STATE OF NEW YORK
        ________________________________________________________________________
                                          8261
                    IN SENATE
                                     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:
     1    Section  1. Subdivision 1 of section 490.05 of the penal law, as added
     2  by chapter 300 of the laws of 2001, is amended to read as follows:
     3    1. "Act of terrorism":
     4    (a) for purposes of this article means: (i) an act or acts  constitut-
     5  ing  a specified offense as defined in subdivision three of this section
     6  for which a person may be convicted in the criminal courts of this state
     7  pursuant to article twenty of the criminal procedure law, or an  act  or
     8  acts constituting an offense in any other jurisdiction within or outside
     9  the  territorial  boundaries  of the United States which contains all of
    10  the essential elements of a specified offense, that is intended to:
    11    [(i)] (A) intimidate or coerce a civilian population, the occupants of
    12  a school, college or university, house of worship or business or persons
    13  comprising a mass gathering of more than twenty-five people;
    14    [(ii)] (B) influence the policy of a  unit  of  government  by  intim-
    15  idation or coercion; or
    16    [(iii)]  (C)  affect  the  conduct  of a unit of government by murder,
    17  assassination or kidnapping; or
    18    (ii) the unlawful discharge of a firearm, rifle,  shotgun  or  assault
    19  weapon  with  the  intent  to  cause physical injury or death to another
    20  person, or damage to private or public property:
    21    (A) within a distance of one thousand  feet  from  the  grounds  of  a
    22  public,  parochial or private school, college or university of which the
    23  actor is aware; or
    24    (B) within a distance of one thousand feet from the grounds of a place
    25  of worship of which the actor is aware; or
    26    (C) in a place of business with one or more  employees  of  which  the
    27  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
     1    (D)  within  one  thousand feet of a mass gathering of people of which
     2  the actor is aware and the mass gathering consisted of more  than  twen-
     3  ty-five people.
     4    (b)  for  purposes of subparagraph (xiii) of paragraph (a) of subdivi-
     5  sion one of section 125.27 of this chapter means:  (i)  activities  that
     6  involve  a  violent  act  or  acts  dangerous  to human life that are in
     7  violation of the criminal laws of this state and are intended to:
     8    [(i)] (A) intimidate or coerce a civilian population, the occupants of
     9  a school, college or university, house of worship or business or persons
    10  comprising a mass gathering of more than twenty-five people;
    11    [(ii)] (B) influence the policy of a  unit  of  government  by  intim-
    12  idation or coercion; or
    13    [(iii)]  (C)  affect  the  conduct  of a unit of government by murder,
    14  assassination or kidnapping[.]; or
    15    (ii) the unlawful discharge of a firearm, rifle,  shotgun  or  assault
    16  weapon  with  the  intent  to  cause physical injury or death to another
    17  person, or damage to private or public property:
    18    (A) within a distance of one thousand  feet  from  the  grounds  of  a
    19  public,  parochial or private school, college or university of which the
    20  actor is aware; or
    21    (B) within a distance of one thousand feet from the grounds of a place
    22  of worship of which the actor is aware; or
    23    (C) in a place of business with one or more  employees  of  which  the
    24  actor is aware; or
    25    (D)  within  one  thousand feet of a mass gathering of people of which
    26  the actor is aware and the mass gathering consisted of more  than  twen-
    27  ty-five people.
    28    § 2. Subdivisions 1 and 2 of section 490.20 of the penal law, as added
    29  by chapter 300 of the laws of 2001, are amended to read as follows:
    30    1.  A person is guilty of making a terroristic threat when with intent
    31  to intimidate or coerce  a  civilian  population,  the  occupants  of  a
    32  school,  college  or university, house of worship or business or persons
    33  comprising a mass gathering of more than twenty-five  people,  influence
    34  the  policy  of  a  unit  of  government by intimidation or coercion, or
    35  affect the conduct of a unit of government by murder,  assassination  or
    36  kidnapping,  he  or  she  threatens to commit or cause to be committed a
    37  specified offense or an act of terrorism as defined in subparagraph (ii)
    38  of paragraph (a) of subdivision one of section 490.05  of  this  article
    39  and  thereby  causes  a  reasonable  expectation or fear of the imminent
    40  commission of such offense or act.
