Bill Text: NY A08878 | 2009-2010 | General Assembly | Introduced


Bill Title: Establishes the crimes of computer intrusion in the third degree, computer intrusion in the second degree, computer intrusion in the first degree, aggravated computer intrusion, use of a minor in the commission of a computer offense, and cyberterrorism, repealing certain sections of law related therewith, and making technical corrections; enacts legislation relating to terrorism; including the crimes of agricultural adulteration in the first and second degrees, cyber-terrorism, hazardous use of a laser pointer, structuring in the first and second degrees, criminal facilitation of terrorism and conspiracy to commit terrorism; geographical jurisdiction of offenses, special aircraft jurisdiction of the state; search warrant of a foreign electronic communications service or a foreign remote computing service; liability of providers; roving interceptions.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2010-03-16 - held for consideration in codes [A08878 Detail]

Download: New_York-2009-A08878-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8878
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 12, 2009
                                      ___________
       Introduced  by  M. of A. BALL, WALKER, TOWNSEND, CROUCH -- read once and
         referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to  establishing  definitions
         pertaining to offenses involving computers, establishing the crimes of
         computer  intrusion  in  the  third  degree, computer intrusion in the
         second degree, computer intrusion  in  the  first  degree,  aggravated
         computer  intrusion,  use  of  a minor in the commission of a computer
         offense, and cyberterrorism; to amend the criminal procedure  law,  in
         relation to making certain technical corrections thereto; to amend the
         penal  law,  the  criminal  procedure  law, the civil practice law and
         rules, the tax law and the executive  law,  in  relation  to  acts  of
         terrorism; to repeal certain provisions of the penal law and the crim-
         inal  procedure  law  relating  to  offenses  involving computers; and
         providing for the repeal of certain provisions upon expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Sections  156.00, 156.05, 156.10, 156.20, 156.25, 156.26,
    2  156.27 and 156.50 of the penal law are REPEALED and seven  new  sections
    3  156.00,  156.05,  156.10, 156.20, 156.25, 156.40 and 156.50 are added to
    4  read as follows:
