S T A T E O F N E W Y O R K
________________________________________________________________________
8261
I N S E N A T E
April 24, 2018
___________
Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and
when printed to be committed to the Committee on Veterans, Homeland
Security and Military Affairs
AN ACT to amend the penal law, in relation to acts of terrorism and
falsely reporting an incident
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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, THE OCCUPANTS OF
A SCHOOL, COLLEGE OR UNIVERSITY, HOUSE OF WORSHIP OR BUSINESS OR PERSONS
COMPRISING A MASS GATHERING OF MORE THAN TWENTY-FIVE PEOPLE;
[(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 UNLAWFUL DISCHARGE OF A FIREARM, RIFLE, SHOTGUN OR ASSAULT
WEAPON WITH THE INTENT TO CAUSE PHYSICAL INJURY 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, COLLEGE OR UNIVERSITY OF WHICH THE
ACTOR IS AWARE; OR
(B) WITHIN A DISTANCE OF ONE THOUSAND FEET FROM THE GROUNDS OF A PLACE
OF WORSHIP OF WHICH THE ACTOR IS AWARE; OR
(C) IN A PLACE OF BUSINESS WITH ONE OR MORE EMPLOYEES OF WHICH THE
ACTOR IS AWARE; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15332-02-8
S. 8261 2
(D) WITHIN ONE THOUSAND FEET OF A MASS GATHERING OF PEOPLE OF WHICH
THE ACTOR IS AWARE AND THE MASS GATHERING CONSISTED OF MORE THAN TWEN-
TY-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, THE OCCUPANTS OF
A SCHOOL, COLLEGE OR UNIVERSITY, HOUSE OF WORSHIP OR BUSINESS OR PERSONS
COMPRISING A MASS GATHERING OF MORE THAN TWENTY-FIVE PEOPLE;
[(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 UNLAWFUL DISCHARGE OF A FIREARM, RIFLE, SHOTGUN OR ASSAULT
WEAPON WITH THE INTENT TO CAUSE PHYSICAL INJURY 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, COLLEGE OR UNIVERSITY OF WHICH THE
ACTOR IS AWARE; OR
(B) WITHIN A DISTANCE OF ONE THOUSAND FEET FROM THE GROUNDS OF A PLACE
OF WORSHIP OF WHICH THE ACTOR IS AWARE; OR
(C) IN A PLACE OF BUSINESS WITH ONE OR MORE EMPLOYEES OF WHICH THE
ACTOR IS AWARE; OR
(D) WITHIN ONE THOUSAND FEET OF A MASS GATHERING OF PEOPLE OF WHICH
THE ACTOR IS AWARE AND THE MASS GATHERING CONSISTED OF MORE THAN TWEN-
TY-FIVE PEOPLE.
§ 2. Subdivisions 1 and 2 of section 490.20 of the penal law, as added
by chapter 300 of the laws of 2001, are amended to read as follows:
1. A person is guilty of making a terroristic threat when with intent
to intimidate or coerce a civilian population, THE OCCUPANTS OF A
SCHOOL, COLLEGE OR UNIVERSITY, HOUSE OF WORSHIP OR BUSINESS OR PERSONS
COMPRISING A MASS GATHERING OF MORE THAN TWENTY-FIVE PEOPLE, influence
the policy of a unit of government by intimidation or coercion, or
affect the conduct of a unit of government by murder, assassination or
kidnapping, he or she threatens to commit or cause to be committed a
specified offense OR AN ACT OF TERRORISM AS DEFINED IN SUBPARAGRAPH (II)
OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 490.05 OF THIS ARTICLE
and thereby causes a reasonable expectation or fear of the imminent
commission of such offense OR ACT.
2. It shall be no defense to a prosecution pursuant to this section
that the defendant did not have the intent or capability of committing
the ACT OF TERRORISM OR specified offense or that the threat was not
made to a person who was a subject thereof.
§ 3. Section 490.25 of the penal law, as added by chapter 300 of the
laws of 2001, is amended to read as follows:
§ 490.25 Crime of terrorism.
1. A person is guilty of a crime of terrorism when, with intent to
intimidate or coerce a civilian population, THE OCCUPANTS OF A SCHOOL,
COLLEGE OR UNIVERSITY, HOUSE OF WORSHIP OR BUSINESS OR PERSONS COMPRIS-
ING A MASS GATHERING OF MORE THAN TWENTY-FIVE PEOPLE, influence the
policy of a unit of government by intimidation or coercion, or affect
the conduct of a unit of government by murder, assassination or kidnap-
ping, he or she commits a specified offense OR AN ACT OF TERRORISM AS
DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION ONE OF
SECTION 490.05 OF THIS ARTICLE.
