LAWS OF NEW YORK, 2004
CHAPTER 1

EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law to be omitted.

AN ACT to amend the criminal procedure law, in relation to life-long prosecution for terrorism; to amend the criminal procedure law and the penal law, in relation to acts of terrorism; to amend the penal law, in relation to creating the crimes of criminal possession of a chemi cal or biological weapon in the first, second and third degrees and criminal use of a chemical or biological weapon in the first, second and third degrees; to amend the public health law, in relation to promulgating a list of select chemical agents and a list of select biological agents; to amend the executive law, in relation to the definition of designated offender; to amend the penal law, in relation to the placement of devices and objects which falsely appear to be hazardous substances; to amend the penal law, in relation to creating the crimes of money laundering in support of terrorism in the first, second, third and fourth degrees (Part A); to amend the executive law, in relation to establishing the state office of homeland security; and to repeal certain provisions of such law relating thereto (Part B); to amend the executive law, in relation to the creation of security measures for hazardous substances storage facilities (Part C); to amend the executive law, in relation to providing training to assure adequate response to incidents involving hazardous materials and weapons of mass destruction and protection of responders in all geographic areas of the state (Part D); to amend the state technology law, in relation to establishing the statewide wireless network advisory council (Part E); and to amend the transportation law, in relation to airport security (Part F)

Became a law July 23, 2004, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
Section 1. This act enacts into law major components of legislation
which are necessary to enact this chapter of the laws of 2004. Each
component is wholly contained within a Part identified as Parts A
through F. The effective date for each particular provision contained
within such Part is set forth in the last section of such Part. Any
provision in any section contained within a Part, including the effec-
tive date of the Part, which makes reference to a section "of this act",
when used in connection with that particular component, shall be deemed
to mean and refer to the corresponding section of the Part in which it
is found. Section three of this act sets forth the general effective
date of this act.
PART A
Section 1. Legislative intent. The tragic events of the September 11,
2001 attack, together with the more recent arrests of members of alleged
terrorist cells in Erie county and elsewhere throughout the world,
underscore the compelling need for further anti-terror measures to
enhance public safety. It is our nation's profound commitment to the
principles of democracy and the rule of law that enables us to respond
efficiently and effectively to the outrageous criminal acts of terror-
ists. Creating new criminal offenses and increasing penalties to enhance
the powers of law enforcement are necessary to combat their cowardly and
inhumane acts of terror.
A chemical or biological attack against a civilian population or the
threat of such an attack, however unimaginable before September 11,
2001, has become a stark and disturbing reality. The subsequent
outbreaks of anthrax, a deadly disease that caused death and illness
across our nation, awakened us to a new type of crime, a crime so inde-
cent that it threatens our values as well as our lives. Terrorists
committed to causing death and destruction with deadly or incapacitating
chemicals or biological weapons must be brought to justice and punished
severely. Although federal law explicitly proscribes such monstrous
conduct, state law does not. This act, modeled on federal law, punishes
those who criminally use or possess chemical or biological weapons and
imposes the penalty of life imprisonment without parole in appropriate
cases.
The images of the savage attack on the World Trade Center and the
Pentagon on September 11, 2001 will be forever emblazoned on the psyches
of all Americans. The slaughter of innocent civilians, and the sacrifice
of selfless police officers, brave firefighters, and other heroic emer-
gency services personnel, will never be forgotten. A crime of unimagina-
ble horror, terrorism tears at the very fabric of our society, threaten-
ing to rob us of our commitment to freedom, justice, and democracy. This
act protects that commitment by providing law enforcement officials with
appropriate and effective tools to investigate, prosecute, and punish
terrorists.