    5  S 156.00 OFFENSES INVOLVING COMPUTERS; DEFINITION OF TERMS.
    6    THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS CHAPTER EXCEPT  WHERE
    7  DIFFERENT MEANINGS ARE EXPRESSLY SPECIFIED:
    8    1.  "COMPUTER"  MEANS  A  DEVICE OR GROUP OF DEVICES WHICH, BY MANIPU-
    9  LATION OF ELECTRONIC, MAGNETIC,  OPTICAL  OR  ELECTROCHEMICAL  IMPULSES,
   10  PURSUANT  TO  A  COMPUTER PROGRAM, CAN AUTOMATICALLY PERFORM ARITHMETIC,
   11  LOGICAL, STORAGE OR RETRIEVAL OPERATIONS WITH OR ON COMPUTER  DATA,  AND
   12  INCLUDES ANY CONNECTED OR DIRECTLY RELATED DEVICE, EQUIPMENT OR FACILITY
   13  WHICH ENABLES SUCH COMPUTER TO STORE, RETRIEVE OR COMMUNICATE TO OR FROM
   14  A  PERSON,  ANOTHER  COMPUTER  OR ANOTHER DEVICE THE RESULTS OF COMPUTER
   15  OPERATIONS, COMPUTER PROGRAMS OR COMPUTER DATA.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11331-03-9
       A. 8878                             2
    1    2. "COMPUTER DATA" IS PROPERTY AND MEANS A REPRESENTATION OF  INFORMA-
    2  TION,  KNOWLEDGE,  FACTS, CONCEPTS OR INSTRUCTIONS WHICH ARE BEING PROC-
    3  ESSED, OR HAVE BEEN PROCESSED IN A COMPUTER AND  MAY  BE  IN  ANY  FORM,
    4  INCLUDING MAGNETIC STORAGE MEDIA, PUNCHED CARDS, OR STORED INTERNALLY IN
    5  THE MEMORY OF THE COMPUTER.
    6    3. "DATA NETWORK" MEANS A COMPUTER SYSTEM THAT PROVIDES COMMUNICATIONS
    7  BETWEEN  ONE  OR  MORE COMPUTER SYSTEMS AND ITS INPUT OR OUTPUT DEVICES,
    8  INCLUDING, BUT NOT LIMITED TO,  DISPLAY  TERMINALS  THAT  ARE  INTERCON-
    9  NECTED.
   10    4.  "COMPUTER  SOFTWARE  OR  COMPUTER  APPLICATION"  MEANS  A  SET  OF
   11  INSTRUCTIONS OR STATEMENTS AND RELATED  DATA  WHICH,  WHEN  EXECUTED  IN
   12  ACTUAL  OR  MODIFIED  FORM,  CAUSE  A COMPUTER, COMPUTER SYSTEM, OR DATA
   13  NETWORK TO PERFORM SPECIFIED FUNCTIONS.
   14    5. "COMPUTER OPERATING SYSTEM" MEANS A COMPUTER PROGRAM THAT  CONTROLS
   15  INTERNAL  AND  EXTERNAL COMPUTER SOFTWARE OR COMPUTER APPLICATIONS, THAT
   16  MAY BE USED TO EXECUTE OTHER COMPUTER PROGRAMS, GENERATE OUTPUT  IN  THE
   17  FORM OF VISUAL, PRINT OR STORAGE MEDIA, OR TO CONTROL PERIPHERAL COMPUT-
   18  ER DEVICES.
   19    6.  "COMPUTER  MATERIAL"  IS  PROPERTY  AND MEANS ANY COMPUTER DATA OR
   20  COMPUTER PROGRAM WHICH:
   21    (A) CONTAINS RECORDS OF THE MEDICAL HISTORY OR MEDICAL TREATMENT OF AN
   22  IDENTIFIED OR READILY IDENTIFIABLE INDIVIDUAL OR INDIVIDUALS. THIS  TERM
   23  SHALL  NOT  APPLY  TO THE GAINING ACCESS TO OR DUPLICATION SOLELY OF THE
   24  MEDICAL HISTORY OR MEDICAL TREATMENT RECORDS OF A PERSON BY THAT  PERSON
   25  OR BY ANOTHER PERSON SPECIFICALLY AUTHORIZED BY THE PERSON WHOSE RECORDS
   26  ARE GAINED ACCESS TO OR DUPLICATED; OR
   27    (B) CONTAINS RECORDS MAINTAINED BY THE STATE OR ANY POLITICAL SUBDIVI-
   28  SION  THEREOF OR ANY GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE WHICH
   29  CONTAINS ANY INFORMATION CONCERNING A  PERSON  WHICH  BECAUSE  OF  NAME,
   30  NUMBER,  SYMBOL,  MARK  OR OTHER IDENTIFIER, CAN BE USED TO IDENTIFY THE
   31  PERSON AND WHICH IS OTHERWISE PROHIBITED BY LAW  FROM  BEING  DISCLOSED.
   32  THIS TERM SHALL NOT APPLY TO THE GAINING ACCESS TO OR DUPLICATION SOLELY
   33  OF  RECORDS OF A PERSON BY THAT PERSON OR BY ANOTHER PERSON SPECIFICALLY
   34  AUTHORIZED BY THE PERSON WHOSE RECORDS ARE GAINED ACCESS  TO  OR  DUPLI-
   35  CATED; OR
   36    (C)  CONTAINS  THE  FINANCIAL INFORMATION OF A PERSON. THIS TERM SHALL
   37  NOT APPLY TO THE GAINING ACCESS TO OR DUPLICATION SOLELY OF RECORDS OF A
   38  PERSON BY THAT PERSON OR BY ANOTHER PERSON  SPECIFICALLY  AUTHORIZED  BY
   39  THE PERSON WHOSE RECORDS ARE GAINED ACCESS TO OR DUPLICATED; OR
   40    (D)  IS  NOT  AND IS NOT INTENDED TO BE AVAILABLE TO ANYONE OTHER THAN
   41  THE PERSON OR PERSONS  RIGHTFULLY  IN  POSSESSION  THEREOF  OR  SELECTED
   42  PERSONS  HAVING  ACCESS THERETO WITH HIS, HER OR THEIR CONSENT AND WHICH
   43  ACCORDS OR MAY ACCORD SUCH RIGHTFUL POSSESSORS AN ADVANTAGE OVER COMPET-
   44  ITORS OR OTHER PERSONS WHO DO NOT HAVE KNOWLEDGE OR THE BENEFIT THEREOF.
   45    7. "COMPUTER EXPLOIT" MEANS A COMPUTER  PROGRAM  OR  SET  OF  COMPUTER
   46  INSTRUCTIONS  DESIGNED  TO  MODIFY,  DAMAGE, DESTROY, RECORD OR TRANSMIT
   47  INFORMATION WITHIN A COMPUTER, COMPUTER SYSTEM OR DATA  NETWORK  WITHOUT
   48  THE  INTENT  OR  PERMISSION  OF  THE  OWNER OF THE INFORMATION OR OF THE
   49  COMPUTER, COMPUTER SYSTEM OR DATA NETWORK. THIS  INCLUDES,  BUT  IS  NOT
   50  LIMITED  TO, INTRUSIONS KNOWN AS MALICIOUS CODES, VIRUSES OR WORMS WHICH
   51  MAY BE SELF-REPLICATING OR SELF-PROPAGATING AND WHICH  ARE  DESIGNED  TO
   52  CONTAMINATE  OTHER COMPUTERS, COMPUTER APPLICATIONS, COMPUTER SYSTEMS OR
   53  COMPUTER DATA NETWORKS; CONSUME  COMPUTER  RESOURCES;  MODIFY,  DESTROY,
   54  RECORD,  OR  TRANSMIT  DATA;  OR  IN SOME OTHER FASHION USURP THE NORMAL
   55  OPERATION OF THE COMPUTER, COMPUTER  APPLICATION,  COMPUTER  SYSTEM,  OR
   56  DATA NETWORK.
       A. 8878                             3
    1    8.  "COMPUTER  SYSTEM"  MEANS  A GROUP OF ONE OR MORE COMPUTERS LINKED
    2  TOGETHER WITH THE ABILITY TO SHARE INFORMATION AND RESOURCES.
    3    9.  "COMPUTER  PROGRAM"  IS  PROPERTY AND MEANS AN ORDERED SET OF DATA
    4  REPRESENTING CODED INSTRUCTIONS OR STATEMENTS THAT, WHEN EXECUTED  BY  A
    5  COMPUTER,  CAUSES THE COMPUTER TO PROCESS DATA OR DIRECT THE COMPUTER TO
    6  PERFORM ONE OR MORE COMPUTER OPERATIONS OR BOTH AND MAY BE IN ANY FORM.
    7    10. "COMPUTER SERVICE" MEANS ANY  AND  ALL  SERVICES  PROVIDED  BY  OR
    8  THROUGH  THE  FACILITIES  OF  ANY COMPUTER, DATA NETWORK, APPLICATION OR
    9  OPERATING SYSTEM ALLOWING THE INPUT, OUTPUT, EXAMINATION,  OR  TRANSFER,
   10  OF COMPUTER DATA OR COMPUTER PROGRAM FROM ONE COMPUTER TO ANOTHER.
   11    11.  "PERIPHERAL COMPUTER DEVICE" MEANS A DEVICE DIRECTLY CONNECTED TO
   12  A COMPUTER OR INDIRECTLY THROUGH A DATA NETWORK.
   13    12. "PATCH" MEANS A SOFTWARE OR APPLICATION UPDATE DISTRIBUTED BY  THE
   14  COMPUTER  SOFTWARE  MAKER  DESIGNED  TO  FIX A VULNERABILITY IN COMPUTER
   15  SOFTWARE OR COMPUTER APPLICATION.
   16  S 156.05 COMPUTER INTRUSION IN THE THIRD DEGREE.
   17    A PERSON IS GUILTY OF COMPUTER INTRUSION IN THE THIRD DEGREE  WHEN  HE
   18  OR SHE DIRECTLY OR INDIRECTLY:
   19    1.  WILLFULLY, KNOWINGLY AND WITHOUT AUTHORIZATION MODIFIES, DESTROYS,
   20  ACCESSES OR DISCLOSES APPLICATIONS OR SUPPORTING DOCUMENTATION  RESIDING
   21  OR EXISTING INTERNALLY OR EXTERNALLY TO A COMPUTER OR COMPUTER SYSTEM OR
   22  DATA NETWORK; OR
   23    2.  WILLFULLY, KNOWINGLY AND WITHOUT AUTHORIZATION INSTALLS A COMPUTER
   24  APPLICATION OR SOFTWARE; OR
   25    3. WILLFULLY, KNOWINGLY AND WITHOUT AUTHORIZATION, DIRECTLY  OR  INDI-
   26  RECTLY,  USES  A  COMPUTER,  COMPUTER  OPERATING SYSTEM, DATA NETWORK OR
   27  PERIPHERAL COMPUTER DEVICE CONNECTED THROUGH A DATA NETWORK; OR
   28    4. WILLFULLY AND KNOWINGLY COMMITS A DENIAL OF SERVICE  ATTACK.    FOR
   29  THE  PURPOSES OF THIS SECTION, "DENIAL OF SERVICE ATTACK" MEANS PREVENT-
   30  ING AUTHORIZED ACCESS TO COMPUTER RESOURCES OR  DELAYING  TIME  CRITICAL
   31  COMPUTER  OPERATIONS  BY  INUNDATING  OR  OTHERWISE  OVERLOADING  A DATA
   32  NETWORK, OR ATTEMPTING TO INUNDATE  OR  OTHERWISE  OVERLOAD  A  COMPUTER
   33  SERVICE.
   34    COMPUTER INTRUSION IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
   35  S 156.10 COMPUTER INTRUSION IN THE SECOND DEGREE.
   36    A  PERSON IS GUILTY OF COMPUTER INTRUSION IN THE SECOND DEGREE WHEN HE
   37  OR SHE COMMITS COMPUTER INTRUSION IN THE THIRD DEGREE AND:
   38    1. HE OR SHE HAS PREVIOUSLY BEEN CONVICTED OF  ANY  CRIME  UNDER  THIS
   39  ARTICLE; OR
   40    2.  HE  OR  SHE  INTENTIONALLY AND WITHOUT AUTHORIZATION ALTERS IN ANY
   41  MANNER OR DESTROYS COMPUTER MATERIAL, AS DEFINED IN  SECTION  156.00  OF
   42  THIS ARTICLE; OR
   43    3.  HE OR SHE DOES SO WITH THE INTENT TO COMMIT OR FURTHER THE COMMIS-
   44  SION OF ANY FELONY; OR
   45    4. HE OR SHE CAUSES DAMAGES AS A RESULT OF THE COMPUTER  INTRUSION  IN
   46  AN AGGREGATE AMOUNT EXCEEDING TWENTY-FIVE HUNDRED DOLLARS.
   47    COMPUTER INTRUSION IN THE SECOND DEGREE IS A CLASS E FELONY.
   48  S 156.20 COMPUTER INTRUSION IN THE FIRST DEGREE.
   49    A  PERSON  IS GUILTY OF COMPUTER INTRUSION IN THE FIRST DEGREE WHEN HE
   50  OR SHE COMMITS THE CRIME OF COMPUTER INTRUSION IN THE THIRD DEGREE SO AS
   51  TO CAUSE DAMAGES AS A RESULT OF THE COMPUTER INTRUSION IN  AN  AGGREGATE
   52  AMOUNT EXCEEDING TEN THOUSAND DOLLARS.
   53    COMPUTER INTRUSION IN THE FIRST DEGREE IS A CLASS D FELONY.
   54  S 156.25 AGGRAVATED COMPUTER INTRUSION.
       A. 8878                             4
    1    A  PERSON  IS  GUILTY  OF AGGRAVATED COMPUTER INTRUSION WHEN HE OR SHE
    2  COMMITS THE CRIME OF COMPUTER INTRUSION  IN  THE  THIRD  DEGREE  AND  IN
    3  FURTHERANCE OF SUCH CRIME HE OR SHE:
    4    1.  ENCRYPTS  A COMPUTER EXPLOIT OR DELETERIOUS SET OF INSTRUCTIONS IN
    5  AN IMAGE OR COMPUTER FILE; OR
    6    2. DEVELOPS A COMPUTER EXPLOIT THAT MODIFIES  THE  COMPUTER,  COMPUTER
    7  SYSTEM,  OR  COMPUTER OPERATING SYSTEM SO THAT A COMPUTER USER IS UNABLE
    8  TO REPAIR THE MODIFICATION; OR
    9    3. DEVELOPS A COMPUTER EXPLOIT THAT USES A PATCH DEVELOPED BY A  SOFT-
   10  WARE  COMPANY  TO  TARGET A COMPUTER, COMPUTER SYSTEM, COMPUTER PROGRAM,
   11  DATA NETWORK, COMPUTER SERVICE OR COMPUTER OPERATING  SYSTEM  TO  TARGET
   12  AND EXPLOIT A VULNERABILITY IN THE COMPUTER OPERATING SYSTEM OR COMPUTER
   13  PROGRAM.
   14    AGGRAVATED COMPUTER INTRUSION IS A CLASS E FELONY.
   15  S 156.40 USE OF A MINOR IN THE COMMISSION OF A COMPUTER OFFENSE.
   16    A  PERSON  IS GUILTY OF USE OF A MINOR IN THE COMMISSION OF A COMPUTER
   17  OFFENSE WHEN, BEING EIGHTEEN YEARS OF AGE OR OLDER, HE  OR  SHE  USES  A
   18  CHILD  UNDER  THE  AGE  OF  EIGHTEEN TO EFFECTUATE THE COMMISSION OF ANY
   19  COMPUTER OFFENSE UNDER THIS ARTICLE BY:
   20    1. INFLUENCING OR COERCING THE CHILD TO COMMIT THE  COMPUTER  OFFENSE;
   21  OR
   22    2.  INTENTIONALLY OR WILLFULLY SUPPLIES THE CHILD WITH THE INFORMATION
   23  NECESSARY TO COMMIT THE COMPUTER OFFENSE WITH  THE  KNOWLEDGE  THAT  THE
   24  CHILD INTENDS TO COMMIT A COMPUTER OFFENSE.
   25    USE  OF  A  MINOR IN THE COMMISSION OF A COMPUTER OFFENSE IS A CLASS E
   26  FELONY.
   27  S 156.50 OFFENSES INVOLVING COMPUTERS; DEFENSES.
   28    UNDER SECTIONS 156.05, 156.10, 156.20,  156.25,  AND  156.40  OF  THIS
   29  ARTICLE  IT  SHALL BE A DEFENSE THAT THE DEFENDANT WAS AUTHORIZED TO USE
   30  THE COMPUTER PURSUANT TO A SERVICE AGREEMENT AND WHERE SUCH  USE  ORIGI-
   31  NATED FROM A SERVICE LOCATION WITHIN THE UNITED STATES OR CANADA.
   32    S 2. Section 490.05 of the penal law is amended by adding a new subdi-
   33  vision 18 to read as follows:
   34    18.  "ACT  OF  CYBERTERRORISM"  MEANS  THE  USE OF COMPUTING RESOURCES
   35  INCLUDING BUT NOT LIMITED TO COMPUTERS, COMPUTER SYSTEMS, DATA NETWORKS,
   36  COMPUTER SOFTWARE, COMPUTER APPLICATIONS AND COMPUTER OPERATING  SYSTEMS
   37  AS  SUCH  TERMS  ARE  DEFINED IN SECTION 156.00 OF THIS CHAPTER, AGAINST
   38  PERSONS OR PROPERTY TO INTIMIDATE OR  COERCE  A  GOVERNMENT,  THE  POPU-
   39  LATION,  OR  ANY  SEGMENT THEREOF, IN FURTHERANCE OF POLITICAL OR SOCIAL
   40  OBJECTIVES.
   41    S 3. The penal law is amended by adding a new section 490.28  to  read
   42  as follows:
   43  S 490.28 CYBERTERRORISM.
   44    A  PERSON  IS GUILTY OF CYBERTERRORISM WHEN, WITH THE INTENT TO INTIM-
   45  IDATE A CIVILIAN POPULATION, INFLUENCE THE POLICY OF A UNIT  OF  GOVERN-
   46  MENT  BY  INTIMIDATION  OR  COERCION, OR AFFECT THE CONDUCT OF A UNIT OF
   47  GOVERNMENT, HE OR SHE COMMITS ANY OF THE CRIMES CONTAINED WITHIN ARTICLE
   48  ONE HUNDRED FIFTY-SIX OF THIS CHAPTER  DIRECTED  AGAINST  ANY  COMPUTER,
   49  COMPUTER  SYSTEM  OR DATA NETWORK OWNED OR OPERATED BY A LOCAL, STATE OR
   50  FEDERAL GOVERNMENT ENTITY, ANY UTILITY INCLUDING BUT NOT LIMITED TO, ANY
   51  ELECTRIC OR WATER UTILITY, OR A FINANCIAL INSTITUTION.
   52    CYBERTERRORISM IS A CLASS B FELONY.
   53    S 4. Paragraphs (j) and (k) of subdivision 1 of section 240.20 of  the
   54  criminal  procedure  law,  paragraph  (j) as added by chapter 514 of the
   55  laws of 1986 and paragraph (k) as added by chapter 536 of  the  laws  of
   56  1989, are amended to read as follows:
       A. 8878                             5
    1    (j)  In [any prosecution under penal law section 156.05 or 156.10, the
    2  time, place and manner of notice given pursuant to  subdivision  six  of
    3  section 156.00 of such law.
    4    (k) in] any prosecution commenced in a manner set forth in this subdi-
    5  vision  alleging a violation of the vehicle and traffic law, in addition
    6  to any material required to be disclosed pursuant to this  article,  any
    7  other  provision  of  law,  or  the constitution of this state or of the
    8  United States, any written  report  or  document,  or  portion  thereof,
    9  concerning  a  physical  examination,  a  scientific test or experiment,
   10  including the most recent record of inspection, or calibration or repair
   11  of machines or instruments utilized to perform such scientific tests  or
   12  experiments and the certification certificate, if any, held by the oper-
   13  ator of the machine or instrument, which tests or examinations were made
   14  by  or  at  the  request or direction of a public servant engaged in law
   15  enforcement activity or which was made by a person whom  the  prosecutor
   16  intends  to  call  as  a witness at trial, or which the people intend to
   17  introduce at trial.
   18    S 5. Section 250.30 of the criminal procedure law is REPEALED.
   19    S 6. Title P of the penal law is amended by adding a new  article  280
   20  to read as follows:
   21                                 ARTICLE 280
   22                       OFFENSES RELATED TO AGRICULTURE
   23  SECTION 280.00 DEFINITIONS.
   24          280.05 AGRICULTURAL ADULTERATION IN THE SECOND DEGREE.
   25          280.10 AGRICULTURAL ADULTERATION IN THE FIRST DEGREE.
   26          280.15 LIMITATIONS OF APPLICATION.
