVISION OR ANY
 FEDERAL OR STATE GOVERNMENTAL ENTITY ESTABLISHED  FOR  THE  PURPOSES  OF
 DETECTING AND PREVENTING ACTS OF TERRORISM.
   2.  NO PERSON SHALL BE SUBJECT TO SUCH CAUSE OF ACTION FOR COOPERATING
 WITH, OR FURNISHING EVIDENCE  OR  INFORMATION  REGARDING  ANY  SUSPECTED
 CRIMINAL VIOLATION TO, THE DIVISION.
   3.  THIS  SECTION  SHALL  NOT PROVIDE IMMUNITY FOR THOSE DISCLOSING OR
 FURNISHING FALSE INFORMATION WITH MALICE OR WILLFUL INTENT TO INJURE ANY
 PERSON.

 S. 7813--A                          6
 
   4. THIS SECTION DOES NOT ABROGATE OR MODIFY IN ANY WAY COMMON  LAW  OR
 STATUTORY  PRIVILEGE  OR  IMMUNITY  HERETOFORE  ENJOYED BY ANY PERSON OR
 ENTITY.
   § 736. COLLECTION OF INFORMATION PROHIBITED; EXCEPTIONS; OVERSIGHT. 1.
 THE  DIVISION  SHALL  NOT  COLLECT, MAINTAIN OR SHARE WITH ANY OTHER LAW
 ENFORCEMENT AGENCY, INFORMATION ABOUT THE POLITICAL OR RELIGIOUS ASSOCI-
 ATIONS, VIEWS OR ACTIVITIES OF A PERSON UNLESS:
   (A) THE INFORMATION DIRECTLY RELATES TO AN INVESTIGATION  OF  CRIMINAL
 OR TERRORIST ACTIVITY; OR
   (B)  THERE  ARE  REASONABLE GROUNDS TO BELIEVE THAT THE SUBJECT OF THE
 INFORMATION IS INVOLVED IN THE CRIMINAL OR TERRORIST ACTIVITY; OR
   (C) THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE  SUBJECT  OF  THE
 INFORMATION  WILL  LEAD TO INFORMATION RELEVANT TO CRIMINAL OR TERRORIST
 ACTIVITY.
   2. INFORMATION ABOUT A PERSON'S POLITICAL OR  RELIGIOUS  ASSOCIATIONS,
 VIEWS  OR  ACTIVITIES  THAT  IS  COLLECTED OR MAINTAINED BY THE DIVISION
 SHALL BE DESTROYED IF:
   (A) A CRIMINAL CHARGE, TO WHICH THE INFORMATION IS MATERIAL OR DIRECT-
 LY RELATED, IS NOT BROUGHT AGAINST THE PERSON WITHIN FIVE YEARS FROM THE
 DATE OF THE COLLECTION OF THE INFORMATION;
   (B) A CRIMINAL CHARGE, TO WHICH THE INFORMATION IS MATERIAL OR DIRECT-
 LY RELATED, WAS BROUGHT AND HAS RESULTED  IN  A  DISMISSAL,  FAILURE  TO
 PROSECUTE, OR ACQUITTAL; OR
   (C) THE INFORMATION WAS COLLECTED OR MAINTAINED IN VIOLATION OF SUBDI-
 VISION ONE OF THIS SECTION.
   §  737.  FUSION  OPERATION  CENTERS OF THE NEW YORK STATE INTELLIGENCE
 CENTER.  1. THE NEW YORK STATE INTELLIGENCE CENTER SHALL OPERATE NO LESS
 THAN THREE FUSION OPERATION CENTERS TO  PERFORM  ITS  PROSCRIBED  ROLES,
 DUTIES AND FUNCTIONS AS DESCRIBED IN THIS ARTICLE. SUCH FUSION OPERATION
 CENTERS  SHALL  OPERATE IN ACCORDANCE WITH THIS ARTICLE AND ALL RELEVANT
 FEDERAL LAWS, RULES AND REGULATIONS PERTAINING TO FUSION CENTERS AND THE
 NATIONAL STRATEGY FOR INFORMATION SHARING AND  SAFEGUARDING.  WHERE  ANY
 PORTION  OF  THIS  ARTICLE  SHALL  BE  DEEMED INCONSISTENT WITH RELEVANT
 FEDERAL LAWS, RULES AND REGULATIONS PERTAINING TO FUSION CENTERS AND THE
 NATIONAL STRATEGY FOR INFORMATION SHARING AND SAFEGUARDING,  THE  SUPER-
 INTENDENT  OF  STATE  POLICE,  BY  REGULATION,  MAY AMEND THE PRACTICES,
 ROLES, DUTIES AND FUNCTIONS OF THE NEW YORK STATE INTELLIGENCE CENTER TO
 BE CONSISTENT WITH SUCH FEDERAL LAWS, RULES AND  REGULATIONS  PERTAINING
 TO  FUSION CENTERS AND THE NATIONAL STRATEGY FOR INFORMATION SHARING AND
 SAFEGUARDING, SO AS TO CONTINUE THE SHARING OF INFORMATION AND  INTELLI-
 GENCE WITH FEDERAL AUTHORITIES.
   2.  THE NEW YORK STATE INTELLIGENCE CENTER SHALL OPERATE FUSION OPERA-
 TION CENTERS IN ALBANY COUNTY, ERIE COUNTY, THE CITY OF  NEW  YORK,  AND
 SUCH  OTHER  AND FURTHER LOCATIONS AS THE SUPERINTENDENT OF STATE POLICE
 DEEMS PRUDENT AND WITHIN BUDGET APPROPRIATIONS THEREFOR.
   § 5. 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  applica-
 tion  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.
   § 6. This act shall take effect immediately.