§ 2. Subdivision 3 of section 30.10 of the criminal procedure law is
amended by adding a new paragraph (g) to read as follows:
(g) A prosecution for any felony defined in article four hundred nine-
ty of the penal law must be commenced within eight years after the
commission thereof provided, however, that in a prosecution for a felony
defined in article four hundred ninety of the penal law, if the commis-
sion of such felony offense resulted in, or created a foreseeable risk
of, death or serious physical injury to another person, the prosecution
may be commenced at any time; provided, however, that nothing in this
paragraph shall be deemed to shorten or otherwise lessen the period,
defined in any other applicable law, in which a prosecution for a felony
designated in this paragraph may be commenced.
§ 3. Paragraph (q) of subdivision 8 of section 700.05 of the criminal
procedure law, as added by chapter 300 of the laws of 2001, is amended
to read as follows:
(q) Soliciting or providing support for an act of terrorism in the
second degree as defined in section 490.10 of the penal law, soliciting
or providing support for an act of terrorism in the first degree as
defined in section 490.15 of the penal law, making a terroristic threat
as defined in section 490.20 of the penal law, crime of terrorism as
defined in section 490.25 of the penal law, hindering prosecution of
terrorism in the second degree as defined in section 490.30 of the penal
law, [and] hindering prosecution of terrorism in the first degree as
defined in section 490.35 of the penal law, criminal possession of a
chemical weapon or biological weapon in the third degree as defined in
section 490.37 of the penal law, criminal possession of a chemical weap-
on or biological weapon in the second degree as defined in section
490.40 of the penal law, criminal possession of a chemical weapon or
biological weapon in the first degree as defined in section 490.45 of
the penal law, criminal use of a chemical weapon or biological weapon in
the third degree as defined in section 490.47 of the penal law, criminal
use of a chemical weapon or biological weapon in the second degree as
defined in section 490.50 of the penal law, and criminal use of a chemi-
cal weapon or biological weapon in the first degree as defined in
section 490.55 of the penal law.
§ 4. Section 60.06 of the penal law, as amended by chapter 1 of the
laws of 1995, is amended to read as follows:
§ 60.06 Authorized disposition; murder in the first degree offenders;
certain terrorism offenders; criminal possession of a chemical
weapon or biological weapon offenders; criminal use of a chem-
ical weapon or biological weapon offenders.
When a [person] defendant is convicted of murder in the first degree
as defined in section 125.27 of this chapter, the court shall, in
accordance with the provisions of section 400.27 of the criminal proce-
dure law, sentence the defendant to death, to life imprisonment without
parole in accordance with subdivision five of section 70.00 of this
[chapter] title, or to a term of imprisonment for a class A-I felony
other than a sentence of life imprisonment without parole, in accordance
with subdivisions one through three of section 70.00 of this [chapter]
title. When a defendant is convicted of the crime of terrorism as
defined in section 490.25 of this chapter, and the specified offense the
defendant committed is a class A-I felony offense, or when a defendant
is convicted of the crime of criminal possession of a chemical weapon or
biological weapon in the first degree as defined in section 490.45 of
this chapter, or when a defendant is convicted of the crime of criminal
use of a chemical weapon or biological weapon in the first degree as
defined in section 490.55 of this chapter, the court shall sentence the
defendant to life imprisonment without parole in accordance with subdi-
vision five of section 70.00 of this title; provided, however, that
nothing in this section shall preclude or prevent a sentence of death
when the defendant is also convicted of murder in the first degree as
defined in section 125.27 of this chapter.