   27  S 280.00 DEFINITIONS.
   28    THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
   29    1. "CROPS" MEANS CORN, WHEAT, OATS, RYE, BARLEY, HAY, POTATOES AND DRY
   30  BEANS.
   31    2.  "FARM PRODUCT" MEANS ANY AGRICULTURAL, HORTICULTURAL, FLORICULTUR-
   32  AL, OR VEGETABLE OR FRUIT PRODUCTS OF THE  SOIL,  AQUACULTURE  PRODUCTS,
   33  LIVESTOCK  OR  MEAT,  DAIRY  PRODUCTS, POULTRY, EGGS, MILK, HONEY, MAPLE
   34  TREE SAP AND MAPLE PRODUCTS PRODUCED THEREFROM, WOOL, HIDES, HAY,  STRAW
   35  AND GRAINS.
   36    3.  "FOOD"  AND  "FOOD  PRODUCTS"  MEANS  ALL ARTICLES OF FOOD, DRINK,
   37  CONFECTIONERY OR CONDIMENT, WHETHER SIMPLE, MIXED OR COMPOUND,  USED  OR
   38  INTENDED  FOR  USE  BY  MAN  OR  ANIMALS,  AND  SHALL  ALSO  INCLUDE ALL
   39  SUBSTANCES OR INGREDIENTS TO BE ADDED TO FOOD FOR ANY PURPOSE.
   40    4. "LIVESTOCK" MEANS CATTLE,  SHEEP,  HOGS,  GOATS,  HORSES,  POULTRY,
   41  RATITES  (SUCH AS OSTRICHES, EMUS, RHEAS AND KIWIS), FARMED DEER, FARMED
   42  BUFFALO, AND FUR BEARING ANIMALS.
   43    5. "PLANTS" MEANS TREES, SHRUBS, VINES, ANNUALS,  BIENNIALS,  PERENNI-
   44  ALS,  VEGETABLES, FORAGE AND CEREAL PLANTS AND ALL OTHER PLANT CUTTINGS,
   45  GRAFTS, SCIONS, BUDS, AND OTHER PARTS OF PLANTS AND  FRUIT,  VEGETABLES,
   46  ROOTS, BULBS, SEEDS, WOOD AND LUMBER.
   47  S 280.05 AGRICULTURAL ADULTERATION IN THE SECOND DEGREE.
   48    A  PERSON  IS GUILTY OF AGRICULTURAL ADULTERATION IN THE SECOND DEGREE
   49  WHEN HE OR SHE:
   50    1. INTENTIONALLY DESIGNS, MANUFACTURES OR ALTERS GENETIC  MATERIAL  TO
   51  CREATE  A BIOLOGICAL AGENT OR TOXIN WITH THE INTENT TO DESTROY A FOOD OR
   52  FARM PRODUCT OR TO RENDER A FOOD OR FARM PRODUCT  OTHERWISE  UNDESIRABLE
   53  FOR ITS CUSTOMARY USE; OR
   54    2.  INTENTIONALLY DESIGNS, DEVELOPS OR UTILIZES A PROCESS OR PROCESSES
   55  TO GENETICALLY ALTER ANY PLANT USED FOR HUMAN OR  LIVESTOCK  CONSUMPTION
       A. 8878                             6
    1  WITH  THE  INTENT TO RENDER SUCH PLANT TOXIC OR UNFIT FOR HUMAN OR LIVE-
    2  STOCK CONSUMPTION.
    3    AGRICULTURAL ADULTERATION IN THE SECOND DEGREE IS A CLASS D FELONY.
    4  S 280.10 AGRICULTURAL ADULTERATION IN THE FIRST DEGREE.
    5    A  PERSON  IS  GUILTY OF AGRICULTURAL ADULTERATION IN THE FIRST DEGREE
    6  WHEN HE OR SHE:
    7    1. INTENTIONALLY INTRODUCES A  BIOLOGICAL  ORGANISM,  TOXIN  OR  TOXIC
    8  CHEMICAL  WITH  THE  INTENTION OF CAUSING HARM TO OR DISEASE OR DEATH OF
    9  LIVESTOCK, OR RENDERING THE PRODUCTS OF SUCH LIVESTOCK UNFIT  FOR  HUMAN
   10  CONSUMPTION;
   11    2.  INTENTIONALLY  CONTAMINATES,  ADULTERATES,  DEFILES,  CORRUPTS  OR
   12  ALTERS A FOOD OR FARM PRODUCT WITH THE INTENT TO INJURE, SICKEN OR  KILL
   13  PERSONS OR LIVESTOCK; OR
   14    3. INTENTIONALLY INTRODUCES ANY BIOLOGICAL ORGANISM TO PLANTS OR CROPS
   15  WITH  THE INTENT TO RENDER SUCH PLANTS OR CROPS TOXIC OR OTHERWISE UNFIT
   16  FOR HUMAN OR LIVESTOCK CONSUMPTION, OR UNDESIRABLE FOR  THEIR  CUSTOMARY
   17  USE,  OR  TO CAUSE THE LAND UPON WHICH SUCH PLANTS OR CROPS ARE PRODUCED
   18  TO BE UNSUITABLE FOR FURTHER AGRICULTURAL USE OR PRODUCTION.
   19    AGRICULTURAL ADULTERATION IN THE FIRST DEGREE IS A CLASS C FELONY.
   20  S 280.15 LIMITATIONS OF APPLICATION.
   21    THIS ARTICLE DOES NOT  APPLY  TO  ANY  PROPERLY  CONDUCTED  SCIENTIFIC
   22  TESTS,  EXPERIMENTS,  INVESTIGATIONS  OR OTHER LAWFUL ACTIVITY INVOLVING
   23  THE USE OF CROPS, FARM  PRODUCTS,  FOOD,  FOOD  PRODUCTS,  LIVESTOCK  OR
   24  PLANTS,  AS  DEFINED  IN  THIS ARTICLE, PERFORMED FOR ONE OR MORE OF THE
   25  FOLLOWING PURPOSES:
   26    1. ANY PURPOSE SPECIFICALLY PERMITTED BY LAW;
   27    2. ANY  PEACEFUL  PURPOSE  RELATED  TO  AN  INDUSTRIAL,  AGRICULTURAL,
   28  RESEARCH,  MEDICAL,  OR PHARMACEUTICAL ACTIVITY OR OTHER PEACEFUL ACTIV-
   29  ITY;
   30    3. ANY PURPOSE DIRECTLY RELATED TO PROTECTION AGAINST TOXIC  CHEMICALS
   31  AND TO PROTECTION AGAINST CHEMICAL WEAPONS;
   32    4.  ANY  MILITARY  PURPOSE  OF THE UNITED STATES THAT IS NOT CONNECTED
   33  WITH THE USE OF A CHEMICAL WEAPON OR THAT IS NOT DEPENDENT ON THE USE OF
   34  THE TOXIC OR POISONOUS PROPERTIES OF THE CHEMICAL WEAPON TO CAUSE  DEATH
   35  OR OTHER HARM; AND
   36    5.  ANY  LAW  ENFORCEMENT PURPOSE, INCLUDING ANY DOMESTIC RIOT CONTROL
   37  PURPOSE AND INCLUDING IMPOSITION OF CAPITAL PUNISHMENT.
   38    S 7. Section 190.26 of the penal law is amended by adding a new subdi-
   39  vision 4 to read as follows:
   40    4. WHEN UPON AN AIRCRAFT OR IN AN AIRPORT, PRETENDS TO BE A PILOT OR A
   41  MEMBER OF AN AVIATION FLIGHT OR  GROUND  CREW,  OR  WEARS,  DISPLAYS  OR
   42  POSSESSES  WITHOUT  AUTHORITY, ANY UNIFORM, BADGE, INSIGNIA, IDENTIFICA-
   43  TION OR FACSIMILE THEREOF BY WHICH SUCH PILOT,  FLIGHT  OR  GROUND  CREW
   44  MEMBER  IS  DISTINGUISHED,  OR  FALSELY EXPRESSES BY HIS OR HER WORDS OR
   45  ACTIONS THAT HE OR SHE IS A PILOT OR FLIGHT OR GROUND CREW MEMBER OR  IS
   46  ACTING WITH THE APPROVAL OR AUTHORITY OF ANY AIRLINE, AIRPORT, TRANSPOR-
   47  TATION AUTHORITY OR AVIATION REGULATORY AGENCY.
   48    S  8.  Paragraph  (a)  of subdivision 1 of section 460.10 of the penal
   49  law, as amended by section 30 of part AAA of chapter 56 of the  laws  of
   50  2009, is amended to read as follows:
   51    (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
   52  120.10 and 120.11 relating to assault; sections 125.10 to 125.27  relat-
   53  ing  to  homicide;  sections 130.25, 130.30 and 130.35 relating to rape;
   54  sections 135.20 and 135.25 relating to kidnapping; section 135.35 relat-
   55  ing to labor trafficking; section 135.65 relating to coercion;  sections
   56  140.20,  140.25 and 140.30 relating to burglary; sections 145.05, 145.10
       A. 8878                             7
    1  and 145.12 relating to criminal  mischief;  article  one  hundred  fifty
    2  relating  to  arson; sections 155.30, 155.35, 155.40 and 155.42 relating
    3  to grand larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to
    4  health  care  fraud;  article  one  hundred  sixty  relating to robbery;
    5  sections  165.45,  165.50,  165.52  and  165.54  relating  to   criminal
    6  possession  of  stolen  property; sections 165.72 and 165.73 relating to
    7  trademark  counterfeiting;  sections  170.10,  170.15,  170.25,  170.30,
    8  170.40,  170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
    9  175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
   10  176.20, 176.25 and 176.30 relating to insurance fraud;  sections  178.20
   11  and  178.25  relating  to criminal diversion of prescription medications
   12  and prescriptions; sections  180.03,  180.08,  180.15,  180.25,  180.40,
   13  180.45,  200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
   14  200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery;  sections
   15  187.10,  187.15,  187.20  and  187.25  relating  to residential mortgage
   16  fraud, sections 190.40 and 190.42 relating to  criminal  usury;  section
   17  190.65 relating to schemes to defraud; sections 205.60 and 205.65 relat-
   18  ing to hindering prosecution; sections 210.10, 210.15, and 215.51 relat-
   19  ing  to  perjury and contempt; section 215.40 relating to tampering with
   20  physical evidence; sections  220.06,  220.09,  220.16,  220.18,  220.21,
   21  220.31,  220.34,  220.39,  220.41,  220.43,  220.46,  220.55, 220.60 and
   22  220.77 relating to controlled substances;  sections  225.10  and  225.20
   23  relating  to  gambling;  sections 230.25, 230.30, and 230.32 relating to
   24  promoting prostitution; section  230.34  relating  to  sex  trafficking;
   25  sections  235.06,  235.07,  235.21  and  235.22  relating  to obscenity;
   26  sections 263.10 and 263.15 relating to promoting a sexual performance by
   27  a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
   28  provisions of section 265.10  which  constitute  a  felony  relating  to
   29  firearms  and  other  dangerous  weapons; and sections 265.14 and 265.16
   30  relating to criminal sale of a firearm; [and]  section  275.10,  275.20,
   31  275.30,  or  275.40  relating to unauthorized recordings; [and] sections
   32  470.05, 470.10, 470.15 and 470.20 relating to money laundering; SECTIONS
   33  470.21, 470.22, 470.23  AND  470.24  RELATING  TO  MONEY  LAUNDERING  IN
   34  SUPPORT  OF  TERRORISM; SECTIONS 470.30 AND 470.35 RELATING TO STRUCTUR-
   35  ING; AND ARTICLE FOUR HUNDRED NINETY RELATING TO TERRORISM; or
   36    S 9. Subdivision 1 of section 470.25 of the penal law, as  amended  by
   37  chapter 489 of the laws of 2000, is amended to read as follows:
   38    1.  Any  person  convicted  of  a violation of section 470.05, 470.10,
   39  470.15, [or] 470.20, 470.21, 470.22, 470.23 OR 470.24  of  this  article
   40  may  be  sentenced to pay a fine not in excess of two times the value of
   41  the monetary instruments which are the proceeds  of  specified  criminal
   42  activity. When a fine is imposed pursuant to this subdivision, the court
   43  shall  make  a  finding  as  to the value of such monetary instrument or
   44  instruments. If the record  does  not  contain  sufficient  evidence  to
   45  support  such  a finding the court may conduct a hearing upon the issue.
   46  In imposing a fine, the court shall  consider  the  seriousness  of  the
   47  conduct,  whether  the  amount  of  the  fine is disproportionate to the
   48  conduct in which he engaged, its impact  on  victims,  as  well  as  the
   49  economic  circumstances of the convicted person, including the effect of
   50  the imposition of such a fine upon his immediate family.