S. 8261 3
2. Sentencing. (a) When a person is convicted of a crime of terrorism
pursuant to this section, and the specified offense is a class B, C, D
or E felony offense, the crime of terrorism shall be deemed a violent
felony offense.
(b) WHEN A PERSON IS CONVICTED OF A CRIME OF TERRORISM PURSUANT TO
THIS SECTION, BASED UPON AN ACT OF TERRORISM AS DEFINED IN SUBPARAGRAPH
(II) OF PARAGRAPH (A) OF SUBDIVISION 1 OF SECTION 490.05 OF THIS ARTICLE
THAT INVOLVED THE UNLAWFUL DISCHARGE OF A FIREARM, RIFLE, SHOTGUN OR
ASSAULT WEAPON WITH THE INTENT TO DAMAGE PRIVATE OR PUBLIC PROPERTY, THE
CRIME OF TERRORISM SHALL BE DEEMED A CLASS D NON-FELONY VIOLENT FELONY
OFFENSE.
(C) WHEN A PERSON IS CONVICTED OF A CRIME OF TERRORISM PURSUANT TO
THIS SECTION, BASED UPON AN ACT OF TERRORISM AS DEFINED IN SUBPARAGRAPH
(II) OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 490.05 OF THIS ARTI-
CLE THAT INVOLVED THE UNLAWFUL DISCHARGE OF A FIREARM, RIFLE, SHOTGUN OR
ASSAULT WEAPON WITH THE INTENT TO CAUSE PHYSICAL INJURY OR DEATH TO
ANOTHER PERSON, THE CRIME OF TERRORISM SHALL BE DEEMED A CLASS C VIOLENT
FELONY OFFENSE.
(D) 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 appli-
cable.
[(c)] (E) When a person is convicted of a crime of terrorism pursuant
to this section, and the specified offense is a class B felony offense,
the crime of terrorism shall be deemed a class A-I felony offense and
the sentence imposed upon conviction of such offense shall be in accord-
ance with section 70.00 of this chapter.
[(d)] (F) Notwithstanding any other provision of law, when a person is
convicted of a crime of terrorism pursuant to this section, and the
specified offense is a class A-I felony offense, the sentence upon
conviction of such offense shall be life imprisonment without parole;
provided, however, that nothing herein shall preclude or prevent a
sentence of death when the specified offense is murder in the first
degree as defined in section 125.27 of this chapter.
§ 4. Section 490.30 of the penal law, as added by chapter 300 of the
laws of 2001, is amended to read as follows:
§ 490.30 Hindering prosecution of terrorism in the second degree.
1. A person is guilty of hindering prosecution of terrorism in the
second degree when he or she renders criminal assistance to a person who
has committed an act of terrorism, knowing or believing that such person
engaged in conduct constituting an act of terrorism.
2. SENTENCING. (A) WHEN A PERSON IS CONVICTED OF HINDERING PROSE-
CUTION OF TERRORISM IN THE SECOND DEGREE AND THE PERSON TO WHOM HE OR
SHE RENDERED CRIMINAL ASSISTANCE COMMITTED AN ACT OF TERRORISM THAT
INVOLVED THE COMMISSION OF A SPECIFIED OFFENSE, THE CRIME OF HINDERING
PROSECUTION OF TERRORISM IN THE SECOND DEGREE SHALL BE DEEMED TO BE A
NON-VIOLENT FELONY OFFENSE OF THE SAME CATEGORY AS THE SPECIFIED
OFFENSE.
(B) WHEN A PERSON IS CONVICTED OF HINDERING PROSECUTION OF TERRORISM
IN THE SECOND DEGREE AND THE PERSON TO WHOM HE OR SHE RENDERED CRIMINAL
ASSISTANCE COMMITTED AN ACT OF TERRORISM THAT INVOLVED THE UNLAWFUL
DISCHARGE OF A FIREARM, RIFLE, SHOTGUN OR ASSAULT WEAPON WITH THE INTENT
TO CAUSE PHYSICAL INJURY OR DEATH TO ANOTHER PERSON THAT DID NOT CONSTI-
S. 8261 4
TUTE A SPECIFIED OFFENSE, THE CRIME OF HINDERING PROSECUTION OF TERROR-
ISM IN THE SECOND DEGREE SHALL BE DEEMED TO BE A CLASS D NON-VIOLENT
FELONY OFFENSE.
