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.