    41    2. It shall be no defense to a prosecution pursuant  to  this  section
    42  that  the  defendant did not have the intent or capability of committing
    43  the act of terrorism or specified offense or that  the  threat  was  not
    44  made to a person who was a subject thereof.
    45    §  3.  Section 490.25 of the penal law, as added by chapter 300 of the
    46  laws of 2001, is amended to read as follows:
    47  § 490.25 Crime of terrorism.
    48    1. A person is guilty of a crime of terrorism  when,  with  intent  to
    49  intimidate  or  coerce a civilian population, the occupants of a school,
    50  college or university, house of worship or business or persons  compris-
    51  ing  a  mass  gathering  of  more than twenty-five people, influence the
    52  policy of a unit of government by intimidation or  coercion,  or  affect
    53  the  conduct of a unit of government by murder, assassination or kidnap-
    54  ping, he or she commits a specified offense or an act  of  terrorism  as
    55  defined  in  subparagraph  (ii)  of  paragraph (a) of subdivision one of
    56  section 490.05 of this article.

        S. 8261                             3
     1    2. Sentencing.  (a) When a person is convicted of a crime of terrorism
     2  pursuant to this section, and the specified offense is a class B,  C,  D
     3  or  E  felony  offense, the crime of terrorism shall be deemed a violent
     4  felony offense.
     5    (b)  When  a  person  is convicted of a crime of terrorism pursuant to
     6  this section, based upon an act of terrorism as defined in  subparagraph
     7  (ii) of paragraph (a) of subdivision 1 of section 490.05 of this article
     8  that  involved  the  unlawful  discharge of a firearm, rifle, shotgun or
     9  assault weapon with the intent to damage private or public property, the
    10  crime of terrorism shall be deemed a class D non-felony  violent  felony
    11  offense.
    12    (c)  When  a  person  is convicted of a crime of terrorism pursuant to
    13  this section, based upon an act of terrorism as defined in  subparagraph
    14  (ii) of paragraph (a) of subdivision one of section 490.05 of this arti-
    15  cle that involved the unlawful discharge of a firearm, rifle, shotgun or
    16  assault  weapon  with  the  intent  to cause physical injury or death to
    17  another person, the crime of terrorism shall be deemed a class C violent
    18  felony offense.
    19    (d) When a person is convicted of a crime  of  terrorism  pursuant  to
    20  this  section,  and  the  specified  offense is a class C, D or E felony
    21  offense, the crime of terrorism shall be deemed to be one category high-
    22  er than the specified offense the defendant committed, or  one  category
    23  higher  than  the offense level applicable to the defendant's conviction
    24  for an attempt or conspiracy to commit the offense, whichever is  appli-
    25  cable.
    26    [(c)]  (e) When a person is convicted of a crime of terrorism pursuant
    27  to this section, and the specified offense is a class B felony  offense,
    28  the  crime  of  terrorism shall be deemed a class A-I felony offense and
    29  the sentence imposed upon conviction of such offense shall be in accord-
    30  ance with section 70.00 of this chapter.
    31    [(d)] (f) Notwithstanding any other provision of law, when a person is
    32  convicted of a crime of terrorism pursuant  to  this  section,  and  the
    33  specified  offense  is  a  class  A-I  felony offense, the sentence upon
    34  conviction of such offense shall be life  imprisonment  without  parole;
    35  provided,  however,  that  nothing  herein  shall  preclude or prevent a
    36  sentence of death when the specified offense  is  murder  in  the  first
    37  degree as defined in section 125.27 of this chapter.
    38    §  4.  Section 490.30 of the penal law, as added by chapter 300 of the
    39  laws of 2001, is amended to read as follows:
    40  § 490.30 Hindering prosecution of terrorism in the second degree.
    41    1. A person is guilty of hindering prosecution  of  terrorism  in  the
    42  second degree when he or she renders criminal assistance to a person who
    43  has committed an act of terrorism, knowing or believing that such person
    44  engaged in conduct constituting an act of terrorism.
    45    2.  Sentencing.    (a)  When a person is convicted of hindering prose-
    46  cution of terrorism in the second degree and the person to  whom  he  or
    47  she  rendered  criminal  assistance  committed  an act of terrorism that
    48  involved the commission of a specified offense, the crime  of  hindering
    49  prosecution  of  terrorism  in the second degree shall be deemed to be a
    50  non-violent felony  offense  of  the  same  category  as  the  specified
    51  offense.