   51    S 10. Section 470.00 of the penal law  is  amended  by  adding  a  new
   52  subdivision 11 to read as follows:
   53    11. "STRUCTURING" MEANS, FOR PURPOSES OF SECTIONS 470.30 AND 470.35 OF
   54  THIS  ARTICLE,  A PERSON STRUCTURES A TRANSACTION IF THAT PERSON, ACTING
   55  ALONE, OR IN CONJUNCTION WITH, OR ON BEHALF OF, OTHER PERSONS,  CONDUCTS
   56  OR  ATTEMPTS  TO  CONDUCT  ONE  OR MORE TRANSACTIONS IN CURRENCY, IN ANY
       A. 8878                             8
    1  AMOUNT, WITH ONE OR MORE FINANCIAL INSTITUTIONS, OR  WITH  ONE  OR  MORE
    2  TRADES  OR BUSINESSES, ON ONE OR MORE DAYS, IN ANY MANNER, IN SUCH A WAY
    3  AS TO EVADE THE REPORTING REQUIREMENTS UNDER  TITLE  31  OF  THE  UNITED
    4  STATES CODE. "IN ANY MANNER" INCLUDES, BUT IS NOT LIMITED TO, THE BREAK-
    5  ING DOWN OF A SINGLE SUM OF CURRENCY EXCEEDING TEN THOUSAND DOLLARS INTO
    6  SMALLER  SUMS,  INCLUDING  SUMS AT OR BELOW TEN THOUSAND DOLLARS, OR THE
    7  CONDUCT OF A TRANSACTION, OR SERIES OF CURRENCY TRANSACTIONS,  INCLUDING
    8  TRANSACTIONS AT OR BELOW TEN THOUSAND DOLLARS.  THE TRANSACTION OR TRAN-
    9  SACTIONS  NEED NOT EXCEED THE TEN THOUSAND DOLLAR REPORTING THRESHOLD AT
   10  ANY SINGLE FINANCIAL INSTITUTION OR AT ANY SINGLE TRADE OR BUSINESS,  ON
   11  ANY  SINGLE DAY IN ORDER TO CONSTITUTE STRUCTURING WITHIN THE MEANING OF
   12  THIS DEFINITION.
   13    S 11. The penal law is amended by adding two new sections  470.30  and
   14  470.35 to read as follows:
   15  S 470.30 STRUCTURING IN THE SECOND DEGREE.
   16    A PERSON IS GUILTY OF STRUCTURING IN THE SECOND DEGREE WHEN HE OR SHE:
   17    1.  CAUSES  OR ATTEMPTS TO CAUSE A FINANCIAL INSTITUTION NOT TO FILE A
   18  WRITTEN REPORT PURSUANT TO SUBCHAPTER II  OF  TITLE  31  OF  THE  UNITED
   19  STATES CODE OR ANY REGULATION PRESCRIBED THEREUNDER; OR
   20    2. CAUSES OR ATTEMPTS TO CAUSE A FINANCIAL INSTITUTION TO FILE A WRIT-
   21  TEN  REPORT  REQUIRED  BY SUBCHAPTER II OF TITLE 31 OF THE UNITED STATES
   22  CODE OR ANY REGULATION PRESCRIBED THEREUNDER THAT  CONTAINS  A  MATERIAL
   23  OMISSION OR MISSTATEMENT OF FACT; OR
   24    3.  STRUCTURES  OR ASSISTS IN STRUCTURING, OR ATTEMPTS TO STRUCTURE OR
   25  ASSIST IN STRUCTURING, ANY TRANSACTION FOR  THE  PURPOSE  OF  EVADING  A
   26  REPORTING  REQUIREMENT OF SUBCHAPTER II OF TITLE 31 OF THE UNITED STATES
   27  CODE OR ANY REGULATION PRESCRIBED THEREUNDER.
   28    STRUCTURING IN THE SECOND DEGREE IS A CLASS E FELONY.
   29  S 470.35 STRUCTURING IN THE FIRST DEGREE.
   30    A PERSON IS GUILTY OF STRUCTURING IN THE FIRST DEGREE WHEN HE  OR  SHE
   31  COMMITS THE CRIME OF STRUCTURING IN THE SECOND DEGREE:
   32    1. WITH INTENT TO PROMOTE THE CARRYING ON OF CRIMINAL CONDUCT; OR
   33    2.  AS  PART  OF A PATTERN OF ANY ILLEGAL ACTIVITY INVOLVING MORE THAN
   34  ONE HUNDRED THOUSAND DOLLARS IN ANY TWELVE MONTH PERIOD.
   35    STRUCTURING IN THE FIRST DEGREE IS A CLASS D FELONY.
   36    S 12. The first undesignated paragraph of section 490.10 of the  penal
   37  law,  as added by chapter 300 of the laws of 2001, is amended to read as
   38  follows:
   39    A person commits soliciting or providing support for an act of terror-
   40  ism in the second degree when, with  intent  that  material  support  or
   41  resources will be used, in whole or in part, to plan, prepare, carry out
   42  or aid in either an act of terrorism or the concealment of, or an escape
   43  from,  an  act of terrorism, he or she (A) raises, solicits, collects or
   44  provides material support or resources, OR (B) CONCEALS OR DISGUISES THE
   45  NATURE OR OWNERSHIP OF  MATERIAL SUPPORT OR RESOURCES.
   46    S 13. The penal law is amended by adding two new sections  490.60  and
   47  490.65 to read as follows:
   48  S 490.60 CRIMINAL FACILITATION OF TERRORISM.
   49    1.  A  PERSON  IS  GUILTY  OF CRIMINAL FACILITATION OF TERRORISM WHEN,
   50  BELIEVING IT PROBABLE THAT HE OR SHE IS RENDERING AID TO  A  PERSON  WHO
   51  INTENDS  TO COMMIT AN OFFENSE DEFINED IN THIS ARTICLE, HE OR SHE ENGAGES
   52  IN CONDUCT WHICH PROVIDES SUCH PERSON WITH MEANS OR OPPORTUNITY FOR  THE
   53  COMMISSION  THEREOF  AND  WHICH  IN FACT AIDS SUCH PERSON TO COMMIT SUCH
   54  OFFENSE.
   55    2. (A) WHEN A PERSON IS CONVICTED OF CRIMINAL FACILITATION OF  TERROR-
   56  ISM PURSUANT TO THIS SECTION, AND THE OFFENSE HE OR SHE FACILITATED IS A
       A. 8878                             9
    1  VIOLENT  FELONY OFFENSE, THE CRIME OF CRIMINAL FACILITATION OF TERRORISM
    2  SHALL BE DEEMED A VIOLENT FELONY OFFENSE.
    3    (B)  WHEN  A PERSON IS CONVICTED OF CRIMINAL FACILITATION OF TERRORISM
    4  PURSUANT TO THIS SECTION, AND THE OFFENSE HE OR SHE  FACILITATED  IS  AN
    5  OFFENSE  DEFINED  IN  THIS ARTICLE OR AN ATTEMPT OR CONSPIRACY TO COMMIT
    6  SUCH OFFENSE, OTHER THAN THE CRIME OF TERRORISM AS  DEFINED  IN  SECTION
    7  490.25  OF THIS ARTICLE, THE CRIME OF CRIMINAL FACILITATION OF TERRORISM
    8  SHALL BE DEEMED TO BE ONE CATEGORY LOWER THAN THE OFFENSE THE  DEFENDANT
    9  FACILITATED; PROVIDED, FURTHER, THAT WHEN A PERSON IS CONVICTED OF CRIM-
   10  INAL FACILITATION OF TERRORISM PURSUANT TO THIS SECTION, AND THE OFFENSE
   11  HE OR SHE FACILITATED IS A CLASS A-I FELONY OFFENSE, THE CRIME OF CRIMI-
   12  NAL  FACILITATION  OF  TERRORISM  SHALL BE PUNISHED AS A CLASS B VIOLENT
   13  FELONY OFFENSE.
   14    (C) WHEN A PERSON IS CONVICTED OF CRIMINAL FACILITATION  OF  TERRORISM
   15  PURSUANT  TO  THIS SECTION, AND THE OFFENSE HE OR SHE FACILITATED IS THE
   16  CRIME OF TERRORISM AS DEFINED IN SECTION 490.25  OF  THIS  ARTICLE,  THE
   17  CRIME  OF  CRIMINAL  FACILITATION OF TERRORISM SHALL BE DEEMED TO BE THE
   18  SAME CATEGORY AS THE OFFENSE LEVEL APPLICABLE TO THE  SPECIFIED  OFFENSE
   19  UNDERLYING  THE  CRIME OF TERRORISM AS DEFINED IN SECTION 490.25 OF THIS
   20  ARTICLE.
   21    (D) WHEN A PERSON IS CONVICTED OF CRIMINAL FACILITATION  OF  TERRORISM
   22  PURSUANT  TO  THIS  SECTION, AND THE OFFENSE HE OR SHE FACILITATED IS AN
   23  ATTEMPT OR CONSPIRACY TO COMMIT THE CRIME OF  TERRORISM  AS  DEFINED  IN
   24  SECTION  490.25  OF  THIS ARTICLE, THE CRIME OF CRIMINAL FACILITATION OF
   25  TERRORISM SHALL BE DEEMED TO BE ONE CATEGORY LOWER THAN THE OFFENSE  THE
   26  DEFENDANT FACILITATED.
   27  S 490.65 CONSPIRACY TO COMMIT TERRORISM.
   28    1.  A  PERSON  IS  GUILTY OF CONSPIRACY TO COMMIT TERRORISM WHEN, WITH
   29  INTENT THAT CONDUCT BE PERFORMED CONSTITUTING A FELONY  OFFENSE  DEFINED
   30  IN  THIS ARTICLE, HE OR SHE AGREES WITH ONE OR MORE PERSONS TO ENGAGE IN
   31  OR CAUSE THE PERFORMANCE OF SUCH CONDUCT.
   32    2. (A) WHEN A PERSON IS CONVICTED OF THE CRIME OF CONSPIRACY TO COMMIT
   33  TERRORISM PURSUANT TO THIS SECTION, AND THE OFFENSE HE OR SHE  CONSPIRED
   34  TO COMMIT IS A VIOLENT FELONY OFFENSE, THE CRIME OF CONSPIRACY TO COMMIT
   35  TERRORISM SHALL BE DEEMED A VIOLENT FELONY OFFENSE.
   36    (B)  WHEN  A  PERSON IS CONVICTED OF THE CRIME OF CONSPIRACY TO COMMIT
   37  TERRORISM PURSUANT TO THIS SECTION, OTHER THAN THE CRIME OF TERRORISM AS
   38  DEFINED IN SECTION 490.25 OF THIS ARTICLE, THE CRIME  OF  CONSPIRACY  TO
   39  COMMIT  TERRORISM SHALL BE DEEMED TO BE THE SAME CATEGORY AS THE OFFENSE
   40  LEVEL APPLICABLE TO THE UNDERLYING ARTICLE FOUR HUNDRED NINETY OFFENSE.
   41    (C) WHEN A PERSON IS CONVICTED OF THE CRIME OF  CONSPIRACY  TO  COMMIT
   42  TERRORISM PURSUANT TO THIS SECTION FOR THE CRIME OF TERRORISM AS DEFINED
   43  IN  SECTION  490.25  OF  THIS ARTICLE, THE CRIME OF CONSPIRACY TO COMMIT
   44  TERRORISM SHALL BE DEEMED TO BE THE SAME CATEGORY AS THE  OFFENSE  LEVEL
   45  APPLICABLE  TO  A  CONVICTION  FOR  THE CRIME OF TERRORISM AS DEFINED IN
   46  SECTION 490.25 OF THIS ARTICLE THAT THE DEFENDANT CONSPIRED TO COMMIT.
   47    S 14. Section 490.70 of the penal law is amended  by  adding  two  new
   48  subdivisions 3 and 4 to read as follows:
   49    3.  WITH  RESPECT TO SECTION 490.60 OF THIS ARTICLE, THE PROVISIONS OF
   50  SECTION 115.10 OF THIS CHAPTER SHALL APPLY.
   51    4. WITH RESPECT TO SECTION 490.65 OF THIS ARTICLE, THE  PROVISIONS  OF
   52  SECTIONS 105.20, 105.25 AND 105.30 OF THIS CHAPTER SHALL APPLY.
   53    S  15.  Paragraph  (b) of subdivision 2 of section 490.25 of the penal
   54  law, as added by chapter 300 of the laws of 2001, is amended to read  as
   55  follows:
       A. 8878                            10
    1    (b)  When  a  person  is convicted of a crime of terrorism pursuant to
    2  this section, and the specified offense is a class  C,  D  or  E  felony
    3  offense, the crime of terrorism shall be deemed to be one category high-
    4  er  than  the specified offense the defendant committed, or one category
    5  higher  than  the offense level applicable to the defendant's conviction
    6  for an attempt [or conspiracy]  to  commit  the  offense,  whichever  is
    7  applicable.
