STATE OF NEW YORK
        ________________________________________________________________________
                                         7813--A
                    IN SENATE
                                    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:
     1    Section 1. Section 490.00 of the penal law, as added by chapter 300 of
     2  the laws of 2001, is amended to read as follows:
     3  § 490.00 Legislative findings.
     4    The devastating consequences of the  recent  barbaric  attack  on  the
     5  World  Trade  Center and the Pentagon underscore the compelling need for
     6  legislation that is specifically designed to combat the evils of terror-
     7  ism. Indeed, the bombings of American embassies in Kenya and Tanzania in
     8  1998, the federal building in Oklahoma  City  in  1995,  Pan  Am  Flight
     9  number 103 in Lockerbie in 1988, the 1997 shooting atop the Empire State
    10  Building,  the  1994  murder  of  Ari  Halberstam on the Brooklyn Bridge
    11  [and], the 1993 bombing of the World Trade Center, and the  mass  shoot-
    12  ings  in  San  Bernardino,  California and Charleston, South Carolina in
    13  2015, the Orlando nightclub in 2016, the Las Vegas strip in 2017, and at
    14  Marjory Stoneman Douglas High School in Parkland, Florida in 2018, among
    15  others, will forever serve to remind us that terrorism is a serious  and
    16  deadly problem that disrupts public order and threatens individual safe-
    17  ty  both  at  home  and around the world. Terrorism is inconsistent with
    18  civilized society and cannot be tolerated.
    19    Although certain federal laws seek to curb the incidence of terrorism,
    20  there are no corresponding state laws that  facilitate  the  prosecution
    21  and  punishment  of  terrorists  in state courts. Inexplicably, there is
    22  also no criminal penalty in this state for  a  person  who  solicits  or
    23  raises  funds  for,  or provides other material support or resources to,
    24  those who commit or encourage the commission of  horrific  and  cowardly
    25  acts  of  terrorism.  Nor  do  our criminal laws proscribe the making of
    26  terrorist threats or punish with appropriate severity those  who  hinder
    27  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
     1  be strengthened so that the cold-blooded execution of an individual  for
     2  terrorist purposes is a capital offense.
     3    A  comprehensive  state  law  is urgently needed to complement federal
     4  laws in the fight against terrorism and to better protect  all  citizens
     5  against terrorist acts and mass shootings.  Accordingly, the legislature
     6  finds  that  our laws must be strengthened to ensure that terrorists, as
     7  well as those who solicit or provide  financial  and  other  support  to
     8  terrorists, are prosecuted and punished in state courts with appropriate
     9  severity.
    10    §  2.  Subdivision  1  of section 490.05 of the penal law, as added by
    11  chapter 300 of the laws of 2001, is amended to read as follows:
    12    1. "Act of terrorism":
    13    (a) for purposes of this article means: (i) an act or acts  constitut-
    14  ing  a specified offense as defined in subdivision three of this section
    15  for which a person may be convicted in the criminal courts of this state
    16  pursuant to article twenty of the criminal procedure law, or an  act  or
    17  acts constituting an offense in any other jurisdiction within or outside
    18  the  territorial  boundaries  of the United States which contains all of
    19  the essential elements of a specified offense, that is intended to:
    20    [(i)] (A) intimidate or coerce a civilian population;
    21    [(ii)] (B) influence the policy of a  unit  of  government  by  intim-
    22  idation or coercion; or
    23    [(iii)]  (C)  affect  the  conduct  of a unit of government by murder,
    24  assassination or kidnapping; or
    25    (ii) the knowing, unlawful discharge of a firearm with the  intent  to
    26  cause  physical harm or death to another person, or damage to private or
    27  public property:
    28    (A) within a distance of one thousand  feet  from  the  grounds  of  a
    29  public, parochial or private school; or
    30    (B) within a distance of one thousand feet from the grounds of a place
    31  of worship; or
    32    (C) in a place of business with one or more employees; or
    33    (D)  within one thousand feet of a mass gathering of more than twenty-
    34  five people.