    52    (b)  When  a person is convicted of hindering prosecution of terrorism
    53  in the second degree and the person to whom he or she rendered  criminal
    54  assistance  committed  an  act  of  terrorism that involved the unlawful
    55  discharge of a firearm, rifle, shotgun or assault weapon with the intent
    56  to cause physical injury or death to another person that did not consti-

        S. 8261                             4
     1  tute a specified offense, the crime of hindering prosecution of  terror-
     2  ism  in  the  second  degree shall be deemed to be a class D non-violent
     3  felony offense.
     4    (c)  When  a person is convicted of hindering prosecution of terrorism
     5  in the second degree and the person to whom he or she rendered  criminal
     6  assistance  committed  an  act  of  terrorism that involved the unlawful
     7  discharge of a firearm, rifle, shotgun or assault weapon with the intent
     8  to damage private or public property that did not constitute a specified
     9  offense, the crime of hindering prosecution of terrorism shall be deemed
    10  to be a class E non-violent felony offense.
    11    Hindering prosecution of terrorism in the second degree is a  class  C
    12  felony.
    13    §  5.  Subparagraph  (i)  of paragraph (b) of subdivision 1 of section
    14  490.40 of the penal law, as added by section 9 of part A of chapter 1 of
    15  the laws of 2004, is amended to read as follows:
    16    (i) intimidate or coerce a civilian population,  the  occupants  of  a
    17  school,  college  or university, house of worship or business or persons
    18  comprising a mass gathering of more than twenty-five people;
    19    § 6. Subparagraph (i) of paragraph (b) of  subdivision  1  of  section
    20  490.45 of the penal law, as added by section 9 of part A of chapter 1 of
    21  the laws of 2004, is amended to read as follows:
    22    (i)  intimidate  or  coerce  a civilian population, the occupants of a
    23  school, college or university, house of worship or business  or  persons
    24  comprising a mass gathering of more than twenty-five people;
    25    §  7.  Paragraph  (a)  of subdivision 2 of section 490.50 of the penal
    26  law, as added by section 9 of part A of chapter 1 of the laws  of  2004,
    27  is amended to read as follows:
    28    (a)  intimidate  or  coerce  a civilian population, the occupants of a
    29  school, college or university, house of worship or business  or  persons
    30  comprising a mass gathering of more than twenty-five people;
    31    §  8.  Subparagraph  (i)  of paragraph (b) of subdivision 1 of section
    32  490.55 of the penal law, as added by section 9 of part A of chapter 1 of
    33  the laws of 2004, is amended to read as follows:
    34    (i) intimidate or coerce a civilian population,  the  occupants  of  a
    35  school,  college  or university, house of worship or business or persons
    36  comprising a mass gathering of more than twenty-five people;
    37    § 9. Subdivision 3 of section 240.00 of the penal  law,  as  added  by
    38  chapter 561 of the laws of 1999, is amended to read as follows:
    39    3.  "School grounds" means in or on or within any building, structure,
    40  school bus as defined in section one hundred forty-two  of  the  vehicle
    41  and  traffic  law,  athletic playing field, playground or land contained
    42  within the real property boundary line of a public [or private elementa-
    43  ry],  parochial[,  intermediate,  junior  high,  vocational]  or  [high]
    44  private school, college or university.
    45    §  10.  Subdivision  5 of section 240.60 of the penal law, as added by
    46  chapter 561 of the laws of 1999, is amended to read as follows:
    47    5. Knowing the information reported,  conveyed  or  circulated  to  be
    48  false  or  baseless and under circumstances in which it is likely public
    49  alarm or inconvenience will result, he or she initiates or circulates  a
    50  report or warning of an alleged occurrence or an impending occurrence of
    51  a  fire,  an explosion, [or] the release of a hazardous substance or the
    52  unlawful discharge of a firearm, rifle, shotgun or assault  weapon  upon
    53  school  grounds  and  it  is  likely  that  persons  are present on said
    54  grounds.
    55    § 11. This act shall  take  effect  on  the  first  of  November  next
    56  succeeding the date on which it shall have become a law.