(C) WHEN A PERSON IS CONVICTED OF HINDERING PROSECUTION OF TERRORISM
IN THE SECOND DEGREE AND THE PERSON TO WHOM HE OR SHE RENDERED CRIMINAL
ASSISTANCE COMMITTED AN ACT OF TERRORISM THAT INVOLVED THE UNLAWFUL
DISCHARGE OF A FIREARM, RIFLE, SHOTGUN OR ASSAULT WEAPON WITH THE INTENT
TO DAMAGE PRIVATE OR PUBLIC PROPERTY THAT DID NOT CONSTITUTE A SPECIFIED
OFFENSE, THE CRIME OF HINDERING PROSECUTION OF TERRORISM SHALL BE DEEMED
TO BE A CLASS E NON-VIOLENT FELONY OFFENSE.
Hindering prosecution of terrorism in the second degree is a class C
felony.
§ 5. Subparagraph (i) of paragraph (b) of subdivision 1 of section
490.40 of the penal law, as added by section 9 of part A of chapter 1 of
the laws of 2004, is amended to read as follows:
(i) intimidate or coerce a civilian population, THE OCCUPANTS OF A
SCHOOL, COLLEGE OR UNIVERSITY, HOUSE OF WORSHIP OR BUSINESS OR PERSONS
COMPRISING A MASS GATHERING OF MORE THAN TWENTY-FIVE PEOPLE;
§ 6. Subparagraph (i) of paragraph (b) of subdivision 1 of section
490.45 of the penal law, as added by section 9 of part A of chapter 1 of
the laws of 2004, is amended to read as follows:
(i) intimidate or coerce a civilian population, THE OCCUPANTS OF A
SCHOOL, COLLEGE OR UNIVERSITY, HOUSE OF WORSHIP OR BUSINESS OR PERSONS
COMPRISING A MASS GATHERING OF MORE THAN TWENTY-FIVE PEOPLE;
§ 7. Paragraph (a) of subdivision 2 of section 490.50 of the penal
law, as added by section 9 of part A of chapter 1 of the laws of 2004,
is amended to read as follows:
(a) intimidate or coerce a civilian population, THE OCCUPANTS OF A
SCHOOL, COLLEGE OR UNIVERSITY, HOUSE OF WORSHIP OR BUSINESS OR PERSONS
COMPRISING A MASS GATHERING OF MORE THAN TWENTY-FIVE PEOPLE;
§ 8. Subparagraph (i) of paragraph (b) of subdivision 1 of section
490.55 of the penal law, as added by section 9 of part A of chapter 1 of
the laws of 2004, is amended to read as follows:
(i) intimidate or coerce a civilian population, THE OCCUPANTS OF A
SCHOOL, COLLEGE OR UNIVERSITY, HOUSE OF WORSHIP OR BUSINESS OR PERSONS
COMPRISING A MASS GATHERING OF MORE THAN TWENTY-FIVE PEOPLE;
§ 9. Subdivision 3 of section 240.00 of the penal law, as added by
chapter 561 of the laws of 1999, is amended to read as follows:
3. "School grounds" means in or on or within any building, structure,
school bus as defined in section one hundred forty-two of the vehicle
and traffic law, athletic playing field, playground or land contained
within the real property boundary line of a public [or private elementa-
ry], parochial[, intermediate, junior high, vocational] or [high]
PRIVATE school, COLLEGE OR UNIVERSITY.
§ 10. Subdivision 5 of section 240.60 of the penal law, as added by
chapter 561 of the laws of 1999, is amended to read as follows:
5. Knowing the information reported, conveyed or circulated to be
false or baseless and under circumstances in which it is likely public
alarm or inconvenience will result, he or she initiates or circulates a
report or warning of an alleged occurrence or an impending occurrence of
a fire, an explosion, [or] the release of a hazardous substance OR THE
UNLAWFUL DISCHARGE OF A FIREARM, RIFLE, SHOTGUN OR ASSAULT WEAPON upon
school grounds and it is likely that persons are present on said
grounds.
§ 11. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.