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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A459
SPONSOR: Rozic TITLE OF BILL:
An act to amend the penal law, in relation to acts of domestic terrorism
SUMMARY OF PROVISIONS:
Section one amends subdivision 1 of § 490.05 of the penal law to expand
the definition of an "act of terrorism." Pursuant to this bill, an act
of terrorism would now include the knowing, unlawful discharge of a
firearm or use of a knife with the intent to cause physical harm or
death to another because of a belief or perception related to the
victims race, color, national origin, ancestry, gender, gender identity
or expression, religion, religious practice, age, disability or sexual
orientation. Damage to private or public property related to such
beliefs or perceptions would also constitute an act of terrorism if the
act was committed:
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
D. within one thousand feet of a mass gathering of more than twenty-five
people
Section two of the bill amends subdivision 1 of § 490.25 of the penal
law to expand on acts which constitute the crime of terrorism. Under
this bill, the crime of terrorism would include instances where a person
commits a specific offense with the intent to affect the conduct of a
school, house of worship, or business, or mass gathering by murder,
assassination or kidnapping.
Section three provides the effective date.
JUSTIFICATION:
Domestic terrorism has been on the rise in recent years including
horrific racist, anti-Semitic, and anti-LGBT shootings in a Black church
in Charleston, a Wal-Mart in El Paso, a synagogue in Pittsburgh, and a
nightclub in Orlando. In New York State, the vicious anti-Semitic mass
stabbing in Monsey in 2019 shows that we are not safe from the rising
tide of hatred engulfing our society. Acts like these terrorize vulner-
able communities, and they should be charged appropriately in New York
State. The common thread connecting the aforementioned incidents is the
hate the assailant had for the group that was targeted. We must send a
message that these egregious acts of domestic terrorism will be-met
swiftly with enhanced penalties.
LEGISLATIVE HISTORY:
2022: A6580 (Rozic) - Codes
2021: A6580 (Rozic) - Codes
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
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.