§ 5. Subdivision 5 of section 70.00 of the penal law, as added by
chapter 1 of the laws of 1995, is amended to read as follows:
5. Life imprisonment without parole. Notwithstanding any other
provision of law, a defendant sentenced to life imprisonment without
parole shall not be or become eligible for parole or conditional
release. For purposes of commitment and custody, other than parole and
conditional release, such sentence shall be deemed to be an indetermi-
nate sentence. A defendant may be sentenced to life imprisonment with-
out parole [only] upon conviction for the crime of murder in the first
degree as defined in section 125.27 of this chapter and in accordance
with the procedures provided by law for imposing a sentence for such
crime. A defendant must be sentenced to life imprisonment without
parole upon conviction for the crime of terrorism as defined in section
490.25 of this chapter, where the specified offense the defendant
committed is a class A-I felony; the crime of criminal possession of a
chemical weapon or biological weapon in the first degree as defined in
section 490.45 of this chapter; or the crime of criminal use of a chemi-
cal weapon or biological weapon in the first degree as defined in
section 490.55 of this chapter; provided, however, that nothing in this
subdivision shall preclude or prevent a sentence of death when the
defendant is also convicted of the crime of murder in the first degree
as defined in section 125.27 of this chapter.
§ 6. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the
penal law, paragraph (a) as amended by chapter 264 of the laws of 2003
and paragraph (b) as amended by chapter 300 of the laws of 2001, are
amended to read as follows:
(a) Class B violent felony offenses: an attempt to commit the class
A-I felonies of murder in the second degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20, rape in the first degree
as defined in section 130.35, criminal sexual act in the first degree as
defined in section 130.50, aggravated sexual abuse in the first degree
as defined in section 130.70, course of sexual conduct against a child
in the first degree as defined in section 130.75; assault in the first
degree as defined in section 120.10, kidnapping in the second degree as
defined in section 135.20, burglary in the first degree as defined in
section 140.30, arson in the second degree as defined in section 150.15,
robbery in the first degree as defined in section 160.15, criminal
possession of a dangerous weapon in the first degree as defined in
section 265.04, criminal use of a firearm in the first degree as defined
in section 265.09, criminal sale of a firearm in the first degree as
defined in section 265.13, aggravated assault upon a police officer or a
peace officer as defined in section 120.11, gang assault in the first
degree as defined in section 120.07, intimidating a victim or witness in
the first degree as defined in section 215.17, [and] hindering prose-
cution of terrorism in the first degree as defined in section 490.35,
criminal possession of a chemical weapon or biological weapon in the
second degree as defined in section 490.40, and criminal use of a chemi-
cal weapon or biological weapon in the third degree as defined in
section 490.47.
(b) Class C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a); aggravated sexual abuse in
the second degree as defined in section 130.67, assault on a peace offi-
cer, police officer, fireman or emergency medical services professional
as defined in section 120.08, gang assault in the second degree as
defined in section 120.06, burglary in the second degree as defined in
section 140.25, robbery in the second degree as defined in section
160.10, criminal possession of a weapon in the second degree as defined
in section 265.03, criminal use of a firearm in the second degree as
defined in section 265.08, criminal sale of a firearm in the second
degree as defined in section 265.12, criminal sale of a firearm with the
aid of a minor as defined in section 265.14, soliciting or providing
support for an act of terrorism in the first degree as defined in
section 490.15 [and], hindering prosecution of terrorism in the second
degree as defined in section 490.30, and criminal possession of a chemi-
cal weapon or biological weapon in the third degree as defined in
section 490.37.
§ 7. Subdivision 3 of section 490.05 of the penal law, as amended by
chapter 619 of the laws of 2002, is amended to read as follows:
3. (a) "Specified offense" for purposes of this article means a class
A felony offense other than an offense as defined in article two hundred
twenty, a violent felony offense as defined in section 70.02,
manslaughter in the second degree as defined in section 125.15, criminal
tampering in the first degree as defined in section 145.20, identity
5 CHAP. 1
theft in the second degree as defined in section 190.79, identity theft
in the first degree as defined in section 190.80, unlawful possession of
personal identification information in the second degree as defined in
section 190.82, [and] unlawful possession of personal identification
information in the first degree as defined in section 190.83, money
laundering in support of terrorism in the fourth degree as defined in
section 470.21, money laundering in support of terrorism in the third
degree as defined in section 470.22, money laundering in support of
terrorism in the second degree as defined in section 470.23, money laun-
dering in support of terrorism in the first degree as defined in section
470.24 of this chapter, and includes an attempt or conspiracy to commit
any such offense.