    8    S  16.  Paragraph  (a) of subdivision 3 of section 490.05 of the penal
    9  law, as amended by section 7 of part A of chapter 1 of the laws of 2004,
   10  is amended to read as follows:
   11    (a) "Specified offense" for purposes of this article means a  class  A
   12  felony  offense  other than an offense as defined in article two hundred
   13  twenty,  a  violent  felony  offense  as  defined  in   section   70.02,
   14  manslaughter in the second degree as defined in section 125.15, criminal
   15  tampering  in  the  first  degree as defined in section 145.20, identity
   16  theft in the second degree as defined in section 190.79, identity  theft
   17  in the first degree as defined in section 190.80, unlawful possession of
   18  personal  identification  information in the second degree as defined in
   19  section 190.82, unlawful possession of personal identification  informa-
   20  tion  in  the  first  degree  as defined in section 190.83, AGRICULTURAL
   21  ADULTERATION IN THE SECOND DEGREE AS DEFINED IN SECTION 280.05, AGRICUL-
   22  TURAL ADULTERATION IN THE FIRST DEGREE AS  DEFINED  IN  SECTION  280.10,
   23  money laundering in support of terrorism in the fourth degree as defined
   24  in section 470.21, money laundering in support of terrorism in the third
   25  degree  as  defined  in  section  470.22, money laundering in support of
   26  terrorism in the second degree as defined in section 470.23, money laun-
   27  dering in support of terrorism in the first degree as defined in section
   28  470.24 of this chapter, and  includes  an  attempt  [or  conspiracy]  to
   29  commit any such offense.
   30    S 17. Section 20.20 of the criminal procedure law is amended by adding
   31  a new subdivision 4 to read as follows:
   32    4.  THE OFFENSE WAS COMMITTED WITHIN THE SPECIAL AIRCRAFT JURISDICTION
   33  OF THE STATE PURSUANT TO SECTION 20.25.
   34    S 18. The criminal procedure law is amended by adding  a  new  section
   35  20.25 to read as follows:
   36  S 20.25 GEOGRAPHICAL  JURISDICTION  OF OFFENSES; SPECIAL AIRCRAFT JURIS-
   37             DICTION OF THE STATE.
   38    1. AS USED IN THIS SECTION:
   39    (A) "AIRCRAFT" MEANS AN AIRCRAFT OPERATING AS A COMMON CARRIER.
   40    (B) "IN FLIGHT" MEANS  FROM  THE  MOMENT  ALL  EXTERNAL  DOORS  OF  AN
   41  AIRCRAFT ARE CLOSED FOLLOWING BOARDING,
   42    (I)  THROUGH  THE  MOMENT  WHEN  ONE  EXTERNAL DOOR IS OPENED TO ALLOW
   43  PASSENGERS TO LEAVE THE AIRCRAFT, OR
   44    (II) UNTIL, IF A  FORCED  LANDING,  COMPETENT  AUTHORITIES  TAKE  OVER
   45  RESPONSIBILITY  FOR THE AIRCRAFT AND ANY INDIVIDUALS AND PROPERTY ON THE
   46  AIRCRAFT.
   47    2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF SECTION 20.30,
   48  A PERSON MAY BE CONVICTED IN THE CRIMINAL COURTS OF  THIS  STATE  OF  AN
   49  OFFENSE COMMITTED EITHER BY HIS OWN CONDUCT, OR BY THE CONDUCT OF ANOTH-
   50  ER  FOR WHICH HE IS LEGALLY ACCOUNTABLE PURSUANT TO SECTION 20.00 OF THE
   51  PENAL LAW, WHEN:
   52    (A) THE OFFENSE IS COMMITTED ON BOARD  AN  AIRCRAFT  WHILE  IN  FLIGHT
   53  OUTSIDE THIS STATE; AND
   54    (B)  THE AIRCRAFT HAS ITS NEXT SCHEDULED DESTINATION WITHIN THIS STATE
   55  AND IN FACT NEXT LANDS IN THIS STATE; AND
       A. 8878                            11
    1    (C) THE PERSON WHO  COMMITTED  THE  OFFENSE  IS  STILL  ON  BOARD  THE
    2  AIRCRAFT WHEN IT LANDS IN THIS STATE.
    3    3.  EXCEPT  AS LIMITED BY SUBDIVISION TWO OF THIS SECTION, THE SPECIAL
    4  AIRCRAFT JURISDICTION OF THIS STATE SHALL EXTEND TO AIRCRAFT  IN  FLIGHT
    5  TO THE SAME EXTENT SUCH JURISDICTION MAY BE CLAIMED BY THE UNITED STATES
    6  OF  AMERICA,  OR  TO WHATEVER EXTENT MAY BE RECOGNIZED BY THE USAGES AND
    7  CUSTOMS OF INTERNATIONAL LAW  OR  BY  ANY  AGREEMENT,  INTERNATIONAL  OR
    8  OTHERWISE,  TO  WHICH  THE UNITED STATES OF AMERICA OR THIS STATE MAY BE
    9  PARTY.
   10    4. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR RESTRICT IN
   11  ANY WAY (A) THE JURISDICTION OF THIS  STATE  OVER  ANY  PERSON  OR  WITH
   12  RESPECT TO ANY SUBJECT WITHIN OR WITHOUT THE STATE WHICH JURISDICTION IS
   13  EXERCISABLE  BY REASON OF CITIZENSHIP, RESIDENCE OR FOR ANY OTHER REASON
   14  RECOGNIZED BY LAW; (B) JURISDICTION OR OWNERSHIP OF OR OVER THE AIRSPACE
   15  OR LANDS THEREUNDER, WITHIN OR FORMING A PART OF THE BOUNDARIES OF  THIS
   16  STATE; OR (C) THE CONCURRENT JURISDICTION OF THE UNITED STATES OF AMERI-
   17  CA  OVER  ANY OFFENSE COMMITTED WITHIN THE SPECIAL AIRCRAFT JURISDICTION
   18  OF THE UNITES STATES AS DEFINED IN TITLE 49 OF THE UNITED STATES CODE.
   19    S 19. Subdivision 1 of section 60.22 of the criminal procedure law  is
   20  amended to read as follows:
   21    1.  A  defendant  may  not  be convicted of any offense, OTHER THAN AN
   22  OFFENSE DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL  LAW  EXCEPT
   23  WHEN  PROSECUTED  PURSUANT  TO  SUBPARAGRAPH  (XIII) OF PARAGRAPH (A) OF
   24  SUBDIVISION ONE OF SECTION 125.27 OF THE PENAL LAW, upon  the  testimony
   25  of  an  accomplice  unsupported  by  corroborative  evidence  tending to
   26  connect the defendant with the commission of such offense.
   27    S 20. Section 690.05 of the criminal procedure law, subdivision  2  as
   28  amended  by chapter 504 of the laws of 1991 and the opening paragraph of
   29  subdivision 2 as amended by chapter 424 of the laws of 1998, is  amended
   30  to read as follows:
   31  S 690.05 Search warrants; in general; definition.
   32    1.  Under  circumstances  prescribed in this article, a local criminal
   33  court may, upon application of a police officer, a district attorney  or
   34  other  public servant acting in the course of his official duties, issue
   35  a search warrant.
   36    2. [A] EXCEPT AS SPECIFIED IN SUBDIVISION THREE  OF  THIS  SECTION,  A
   37  search  warrant  is a court order and process directing a police officer
   38  to conduct:
   39    (a) a search of designated premises, or of a designated vehicle, or of
   40  a designated person, for the purpose of seizing designated  property  or
   41  kinds  of property, and to deliver any property so obtained to the court
   42  which issued the warrant; or
   43    (b) a search of a designated premises for the purpose of searching for
   44  and arresting a person who is the subject of: (i) a  warrant  of  arrest
   45  issued  pursuant  to  this  chapter,  a superior court warrant of arrest
   46  issued pursuant to this chapter, or a bench warrant for a felony  issued
   47  pursuant  to this chapter, where the designated premises is the dwelling
   48  of a third party who is not the subject of the arrest warrant; or
   49    (ii) a warrant of arrest issued by any other state  or  federal  court
   50  for  an  offense  which would constitute a felony under the laws of this
   51  state, where the designated premises is the dwelling of  a  third  party
   52  who is not the subject of the arrest warrant.
   53    3.  WHERE  A  SEARCH IS TO BE CONDUCTED OF AN ELECTRONIC COMMUNICATION
   54  SERVICE OR REMOTE COMPUTING SERVICE, A SEARCH WARRANT IS A  COURT  ORDER
   55  DIRECTING  AN EMPLOYEE OF THE ELECTRONIC COMMUNICATION SERVICE OR REMOTE
   56  COMPUTING SERVICE TO SEARCH THEIR RECORDS FOR THE DESIGNATED PROPERTY. A
       A. 8878                            12
    1  SEARCH WARRANT IS PROPERLY SERVED ON AN ELECTRONIC COMMUNICATION SERVICE
    2  OR REMOTE COMPUTING SERVICE WHEN IT HAS BEEN DELIVERED BY HAND, OR IN  A
    3  MANNER  REASONABLY ALLOWING FOR PROOF OF DELIVERY IF DELIVERED BY UNITED
    4  STATES  MAIL, OVERNIGHT DELIVERY SERVICE, OR FACSIMILE TO THE ELECTRONIC
    5  COMMUNICATION SERVICE OR REMOTE COMPUTING SERVICE THAT IS THE SUBJECT OF
    6  THE WARRANT.
    7    4. "ELECTRONIC COMMUNICATION SERVICE", "REMOTE COMPUTING SERVICE"  AND
    8  "ELECTRONIC STORAGE" SHALL BE CONSTRUED IN ACCORDANCE WITH SECTIONS 2510
    9  AND  2701  TO  2711  OF  TITLE  18 OF THE UNITED STATES CODE, AS AMENDED
   10  THROUGH MARCH 1, 2001. THIS SECTION DOES NOT APPLY TO BUSINESSES THAT DO
   11  NOT PROVIDE THOSE SERVICES TO THE GENERAL PUBLIC.
   12    S 21. The criminal procedure law is amended by adding  a  new  section
   13  690.16 to read as follows:
   14  S 690.16 SEARCH WARRANT OF A FOREIGN ELECTRONIC COMMUNICATION SERVICE OR
   15             A FOREIGN REMOTE COMPUTING SERVICE.
   16    UPON  A  SHOWING  OF  REASONABLE  CAUSE,  A COURT SHALL ISSUE A SEARCH
   17  WARRANT  DIRECTING  THAT  A  FOREIGN  ELECTRONIC  COMMUNICATION  SERVICE
   18  PROVIDING  SERVICES  TO  THE  GENERAL PUBLIC OR REMOTE COMPUTING SERVICE
   19  PROVIDING SERVICES  TO  THE  GENERAL  PUBLIC  PRODUCE  CERTAIN  RECORDS,
   20  INCLUDING THOSE THAT WOULD REVEAL THE RECIPIENT OR DESTINATION OF COMMU-
   21  NICATIONS SENT TO OR FROM CUSTOMERS OF THOSE SERVICES AND THE CONTENT OF
   22  THOSE COMMUNICATIONS HELD IN ELECTRONIC STORAGE SO LONG AS;
   23    1.  THE  RECORDS  CONSTITUTE  EVIDENCE  OR TEND TO DEMONSTRATE THAT AN
   24  OFFENSE WAS COMMITTED AGAINST THE LAWS OF THE STATE; AND
   25    2. THE LAWS OF THE  FOREIGN  STATE  RECOGNIZE  THE  ISSUANCE  OF  SUCH
   26  WARRANT  AND  AUTHORIZE  THE FOREIGN ELECTRONIC COMMUNICATION SERVICE OR
   27  FOREIGN REMOTE COMPUTING SERVICE TO COMPLY WITH IT.
   28    S 22. The criminal procedure law is amended by adding  a  new  section
   29  690.17 to read as follows:
