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Senate Bill S7277

2019-2020 Legislative Session

Relates to acts of domestic terrorism

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Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

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2019-S7277 (ACTIVE) - Details

Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Penal Law
Laws Affected:
Amd §§490.05 & 490.25, Pen L
Versions Introduced in 2021-2022 Legislative Session:
S3994

2019-S7277 (ACTIVE) - Summary

Expands the definition of acts of terror to include those committed against individuals or private or public property based on a belief or perception regarding race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation associated with such.

2019-S7277 (ACTIVE) - Sponsor Memo

2019-S7277 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7277
 
                             I N  S E N A T E
 
                             January 15, 2020
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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 acts of domestic terrorism
 
   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;
   [(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 OR USE  OF  A  KNIFE
 WITH  THE  INTENT  TO  CAUSE PHYSICAL HARM OR DEATH TO ANOTHER PERSON OR
 PERSONS IN WHOLE OR IN SUBSTANTIAL PART BECAUSE OF A BELIEF  OR  PERCEP-
 TION  REGARDING  THE  RACE,  COLOR,  NATIONAL  ORIGIN, ANCESTRY, GENDER,
 GENDER IDENTITY OR EXPRESSION, RELIGION, RELIGIOUS PRACTICE, AGE,  DISA-
 BILITY  OR  SEXUAL  ORIENTATION  OF SUCH PERSON OR PERSONS, OR DAMAGE TO
 PRIVATE OR PUBLIC PROPERTY ASSOCIATED IN WHOLE OR  IN  SUBSTANTIAL  PART
 WITH SUCH BELIEFS OR PERCEPTIONS:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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