    35    (b) for purposes of subparagraph (xiii) of paragraph (a)  of  subdivi-
    36  sion  one  of  section 125.27 of this chapter means: (i) activities that
    37  involve a violent act or acts  dangerous  to  human  life  that  are  in
    38  violation of the criminal laws of this state and are intended to:
    39    [(i)] (A) intimidate or coerce a civilian population;
    40    [(ii)]  (B)  influence  the  policy  of a unit of government by intim-
    41  idation or coercion; or
    42    [(iii)] (C) affect the conduct of a  unit  of  government  by  murder,
    43  assassination or kidnapping[.]; or
    44    (ii)  the  knowing, unlawful discharge of a firearm with the intent to
    45  cause physical harm or death to another person, or damage to private  or
    46  public property:
    47    (A)  within  a  distance  of  one  thousand feet from the grounds of a
    48  public, parochial or private school; or
    49    (B) within a distance of one thousand feet from the grounds of a place
    50  of worship; or
    51    (C) in a place of business with one or more employees; or
    52    (D) within one thousand feet of a mass gathering of more than  twenty-
    53  five people.
    54    §  3.  Subdivision  1  of section 490.25 of the penal law, as added by
    55  chapter 300 of the laws of 2001, is amended to read as follows:

        S. 7813--A                          3
     1    1. A person is guilty of a crime of terrorism  when,  with  intent  to
     2  intimidate  or  coerce  a civilian population, influence the policy of a
     3  unit of government by intimidation or coercion, or affect the conduct of
     4  a unit of government, school, house of worship or business or mass gath-
     5  ering by murder, assassination or kidnapping, he or she commits a speci-
     6  fied offense.
     7    § 4. The executive law is amended by adding a new article 26-A to read
     8  as follows:
     9                                ARTICLE 26-A
    10                     NEW YORK STATE INTELLIGENCE CENTER
    11  Section 730. The New York state intelligence center.
    12          731. Definitions.
    13          732. Operation of center.
    14          733. Collection of criminal intelligence information.
    15          734. Confidentiality  and  immunity  from  service  of  process;
    16                 penalties.
    17          735. Receipt of information; immunity from liability.
    18          736. Collection of  information  prohibited;  exceptions;  over-
    19                 sight.
    20          737. Fusion operation centers of the New York state intelligence
    21                 center.
    22    §  730.  The  New  York state intelligence center.  1. There is hereby
    23  established a New York state intelligence  center  in  the  division  of
    24  state police.
    25    2.  The  New  York  state  intelligence center shall receive; process;
    26  collect; integrate; evaluate; analyze; fuse; disseminate;  maintain  and
    27  share  intelligence information and other information to support govern-
    28  mental agencies and  private  organizations  in  detecting,  preventing,
    29  investigating,  responding to and recovering from criminal and terrorist
    30  activity in compliance with applicable state and federal laws, rules and
    31  regulations.
    32    3. It shall be the major purpose of the New  York  state  intelligence
    33  center to:
    34    (a)  receive,  process,  collect,  integrate, evaluate, analyze, fuse,
    35  disseminate, maintain and share intelligence  information  in  a  timely
    36  manner;
    37    (b)  receive,  process,  collect,  integrate, evaluate, analyze, fuse,
    38  disseminate, maintain and  share  all  terrorism  related  intelligence;
    39  conduct  threat  and vulnerability assessments; and disseminate intelli-
    40  gence accordingly;
    41    (c) ensure, and enhance connectivity  of  federal,  state,  and  local
    42  partners  to  the  New  York  state  intelligence  center, as well as to
    43  regional and local fusion centers in support of information sharing  and
    44  analysis  in accordance with the national strategy for information shar-
    45  ing and safeguarding;
    46    (d) expand outreach and information-sharing  efforts  beyond  the  law
    47  enforcement  community,  to  include fire, public health, EMS, emergency
    48  management, the private sector, and other relevant and affected entities
    49  as individuals in accordance with the national strategy for  information
    50  sharing and safeguarding;
    51    (e) augment private sector outreach efforts to critical infrastructure
    52  sectors and at-risk businesses;
    53    (f)  increase  public  awareness  and  suspicious  activity  reporting
    54  through ongoing outreach and education on security  issues,  to  include
    55  community  organizations,  private  security  partners,  and the general
    56  public;

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     1    (g) enhance statewide, regional and local planning efforts  to  ensure
     2  ongoing  information  sharing  and  to identify information sharing gaps
     3  through needs assessments in accordance with the national  strategy  for
     4  information sharing and safeguarding;
     5    (h) ensure the presence and security of information, as well as, tech-
     6  nology  and  systems to facilitate information security, and appropriate
     7  information sharing and analysis;
     8    (i) conduct training and exercises  to  build  and  test  intelligence
     9  collection  and management of information sharing and intelligence capa-
    10  bilities;
    11    (j) promote the hiring, training and use of intelligence  analysts  in
    12  support of state homeland security strategy;
    13    (k)  provide further support to statewide and federal initiatives that
    14  foster and promote the collection, management and  safeguarding  of  the
    15  sharing of information and intelligence;
    16    (l) facilitate the obtainment of security clearances for key personnel
    17  and policymakers whose duties require access to classified information;
    18    (m)  improve  situational  awareness by providing classified briefings
    19  and information to cleared personnel;
    20    (n) prevent acts of terrorism as defined pursuant to federal  law  and
    21  article four hundred ninety of the penal law;
    22    (o)  expand  information  sharing and collaboration through the estab-
    23  lishment of partnerships with academic institutions involved in homeland
    24  security, terrorism studies, intelligence and related fields of study.