   30  S 690.17 WARRANT OF ANOTHER STATE.
   31    A NEW YORK BUSINESS THAT PROVIDES ELECTRONIC COMMUNICATION SERVICES OR
   32  REMOTE  COMPUTING  SERVICES  TO  THE  GENERAL PUBLIC, WHEN SERVED WITH A
   33  WARRANT ISSUED BY ANOTHER STATE TO PRODUCE RECORDS THAT WOULD REVEAL THE
   34  IDENTITY OF THE CUSTOMERS USING THOSE SERVICES; DATA STORED  BY,  OR  ON
   35  BEHALF  OF,  THE  CUSTOMER;  THE CUSTOMER'S USAGE OF THOSE SERVICES; THE
   36  RECIPIENT OR DESTINATION OF COMMUNICATIONS SENT TO OR FROM THOSE CUSTOM-
   37  ERS; OR THE CONTENT OF THOSE COMMUNICATIONS, SHALL PRODUCE THOSE RECORDS
   38  AS IF THAT WARRANT HAD BEEN ISSUED BY A NEW YORK COURT.
   39    S 23. The criminal procedure law is amended by adding  a  new  section
   40  690.18 to read as follows:
   41  S 690.18 LIABILITY OF PROVIDERS.
   42    NO CAUSE OF ACTION SHALL LIE AGAINST ANY FOREIGN OR NEW YORK ELECTRON-
   43  IC  COMMUNICATION  SERVICE  OR  REMOTE COMPUTING SERVICE SUBJECT TO THIS
   44  SECTION, ITS OFFICERS, EMPLOYEES, AGENTS, OR OTHER SPECIFIED PERSONS FOR
   45  PROVIDING RECORDS, INFORMATION, FACILITIES OR ASSISTANCE  IN  ACCORDANCE
   46  WITH THE TERMS OF A WARRANT ISSUED PURSUANT TO THIS CHAPTER.
   47    S  24.  Subdivision 4 of section 700.05 of the criminal procedure law,
   48  as amended by chapter 744 of the laws of 1988, is  amended  to  read  as
   49  follows:
   50    4.  "Justice,"  except as otherwise provided herein, means any justice
   51  of an appellate division of the judicial department in which the  eaves-
   52  dropping  warrant is to be executed, or any justice of the supreme court
   53  of the judicial district in which the eavesdropping  warrant  is  to  be
   54  executed,  or  any  county court judge of the county in which the eaves-
   55  dropping warrant is to be executed. When the eavesdropping warrant is to
   56  authorize the interception of oral communications occurring in a vehicle
       A. 8878                            13
    1  or wire communications occurring over a WIRELESS telephone [located in a
    2  vehicle], "justice" means any justice of the supreme court of the  judi-
    3  cial  department  or  any  county court judge of the county in which the
    4  eavesdropping  device is to be installed or connected or of any judicial
    5  department or county in which communications are expected to  be  inter-
    6  cepted.  When  such a justice issues such an eavesdropping warrant, such
    7  warrant may be executed and such oral  or  wire  communications  may  be
    8  intercepted anywhere in the state.
    9    S 25. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
   10  procedure law, as amended by chapter 472 of the laws of 2008, is amended
   11  to read as follows:
   12    (b)  Any  of  the  following felonies: assault in the second degree as
   13  defined in section 120.05 of the penal law, assault in the first  degree
   14  as  defined in section 120.10 of the penal law, reckless endangerment in
   15  the first degree as defined in section 120.25 of the penal law,  promot-
   16  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
   17  criminally negligent homicide as defined in section 125.10 of the  penal
   18  law,  manslaughter  in the second degree as defined in section 125.15 of
   19  the penal law, manslaughter in the first degree as  defined  in  section
   20  125.20  of  the  penal  law,  murder  in the second degree as defined in
   21  section 125.25 of the penal law, murder in the first degree  as  defined
   22  in  section  125.27  of  the penal law, abortion in the second degree as
   23  defined in section 125.40 of the penal law, abortion in the first degree
   24  as defined in section 125.45 of the penal law, rape in the third  degree
   25  as defined in section 130.25 of the penal law, rape in the second degree
   26  as  defined in section 130.30 of the penal law, rape in the first degree
   27  as defined in section 130.35 of the penal law, criminal  sexual  act  in
   28  the third degree as defined in section 130.40 of the penal law, criminal
   29  sexual  act  in  the  second  degree as defined in section 130.45 of the
   30  penal law, criminal sexual act in the first degree as defined in section
   31  130.50 of the penal law, sexual abuse in the first degree as defined  in
   32  section  130.65  of  the  penal  law, unlawful imprisonment in the first
   33  degree as defined in section 135.10 of the penal law, kidnapping in  the
   34  second  degree as defined in section 135.20 of the penal law, kidnapping
   35  in the first degree as defined in section 135.25 of the penal law, labor
   36  trafficking as defined in section 135.35 of  the  penal  law,  custodial
   37  interference  in  the  first  degree as defined in section 135.50 of the
   38  penal law, coercion in the first degree as defined in section 135.65  of
   39  the  penal  law,  criminal  trespass  in  the first degree as defined in
   40  section 140.17 of the penal law, burglary in the third degree as defined
   41  in section 140.20 of the penal law, burglary in  the  second  degree  as
   42  defined in section 140.25 of the penal law, burglary in the first degree
   43  as  defined in section 140.30 of the penal law, criminal mischief in the
   44  third degree as defined in section 145.05 of  the  penal  law,  criminal
   45  mischief  in the second degree as defined in section 145.10 of the penal
   46  law, criminal mischief in the first degree as defined in section  145.12
   47  of  the  penal law, criminal tampering in the first degree as defined in
   48  section 145.20 of the penal law, arson in the fourth degree  as  defined
   49  in section 150.05 of the penal law, arson in the third degree as defined
   50  in  section  150.10  of  the  penal  law,  arson in the second degree as
   51  defined in section 150.15 of the penal law, arson in the first degree as
   52  defined in section 150.20 of the penal law, grand larceny in the  fourth
   53  degree  as  defined in section 155.30 of the penal law, grand larceny in
   54  the third degree as defined in section 155.35 of the  penal  law,  grand
   55  larceny  in  the second degree as defined in section 155.40 of the penal
   56  law, grand larceny in the first degree as defined in section  155.42  of
       A. 8878                            14
    1  the  penal  law,  AGGRAVATED  COMPUTER  INTRUSION  AS DEFINED IN SECTION
    2  156.25 OF THE PENAL LAW, health care  fraud  in  the  fourth  degree  as
    3  defined  in  section  177.10  of the penal law, health care fraud in the
    4  third  degree as defined in section 177.15 of the penal law, health care
    5  fraud in the second degree as defined in section  177.20  of  the  penal
    6  law,  health care fraud in the first degree as defined in section 177.25
    7  of the penal law, robbery in the third  degree  as  defined  in  section
    8  160.05  of  the  penal  law,  robbery in the second degree as defined in
    9  section 160.10 of the penal law, robbery in the first degree as  defined
   10  in  section  160.15  of the penal law, unlawful use of secret scientific
   11  material as defined  in  section  165.07  of  the  penal  law,  criminal
   12  possession of stolen property in the fourth degree as defined in section
   13  165.45  of  the penal law, criminal possession of stolen property in the
   14  third degree as defined in section 165.50 of  the  penal  law,  criminal
   15  possession of stolen property in the second degree as defined by section
   16  165.52  of  the penal law, criminal possession of stolen property in the
   17  first degree as defined by section 165.54 of the  penal  law,  trademark
   18  counterfeiting  in the second degree as defined in section 165.72 of the
   19  penal law, trademark counterfeiting in the first degree  as  defined  in
   20  section 165.73 of the penal law, forgery in the second degree as defined
   21  in  section  170.10  of  the  penal  law, forgery in the first degree as
   22  defined in section 170.15 of the penal law,  criminal  possession  of  a
   23  forged  instrument  in the second degree as defined in section 170.25 of
   24  the penal law, criminal possession of a forged instrument in  the  first
   25  degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
   26  possession of forgery devices as defined in section 170.40 of the  penal
   27  law,  falsifying  business  records  in  the  first degree as defined in
   28  section 175.10 of the penal law, tampering with public  records  in  the
   29  first  degree  as defined in section 175.25 of the penal law, offering a
   30  false instrument for filing in the first degree as  defined  in  section
   31  175.35  of  the  penal  law,  issuing  a false certificate as defined in
   32  section 175.40 of the penal  law,  criminal  diversion  of  prescription
   33  medications and prescriptions in the second degree as defined in section
   34  178.20  of the penal law, criminal diversion of prescription medications
   35  and prescriptions in the first degree as defined in  section  178.25  of
   36  the  penal  law,  residential  mortgage  fraud  in  the fourth degree as
   37  defined in section 187.10 of the penal law, residential  mortgage  fraud
   38  in the third degree as defined in section 187.15 of the penal law, resi-
   39  dential mortgage fraud in the second degree as defined in section 187.20
   40  of  the  penal  law,  residential  mortgage fraud in the first degree as
   41  defined in section 187.25 of the penal law, escape in the second  degree
   42  as  defined  in  section  205.10  of  the penal law, escape in the first
   43  degree as defined in section 205.15 of the penal  law,  absconding  from
   44  temporary  release  in  the first degree as defined in section 205.17 of
   45  the penal law, promoting  prison  contraband  in  the  first  degree  as
   46  defined in section 205.25 of the penal law, hindering prosecution in the
   47  second  degree  as defined in section 205.60 of the penal law, hindering
   48  prosecution in the first degree as defined  in  section  205.65  of  the
   49  penal  law,  sex  trafficking  as defined in section 230.34 of the penal
   50  law, criminal possession of a weapon in the third degree as  defined  in
   51  subdivisions  two,  three  and  five of section 265.02 of the penal law,
   52  criminal possession of a weapon in  the  second  degree  as  defined  in
   53  section  265.03 of the penal law, criminal possession of a weapon in the
   54  first degree as defined in section 265.04 of the penal law, manufacture,
   55  transport, disposition and defacement of weapons and  dangerous  instru-
   56  ments  and  appliances defined as felonies in subdivisions one, two, and
       A. 8878                            15
    1  three of section 265.10 of the penal law, sections  265.11,  265.12  and
    2  265.13  of  the  penal  law,  or prohibited use of weapons as defined in
    3  subdivision two of section 265.35 of the penal law, relating to firearms
    4  and  other  dangerous  weapons, [or] failure to disclose the origin of a
    5  recording in the first degree as defined in section 275.40 of the  penal
    6  law,  AGRICULTURAL  ADULTERATION  IN  THE  SECOND  DEGREE  AS DEFINED IN
    7  SECTION 280.05 OF THE PENAL LAW, OR  AGRICULTURAL  ADULTERATION  IN  THE
    8  FIRST DEGREE AS DEFINED IN SECTION 280.10 OF THE PENAL LAW;
    9    S 26. Paragraph (o) of subdivision 8 of section 700.05 of the criminal
   10  procedure law, as amended by chapter 489 of the laws of 2000, is amended
   11  to read as follows:
