Bill Text: NY A00459 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-12-16 - enacting clause stricken [A00459 Detail]

Download: New_York-2023-A00459-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           459

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     January 9, 2023
                                       ___________

        Introduced by M. of A. ROZIC, SEAWRIGHT -- read once and referred to the
          Committee on Codes

        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:

     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;
    12    [(ii)]  (B)  influence  the  policy  of a unit of government by intim-
    13  idation or coercion; or
    14    [(iii)] (C) affect the conduct of a  unit  of  government  by  murder,
    15  assassination or kidnapping; or
    16    (ii)  the  knowing,  unlawful discharge of a firearm or use of a knife
    17  with the intent to cause physical harm or death  to  another  person  or
    18  persons  in  whole or in substantial part because of a belief or percep-
    19  tion regarding the  race,  color,  national  origin,  ancestry,  gender,
    20  gender  identity or expression, religion, religious practice, age, disa-
    21  bility or sexual orientation of such person or  persons,  or  damage  to
    22  private  or  public  property associated in whole or in substantial part
    23  with such beliefs or perceptions:
    24    (A) within a distance of one thousand  feet  from  the  grounds  of  a
    25  public, parochial or private school; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02605-01-3
        A. 459                              2

     1    (B) within a distance of one thousand feet from the grounds of a place
     2  of worship; or
     3    (C) in a place of business with one or more employees; or
     4    (D)  within one thousand feet of a mass gathering of more than twenty-
     5  five people.
     6    (b) for purposes of subparagraph (xiii) of paragraph (a)  of  subdivi-
     7  sion  one  of  section 125.27 of this chapter means: (i) activities that
     8  involve a violent act or acts  dangerous  to  human  life  that  are  in
     9  violation of the criminal laws of this state and are intended to:
    10    [(i)] (A) intimidate or coerce a civilian population;
    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  knowing,  unlawful discharge of a firearm or use of a knife
    16  with the intent to cause physical harm or death  to  another  person  or
    17  persons  in  whole or in substantial part because of a belief or percep-
    18  tion regarding the  race,  color,  national  origin,  ancestry,  gender,
    19  gender  identity or expression, religion, religious practice, age, disa-
    20  bility or sexual orientation of such person or  persons,  or  damage  to
    21  private  or  public  property associated in whole or in substantial part
    22  with such beliefs or perceptions:
    23    (A) within a distance of one thousand  feet  from  the  grounds  of  a
    24  public, parochial or private school; or
    25    (B) within a distance of one thousand feet from the grounds of a place
    26  of worship; or
    27    (C) in a place of business with one or more employees; or
    28    (D)  within one thousand feet of a mass gathering of more than twenty-
    29  five people.
    30    § 2. Subdivision 1 of section 490.25 of the penal  law,  as  added  by
    31  chapter 300 of the laws of 2001, is amended to read as follows:
    32    1.  A  person  is  guilty of a crime of terrorism when, with intent to
    33  intimidate or coerce a civilian population, influence the  policy  of  a
    34  unit of government by intimidation or coercion, or affect the conduct of
    35  a unit of government, school, house of worship or business or mass gath-
    36  ering by murder, assassination or kidnapping, he or she commits a speci-
    37  fied offense.
    38    § 3. This act shall take effect immediately.