    25    § 731. Definitions. As used in this article:
    26    1. "Collect" means to solicit or receive.
    27    2. "Intelligence information" means data that has been  evaluated  and
    28  determined  to  be  relevant  to  the  identification of criminal and/or
    29  terrorist activity of individuals or organizations that  are  reasonably
    30  suspected of involvement in such activity.
    31    3. "Division" means division of state police.
    32    § 732. Operation of center. 1. The division shall operate the New York
    33  state intelligence center under the direction of the governor.
    34    2.  The  division  shall  cooperate,  subject  to applicable state and
    35  federal laws, rules and regulations with:
    36    (a) the division of homeland security and emergency services;
    37    (b) local, state, or federal government  agencies  including  but  not
    38  limited to:
    39    (i)  representatives  of  New  York  state agencies, including but not
    40  limited to, the division of homeland security  and  emergency  services;
    41  the  division  of military and naval affairs and its component commands;
    42  the department of education; the metropolitan transportation  authority;
    43  the  department  of  correctional  services;  the  division  of criminal
    44  justice services; the department of financial services;  the  department
    45  of  motor  vehicles;  the division of parole; and such other and further
    46  entities as the superintendent of state police deems prudent;
    47    (ii) representatives of local government and  schools,  including  but
    48  not  limited  to,  the  police  department  of the city of New York; the
    49  police department of the city of Albany; the police  department  of  the
    50  city  of  Buffalo;  the department of education of the city of New York;
    51  the Albany city school district; the Buffalo city school  district;  the
    52  department  of  environmental  protection  of  the city of New York; the
    53  Schenectady county probation department;  and  such  other  and  further
    54  entities as the superintendent of state police deems prudent;
    55    (iii) invited representatives of the federal government, including but
    56  not  limited  to, the United States department of homeland security; the

        S. 7813--A                          5
     1  federal  bureau  of  investigation;  the  United  States  department  of
     2  justice;  the  drug  enforcement  administration; the bureau of alcohol,
     3  tobacco, firearms, explosives; the  United  States  border  patrol;  the
     4  United  States  customs  and  border  protection;  U.S.  immigration and
     5  customs enforcement; the school security administration; the  office  of
     6  the  United  States  attorney for the northern district of New York; the
     7  office of the United States attorney for the southern  district  of  New
     8  York;  the office of the United States attorney for the western district
     9  of New York; and such other and further entities as  the  superintendent
    10  of state police deems prudent; and
    11    (c) private organizations.
    12    §  733.  Collection  of  intelligence  information. The New York state
    13  intelligence center may collect intelligence information if:
    14    1. reasonable suspicion exists that the subject  of  the  intelligence
    15  information  is  involved  with or has knowledge of possible criminal or
    16  terrorist activity; or
    17    2. the intelligence information is relevant to criminal  or  terrorist
    18  activity  or  may reasonably lead to information relevant to criminal or
    19  terrorist activity.
    20    § 734. Confidentiality and immunity from service  of  process;  penal-
    21  ties.  1.  Papers, records, documents, reports, materials, databases, or
    22  other evidence or information relative to intelligence or any  terrorism
    23  investigation  in  the  possession  of  the  New York state intelligence
    24  center shall be confidential and shall not be subject to the freedom  of
    25  information law. The division shall conduct an annual review of informa-
    26  tion contained in any database maintained by the New York state intelli-
    27  gence  center. Data determined to not have a nexus to terrorist activity
    28  shall be removed from such database.  A  reasonable  suspicion  standard
    29  shall be applied when determining whether or not information has a nexus
    30  to terrorist activity.
    31    2.  No person, having access to information maintained by the New York
    32  state intelligence center, shall be  subject  to  subpoena  in  a  civil
    33  action in any court of the state to testify concerning a matter of which
    34  he  has knowledge pursuant to his access to criminal intelligence infor-
    35  mation maintained by the New York state intelligence center.