   12    (o) Money laundering in the first degree, as defined in section 470.20
   13  of  the  penal  law, money laundering in the second degree as defined in
   14  section 470.15 of the penal law, money laundering in the third degree as
   15  defined in section 470.10 of such law, [and]  money  laundering  in  the
   16  fourth degree as defined in section 470.05 of such law, MONEY LAUNDERING
   17  IN  SUPPORT  OF  TERRORISM  IN  THE  FOURTH DEGREE AS DEFINED IN SECTION
   18  470.21 OF SUCH LAW, MONEY LAUNDERING IN  SUPPORT  OF  TERRORISM  IN  THE
   19  THIRD  DEGREE AS DEFINED IN SECTION 470.22 OF SUCH LAW, MONEY LAUNDERING
   20  IN SUPPORT OF TERRORISM IN THE  SECOND  DEGREE  AS  DEFINED  IN  SECTION
   21  470.23  OF SUCH LAW, AND MONEY LAUNDERING IN SUPPORT OF TERRORISM IN THE
   22  FIRST DEGREE AS DEFINED IN SECTION 470.24 OF SUCH LAW, where the proper-
   23  ty involved represents or is represented to be the proceeds of specified
   24  criminal conduct which itself constitutes a  designated  offense  within
   25  the  meaning of this subdivision, OR THE PROCEEDS OF AN ACT OF TERRORISM
   26  AS DEFINED IN SUBDIVISION ONE OF SECTION 490.05 OF SUCH LAW, OR A  MONE-
   27  TARY  INSTRUMENT  GIVEN,  RECEIVED  OR  INTENDED TO BE USED TO SUPPORT A
   28  VIOLATION OF ARTICLE FOUR HUNDRED NINETY OF SUCH LAW.
   29    S 27. Paragraph (q) of subdivision 8 of section 700.05 of the criminal
   30  procedure law, as amended by section 3 of part A of  chapter  1  of  the
   31  laws of 2004, is amended to read as follows:
   32    (q)  Soliciting  or  providing  support for an act of terrorism in the
   33  second degree as defined in section 490.10 of the penal law,  soliciting
   34  or  providing  support  for  an  act of terrorism in the first degree as
   35  defined in section 490.15 of the penal law, making a terroristic  threat
   36  as  defined  in  section  490.20 of the penal law, crime of terrorism as
   37  defined in section 490.25 of the penal law, CRIME OF CYBER-TERRORISM  AS
   38  DEFINED  IN  SECTION  490.28  OF THE PENAL LAW, hindering prosecution of
   39  terrorism in the second degree as defined in section 490.30 of the penal
   40  law, hindering prosecution of terrorism in the first degree  as  defined
   41  in  section  490.35  of the penal law, criminal possession of a chemical
   42  weapon or biological weapon in the third degree as  defined  in  section
   43  490.37  of  the  penal  law, criminal possession of a chemical weapon or
   44  biological weapon in the second degree as defined in section  490.40  of
   45  the  penal  law,  criminal possession of a chemical weapon or biological
   46  weapon in the first degree as defined in section  490.45  of  the  penal
   47  law, criminal use of a chemical weapon or biological weapon in the third
   48  degree  as defined in section 490.47 of the penal law, criminal use of a
   49  chemical weapon or biological weapon in the second degree as defined  in
   50  section  490.50  of the penal law, and criminal use of a chemical weapon
   51  or biological weapon in the first degree as defined in section 490.55 of
   52  the penal law.
   53    S 28. Subdivision 2 of section 40.30 of the criminal procedure law  is
   54  amended by adding a new paragraph (c) to read as follows:
   55    (C)  SUCH  PROSECUTION  OCCURRED IN A COURT OF ANY JURISDICTION WITHIN
   56  THE UNITED STATES OTHER THAN A COURT OF  THIS  STATE,  AND  THE  PRESENT
       A. 8878                            16
    1  PROSECUTION  IS FOR AN OFFENSE DEFINED IN ARTICLE FOUR HUNDRED NINETY OF
    2  THE PENAL LAW.
    3    S 29. Subdivision 9 of section 40.50 of the criminal procedure law, as
    4  added by chapter 516 of the laws of 1986, is amended to read as follows:
    5    9. A person who has been previously prosecuted for racketeering pursu-
    6  ant  to  federal  law,  or any comparable offense pursuant to the law of
    7  another  state  may  not  be  subsequently  prosecuted  for   enterprise
    8  corruption  based  upon a pattern of criminal activity that specifically
    9  includes a criminal act that  was  also  specifically  included  in  the
   10  pattern  of  racketeering activity upon which the prior charge of racke-
   11  teering was based; provided, however, that this  section  shall  not  be
   12  construed  to  prohibit  the subsequent prosecution of any other offense
   13  specifically included in or otherwise a part of a pattern of  racketeer-
   14  ing  activity  alleged in any such prior prosecution for racketeering or
   15  other comparable offense, AND SHALL NOT PROHIBIT THE  SUBSEQUENT  PROSE-
   16  CUTION  OF  ANY  OFFENSE  UNDER ARTICLE FOUR HUNDRED NINETY OF THE PENAL
   17  LAW.
   18    S 30. Section 210.40 of the  criminal  procedure  law  is  amended  by
   19  adding a new subdivision 2-a to read as follows:
   20    2-A.  IN  ADDITION TO THE GROUNDS SPECIFIED IN SUBDIVISION ONE OF THIS
   21  SECTION, UPON ANY MOTION TO DISMISS AN INDICTMENT OR ANY  COUNT  THEREOF
   22  ALLEGING  A  VIOLATION  OF ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW,
   23  THE COURT MUST ALSO CONSIDER WHETHER THE DEFENDANT PREVIOUSLY  HAS  BEEN
   24  PROSECUTED IN A COURT OF ANY OTHER JURISDICTION WITHIN THE UNITED STATES
   25  BASED UPON THE SAME ACT OR CRIMINAL TRANSACTION.
   26    S  31.  Section  710.70  of  the  criminal procedure law is amended by
   27  adding a new subdivision 4 to read as follows:
   28    4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN A CRIMINAL ACTION IN
   29  WHICH THE DEFENDANT IS ACCUSED OF AN OFFENSE  DEFINED  IN  ARTICLE  FOUR
   30  HUNDRED  NINETY OF THE PENAL LAW, THE COURT MAY NOT SUPPRESS EVIDENCE OR
   31  ORDER THAT EVIDENCE BE EXCLUDED ON ACCOUNT OF A VIOLATION OF  ANY  RIGHT
   32  ACCORDED  BY  THE  FOURTH  AMENDMENT  TO  THE CONSTITUTION OF THE UNITED
   33  STATES OR SECTION TWELVE OF ARTICLE ONE  OF  THE  CONSTITUTION  OF  THIS
   34  STATE, IF THE COURT FINDS AFTER A HEARING THAT THE LAW ENFORCEMENT OFFI-
   35  CER OR OFFICERS ACTED IN GOOD FAITH.
   36    S  32.  The  criminal procedure law is amended by adding a new section
   37  700.75 to read as follows:
   38  S 700.75 ROVING INTERCEPTIONS.
   39    IN ANY CASE IN WHICH THE DESIGNATED OFFENSE IS  DEFINED  IN  PARAGRAPH
   40  (Q) OF SUBDIVISION EIGHT OF SECTION 700.05 OF THIS ARTICLE, THE REQUIRE-
   41  MENTS  OF  THIS  ARTICLE RELATING TO THE SPECIFICATION OF THE FACILITIES
   42  FROM WHICH, OR THE PLACE WHERE, THE COMMUNICATION IS TO  BE  INTERCEPTED
   43  DO NOT APPLY IF:
   44    1.  IN  THE  CASE  OF  AN  APPLICATION FOR THE INTERCEPTION OF AN ORAL
   45  COMMUNICATION:
   46    (A) THE APPLICATION CONTAINS A FULL AND COMPLETE STATEMENT AS  TO  WHY
   47  SUCH SPECIFICATION IS NOT PRACTICAL AND IDENTIFIES THE PERSON COMMITTING
   48  THE  OFFENSE  WHOSE  COMMUNICATIONS  ARE  TO BE INTERCEPTED; AND (B) THE
   49  COURT FINDS THAT SUCH SPECIFICATION IS NOT PRACTICAL; OR
   50    2. IN THE CASE OF AN APPLICATION WITH RESPECT  TO  INTERCEPTION  OF  A
   51  WIRE OR ELECTRONIC COMMUNICATION:
   52    (A)  THE  APPLICATION  IDENTIFIES THE PERSON BELIEVED TO BE COMMITTING
   53  THE OFFENSE AND WHOSE COMMUNICATIONS  ARE  TO  BE  INTERCEPTED  AND  THE
   54  APPLICANT  MAKES  A SHOWING OF A PURPOSE, ON THE PART OF THAT PERSON, TO
   55  THWART INTERCEPTION BY CHANGING FACILITIES; AND (B) THE COURT FINDS THAT
   56  SUCH PURPOSE HAS BEEN ADEQUATELY SHOWN.
       A. 8878                            17
    1    3. INTERCEPTION OF COMMUNICATIONS UNDER AN ORDER  ISSUED  PURSUANT  TO
    2  THIS  SECTION  SHALL  NOT  BEGIN UNTIL THE FACILITIES FROM WHICH, OR THE
    3  PLACE WHERE, THE COMMUNICATION IS TO BE INTERCEPTED  IS  ASCERTAINED  BY
    4  THE  PERSON  IMPLEMENTING  THE INTERCEPTION ORDER. A PROVIDER OF WIRE OR
    5  ELECTRONIC COMMUNICATIONS SERVICE THAT HAS RECEIVED AN ORDER AS PROVIDED
    6  FOR  IN  SUBDIVISION TWO OF THIS SECTION MAY MOVE THE COURT TO MODIFY OR
    7  QUASH THE ORDER ON THE GROUNDS THAT ITS ASSISTANCE WITH RESPECT  TO  THE
    8  INTERCEPTION  CANNOT BE PERFORMED IN A TIMELY OR REASONABLE FASHION. THE
    9  COURT, UPON NOTICE TO THE APPLICANT,  SHALL  DECIDE  SUCH  MOTION  EXPE-
   10  DITIOUSLY.
   11    S  33.  Subdivision  6  of  section 1310 of the civil practice law and
   12  rules, as added by chapter 669 of the laws of 1984, is amended  to  read
   13  as follows:
   14    6.  "Pre-conviction  forfeiture  crime" means only a felony defined in
   15  article two hundred twenty  or  section  221.30  [or],  221.55,  470.21,
   16  470.22, 470.23, OR 470.24 of the penal law.
   17    S 34. Section 1311-a of the civil practice law and rules is amended by
   18  adding a new subdivision 7 to read as follows:
   19    7.  A  SUBPOENA  DUCES  TECUM  ISSUED  UNDER THIS SECTION OR ANY OTHER
   20  PROVISION OF LAW IN AID OF A CIVIL FORFEITURE  ACTION  MAY  REQUIRE  THE
   21  PRODUCTION  OF  RECORDS  BY ANY PERSON OR ENTITY PRESENT IN THE STATE OR
   22  DOING BUSINESS IN THE STATE PERTAINING TO  PROPERTY  LOCATED  WITHIN  OR
   23  WITHOUT THE STATE.
   24    S  35. The opening paragraph of section 1313 of the civil practice law
   25  and rules is designated subdivision 1 and a new subdivision 2  is  added
   26  to read as follows:
   27    2.  ANY PERSON OR ENTITY PRESENT IN THE STATE OR DOING BUSINESS IN THE
   28  STATE AND IN POSSESSION OR CONTROL OF PROPERTY AGAINST WHICH  A  FORFEI-
   29  TURE  JUDGMENT  MAY BE ENFORCED MUST COMPLY WITH A TEMPORARY RESTRAINING
   30  ORDER OR PRELIMINARY INJUNCTION ISSUED UNDER THIS ARTICLE  WITH  RESPECT
   31  TO  PROPERTY  LOCATED  WITHIN OR WITHOUT THE STATE. A CLAIMING AUTHORITY
   32  MAY SEEK AN ORDER DIRECTING THAT SUCH  PERSON  OR  ENTITY  TRANSFER  THE
   33  PROPERTY  TO  THE  CLAIMING  AGENT TO BE HELD DURING THE PENDENCY OF THE
   34  ACTION.
   35    S 36. The tax law is amended by adding a new section  33  to  read  as
   36  follows:
   37    S  33.  DISCLOSURE OF TAX RETURNS OR REPORTS OF PARTICULARS THEREIN IN
   38  INVESTIGATION OR PROSECUTION OF STATE  OR  FEDERAL  TERRORISM  OFFENSES;
   39  SECRECY  REQUIREMENT  AND  PENALTY FOR VIOLATION.  (A) DISCLOSURE OF TAX
   40  RETURNS OR REPORTS OR PARTICULARS THEREIN IN CASES  INVOLVING  STATE  OR
   41  FEDERAL TERRORISM OFFENSES.  (1) NOTWITHSTANDING ANY PROVISION OF LAW TO
   42  THE  CONTRARY,  THE  COMMISSIONER  MAY  DIVULGE,  MAKE KNOWN OR DISCLOSE
   43  RETURNS OR REPORTS OR PARTICULARS SET FORTH OR DISCLOSED IN  ANY  RETURN
   44  OR REPORT REQUIRED UNDER ANY TAX OR OTHER IMPOSITION ADMINISTERED BY THE
   45  COMMISSIONER  UPON  THE  GRANT OF AN EX PARTE ORDER ISSUED BY A SUPERIOR
   46  COURT UNDER PARAGRAPH TWO OF THIS SUBDIVISION, OR IN RESPONSE TO A GRAND
   47  JURY SUBPOENA OR UPON A PARTICULARIZED WRITTEN REQUEST OF  THE  ATTORNEY
   48  GENERAL,  A STATE DISTRICT ATTORNEY, A FEDERAL PROSECUTOR, AN INDIVIDUAL
   49  SPECIFIED IN 26 U.S.C. 6103(I)(1)(B) OR ANY OTHER ATTORNEY  REPRESENTING
   50  THE  STATE  OR  THE UNITED STATES, WHICH STATES THAT SUCH INFORMATION IS
   51  SOUGHT IN CONNECTION WITH AN INVESTIGATION OR PROSECUTION OF AN  ACT  OR
   52  ACTS IN VIOLATION OF SECTION 470.21, 470.22, 470.23 OR 470.24 OR ARTICLE
   53  FOUR  HUNDRED NINETY OF THE PENAL LAW OR A FEDERAL TERRORISM OFFENSE AND
   54  THE INFORMATION IS OR MAY BE RELEVANT TO THE COMMISSION OF SUCH  ACT  OR
   55  ACTS.  ANY  SUCH  RETURN  OR REPORT OR PARTICULARS MAY BE REDISCLOSED TO
       A. 8878                            18
    1  FEDERAL, STATE OR LOCAL LAW ENFORCEMENT OFFICIALS PARTICIPATING  IN  THE
    2  INVESTIGATION OF TERRORIST ACTS OR THREATS.
    3    (2)  SUCH  ATTORNEY  GENERAL,  DISTRICT  ATTORNEY, FEDERAL PROSECUTOR,
    4  INDIVIDUAL SPECIFIED  IN  26  U.S.C.  6103(I)(1)(B)  OR  OTHER  ATTORNEY
    5  REPRESENTING THE STATE OR THE UNITED STATES MAY MAKE AN APPLICATION TO A
    6  SUPERIOR COURT FOR THE ORDER REFERRED TO IN PARAGRAPH ONE OF THIS SUBDI-
    7  VISION.  UPON  SUCH  APPLICATION,  SUCH COURT MAY GRANT SUCH ORDER IF IT
    8  DETERMINES ON THE BASIS OF THE FACTS SUBMITTED BY THE APPLICANT THAT:
    9    (A) THERE IS REASONABLE CAUSE TO BELIEVE THAT A CRIME IN VIOLATION  OF
   10  SECTION  470.21, 470.22, 470.23 OR 470.24 OR ARTICLE FOUR HUNDRED NINETY
   11  OF THE PENAL LAW OR A FEDERAL TERRORISM OFFENSE HAS BEEN COMMITTED;
   12    (B) THERE IS REASONABLE CAUSE TO BELIEVE THAT SUCH RETURN OR REPORT OR
   13  PARTICULARS ARE OR MAY BE RELEVANT TO A MATTER RELATING TO  THE  COMMIS-
   14  SION  OF  SUCH  CRIME  IN VIOLATION OF SECTION 470.21, 470.22, 470.23 OR
   15  470.24 OR ARTICLE FOUR HUNDRED NINETY OF THE  PENAL  LAW  OR  A  FEDERAL
   16  TERRORISM OFFENSE; AND
   17    (C)  SUCH  RETURN  OR REPORT OR PARTICULARS ARE SOUGHT EXCLUSIVELY FOR
   18  USE IN THE STATE OR  A  FEDERAL  CRIMINAL  INVESTIGATION  OR  PROCEEDING
   19  CONCERNING  SUCH CRIME IN VIOLATION OF SECTION 470.21, 470.22, 470.23 OR
   20  470.24 OR ARTICLE FOUR HUNDRED NINETY OF THE  PENAL  LAW  OR  A  FEDERAL
   21  TERRORISM  OFFENSE,  AND  THE  INFORMATION SOUGHT TO BE DISCLOSED CANNOT
   22  REASONABLY BE OBTAINED, UNDER THE CIRCUMSTANCES, FROM ANOTHER SOURCE.
   23    (3) IF ANY PERSON SPECIFIED IN PARAGRAPH ONE OF THIS  SUBDIVISION  HAS
   24  RECEIVED  ANY  SUCH  RETURN  OR  REPORT  OR  PARTICULARS PURSUANT TO THE
   25  PROVISIONS OF THIS SUBDIVISION, THEN SUCH PERSON  MAY  DISCLOSE  TO  THE
   26  COMMISSIONER  ANY INFORMATION DISCOVERED DURING THE COURSE OF ANY INVES-
   27  TIGATION OR JUDICIAL PROCEEDING REFERRED TO IN THIS  SUBDIVISION,  WHICH
   28  MAY  RELATE TO A VIOLATION OR VIOLATIONS OF THE PROVISIONS OF ANY TAX OR
   29  OTHER IMPOSITION ADMINISTERED BY THE COMMISSIONER.
   30    (4) IF SUCH ATTORNEY GENERAL, DISTRICT ATTORNEY,  FEDERAL  PROSECUTOR,
   31  INDIVIDUAL  SPECIFIED  IN  26  U.S.C.  6103(I)(1)(B)  OR  OTHER ATTORNEY
   32  REPRESENTING THE STATE OR  THE  UNITED  STATES  HAS  OBTAINED  ANY  SUCH
   33  RETURNS  OR  REPORTS  OR  PARTICULARS PURSUANT TO THE PROVISIONS OF THIS
   34  SUBDIVISION, THEN SUCH RETURNS OR REPORTS OR PARTICULARS MAY BE ADMITTED
   35  INTO EVIDENCE AND DISCLOSED IN ANY  JUDICIAL  PROCEEDING  PERTAINING  TO
   36  ENFORCEMENT OF A CRIME IN VIOLATION OF SECTION 470.21, 470.22, 470.23 OR
   37  470.24  OR  ARTICLE  FOUR  HUNDRED  NINETY OF THE PENAL LAW OR A FEDERAL
   38  TERRORISM OFFENSE OR RELATED CIVIL FORFEITURE (NOT INVOLVING TAX  ADMIN-
   39  ISTRATION) TO WHICH THE STATE OR THE UNITED STATES IS A PARTY.
   40    (B)  THIS  SECTION SHALL NOT APPLY TO ANY DISCLOSURE OF THE RETURNS OR
   41  REPORTS OR PARTICULARS DESCRIBED IN SUBDIVISION (A) OF THIS  SECTION  TO
   42  THE  EXTENT THAT SUCH DISCLOSURE IS PERMITTED OR AUTHORIZED BY ANY OTHER
   43  PROVISION OF THIS CHAPTER OR ANY PROVISION OF ANY TAX OR  OTHER  IMPOSI-
   44  TION ADMINISTERED BY THE COMMISSIONER.
   45    (C)  SECRECY  REQUIREMENT  AND  PENALTY  FOR  VIOLATION. (1) EXCEPT IN
   46  ACCORDANCE WITH PROPER JUDICIAL ORDER OR AS OTHERWISE PROVIDED  BY  LAW,
   47  IT  SHALL  BE  UNLAWFUL FOR ANY PERSON TO WHOM THE RETURNS OR REPORTS OR
   48  PARTICULARS DESCRIBED IN SUBDIVISION (A) OF THIS SECTION  ARE  DISCLOSED
   49  IN  ACCORDANCE  WITH THIS SECTION TO DIVULGE OR MAKE KNOWN IN ANY MANNER
   50  SUCH INCOME OR PARTICULARS FOR USES NOT AUTHORIZED UNDER THIS SECTION.
   51    (2) CROSS-REFERENCE. FOR CRIMINAL PENALTIES, SEE ARTICLE  THIRTY-SEVEN
   52  OF THIS CHAPTER.
   53    S  37.  Section 1825 of the tax law, as amended by section 2 of part E
   54  of chapter 25 of the laws of 2009, is amended to read as follows:
   55    S 1825. Violation of secrecy provisions of the  tax  law.--Any  person
   56  who  violates the provisions of subdivision (b) of section twenty-one AS
       A. 8878                            19
    1  ADDED BY CHAPTER 686 OF THE LAWS OF 2003, SECTION THIRTY-THREE, subdivi-
    2  sion one of section two hundred two, subdivision eight  of  section  two
    3  hundred  eleven,  subdivision  (a)  of  section  three hundred fourteen,
    4  subdivision  one  or  two  of section four hundred thirty-seven, section
    5  four hundred eighty-seven,  subdivision  one  or  two  of  section  five
    6  hundred  fourteen,  subsection  (e) of section six hundred ninety-seven,
    7  subsection (a) of section nine hundred ninety-four, subdivision  (a)  of
    8  section  eleven  hundred forty-six, section twelve hundred eighty-seven,
    9  subdivision (a) of section fourteen hundred eighteen, subsection (a)  of
   10  section fourteen hundred sixty-seven, subdivision (a) of section fifteen
   11  hundred  eighteen, subdivision (a) of section fifteen hundred fifty-five
   12  of this chapter, and subdivision (e) of section 11-1797 of the  adminis-
   13  trative code of the city of New York shall be guilty of a misdemeanor.
   14    S  38. Subdivision 1 of section 21 of the executive law, as amended by
   15  chapter 346 of the laws of 2002, is amended to read as follows:
   16    1. There is hereby created in  the  executive  department  a  disaster
   17  preparedness  commission  consisting of the commissioners of transporta-
   18  tion, health, division of criminal justice services,  education,  social
   19  services,  economic  development,  agriculture  and markets, housing and
   20  community renewal, general services, labor, environmental  conservation,
   21  mental  health,  the president of the New York state energy research and
   22  development authority, the superintendents of state  police,  insurance,
   23  banking, the secretary of state, the state fire administrator, the chair
   24  of  the public service commission, the adjutant general, the director of
   25  the state office for technology, the chairman of the thruway  authority,
   26  THE  DIRECTOR OF THE OFFICE OF HOMELAND SECURITY, the chief professional
   27  officer of the state coordinating chapter of the American Red Cross  and
   28  three  additional  members, to be appointed by the governor, two of whom
   29  shall be chief executives. The governor shall designate the chair of the
   30  commission.  The members of the commission, except those  who  serve  ex
   31  officio,  shall  be allowed their actual and necessary expenses incurred
   32  in the performance of their duties under this article but shall  receive
   33  no  additional compensation for services rendered pursuant to this arti-
   34  cle.
   35    S 39.  If  any  item,  clause,  sentence,  subparagraph,  subdivision,
   36  section  or  other  part  of this act, or the application thereof to any
   37  person or circumstances shall be held to be invalid, such holding  shall
   38  not  affect,  impair  or  invalidate  the  remainder of this act, or the
   39  application of such section or part of a section held  invalid,  to  any
   40  other person or circumstances, but shall be confined in its operation to
   41  the  item, clause, sentence, subparagraph, subdivision, section or other
   42  part of this act directly involved in such holding, or to the person and
   43  circumstances therein involved.
   44    S 40. This act shall take effect immediately, provided, that:
   45    (a) sections one, two, three, four and five of  this  act  shall  take
   46  effect  on  the first of November next succeeding the date on which this
   47  act shall have become a law;
   48    (b) the amendments to paragraph (a) of subdivision 1 of section 460.10
   49  of the penal law made by section eight of this act shall take effect  on
   50  the  same date and in the same manner as section 30 of part AAA of chap-
   51  ter 56 of the laws of 2009, takes effect;
   52    (c) the provisions of section 700.75 of the criminal procedure law, as
   53  added by section thirty-two of this act, and the provisions  of  section
   54  33  of  the  tax  law, as added by section thirty-six of this act, shall
   55  expire and be deemed repealed two years after the effective date of this
   56  act; and
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    1    (d) the amendments to section 1825 of the  tax  law  made  by  section
    2  thirty-seven  of  this act shall take effect on the same date and in the
    3  same manner as section 2 of part E of chapter 25 of the  laws  of  2009,
    4  takes effect.
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