    36    3. No person or agency receiving information from the New  York  state
    37  intelligence  center shall release or disseminate that information with-
    38  out prior authorization from the New York state intelligence center.
    39    4. Any person who knowingly disseminates information in  violation  of
    40  this section is guilty of a class D felony.
    41    5.  Any  person who knowingly disseminates information in violation of
    42  this section is guilty of a class B felony if such dissemination results
    43  in death or serious bodily injury to another person.
    44    § 735. Receipt of information; immunity from liability. 1. No cause of
    45  action for defamation, invasion of privacy, or  negligence  shall  arise
    46  against any person for reason of that person's furnishing of information
    47  concerning  any  suspected, anticipated, or completed criminal violation
    48  when the information is provided to or received from the division or any
    49  federal or state governmental entity established  for  the  purposes  of
    50  detecting and preventing acts of terrorism.
    51    2.  No person shall be subject to such cause of action for cooperating
    52  with, or furnishing evidence  or  information  regarding  any  suspected
    53  criminal violation to, the division.
    54    3.  This  section  shall  not provide immunity for those disclosing or
    55  furnishing false information with malice or willful intent to injure any
    56  person.

        S. 7813--A                          6
     1    4. This section does not abrogate or modify in any way common  law  or
     2  statutory  privilege  or  immunity  heretofore  enjoyed by any person or
     3  entity.
     4    § 736. Collection of information prohibited; exceptions; oversight. 1.
     5  The  division  shall  not  collect, maintain or share with any other law
     6  enforcement agency, information about the political or religious associ-
     7  ations, views or activities of a person unless:
     8    (a) the information directly relates to an investigation  of  criminal
     9  or terrorist activity; or
    10    (b)  there  are  reasonable grounds to believe that the subject of the
    11  information is involved in the criminal or terrorist activity; or
    12    (c) there are reasonable grounds to believe that the  subject  of  the
    13  information  will  lead to information relevant to criminal or terrorist
    14  activity.
    15    2. Information about a person's political or  religious  associations,
    16  views  or  activities  that  is  collected or maintained by the division
    17  shall be destroyed if:
    18    (a) a criminal charge, to which the information is material or direct-
    19  ly related, is not brought against the person within five years from the
    20  date of the collection of the information;
    21    (b) a criminal charge, to which the information is material or direct-
    22  ly related, was brought and has resulted  in  a  dismissal,  failure  to
    23  prosecute, or acquittal; or
    24    (c) the information was collected or maintained in violation of subdi-
    25  vision one of this section.
    26    §  737.  Fusion  operation  centers of the New York state intelligence
    27  center.  1. The New York state intelligence center shall operate no less
    28  than three fusion operation centers to  perform  its  proscribed  roles,
    29  duties and functions as described in this article. Such fusion operation
    30  centers  shall  operate in accordance with this article and all relevant
    31  federal laws, rules and regulations pertaining to fusion centers and the
    32  national strategy for information sharing and  safeguarding.  Where  any
    33  portion  of  this  article  shall  be  deemed inconsistent with relevant
    34  federal laws, rules and regulations pertaining to fusion centers and the
    35  national strategy for information sharing and safeguarding,  the  super-
    36  intendent  of  state  police,  by  regulation,  may amend the practices,
    37  roles, duties and functions of the New York state intelligence center to
    38  be consistent with such federal laws, rules and  regulations  pertaining
    39  to  fusion centers and the national strategy for information sharing and
    40  safeguarding, so as to continue the sharing of information and  intelli-
    41  gence with federal authorities.
    42    2.  The New York state intelligence center shall operate fusion opera-
    43  tion centers in Albany county, Erie county, the city of  New  York,  and
    44  such  other  and further locations as the superintendent of state police
    45  deems prudent and within budget appropriations therefor.
    46    § 5. If any item, clause, sentence, subparagraph, subdivision, section
    47  or other part of this act, or the application thereof to any  person  or
    48  circumstances  shall  be  held  to  be  invalid,  such holding shall not
    49  affect, impair or invalidate the remainder of this act, or the  applica-
    50  tion  of  such  section  or part of a section held invalid, to any other
    51  person or circumstances, but shall be confined in its operation  to  the
    52  item, clause, sentence, subparagraph, subdivision, section or other part
    53  of  this  act  directly  involved  in such holding, or to the person and
    54  circumstances therein involved.
    55    § 6. This act shall take effect immediately.