(b) Notwithstanding the provisions of paragraph (a) of this subdivi-
sion, a specified offense shall not mean an offense defined in sections
490.37, 490.40, 490.45, 490.47, 490.50, and 490.55 of this article, nor
shall a specified offense mean an attempt to commit any such offense.
§ 8. Section 490.05 of the penal law is amended by adding thirteen new
subdivisions 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 to read as
follows:
5. "Biological agent" means any micro-organism, virus, infectious
substance, or biological product that may be engineered as a result of
biotechnology, or any naturally occurring or bioengineered component of
any such micro-organism, virus, infectious substance, or biological
product, capable of causing:
(a) death, disease, or other biological malfunction in a human, an
animal, a plant, or another living organism;
(b) deterioration of food, water, equipment, supplies, or material of
any kind; or
(c) deleterious alteration of the environment.
6. "Toxin" means the toxic material of plants, animals, micro-organ-
isms, viruses, fungi, or infectious substances, or a recombinant mole-
cule, whatever its origin or method of production, including:
(a) any poisonous substance or biological product that may be engi-
neered as a result of biotechnology produced by a living organism; or
(b) any poisonous isomer or biological product, homolog, or derivative
of such a substance.
7. "Delivery system" means:
(a) any apparatus, equipment, device, or means of delivery specif-
ically designed to deliver or disseminate a biological agent, toxin, or
vector; or
(b) any vector.
8. "Vector" means a living organism, or molecule, including a recombi-
nant molecule, or biological product that may be engineered as a result
of biotechnology, capable of carrying a biological agent or toxin to a
host.
9. "Biological weapon" means any biological agent, toxin, vector, or
delivery system or combination thereof.
10. "Chemical weapon" means the following, together or separately:
(a) a toxic chemical or its precursors;
(b) a munition or device specifically designed to cause death or other
harm through the toxic properties of a toxic chemical or its precursors,
which would be released as a result of the employment of such munition
or device;
(c) any equipment specifically designed for use directly in connection
with the employment of munitions or devices; or
(d) any device that is designed to release radiation or radioactivity
at a level dangerous to human life.
11. "Precursor" means any chemical reactant that takes part at any
stage in the production by whatever method of a toxic chemical, includ-
ing any key component of a binary or multicomponent chemical system, and
includes precursors which have been identified for application of
verification measures under article VI of the convention in schedules
contained in the annex on chemicals of the chemical weapons convention.
12. "Key component of a binary or multicomponent chemical system"
means the precursor which plays the most important role in determining
the toxic properties of the final product and reacts rapidly with other
chemicals in the binary or multicomponent system.
13. "Toxic chemical" means any chemical which through its chemical
action on life processes can cause death, serious physical injury or
permanent harm to humans or animals, including all such chemicals,
regardless of their origin or of their method of production, and regard-
less of whether they are produced in facilities, in munitions or else-
where, and includes toxic chemicals which have been identified by the
commissioner of health and included on the list of toxic chemicals
pursuant to subdivision twenty of section two hundred six of the public
health law.
14. The terms "biological agent", "toxin", and "toxic chemical" do not
include any biological agent, toxin or toxic chemical that is in its
naturally occurring environment, if the biological agent, toxin or toxic
chemical has not been cultivated, collected, or otherwise extracted from
its natural source.
15. "Select chemical agent" shall mean a chemical weapon which has
been identified in regulations promulgated pursuant to subdivision twen-
ty of section two hundred six of the public health law.
16. "Select biological agent" shall mean a biological weapon which has
been identified in regulations promulgated pursuant to subdivision twen-
ty-one of section two hundred six of the public health law.
17. "Chemical weapons convention" and "convention" mean the convention
on the prohibition of the development, production, stockpiling and use
of chemical weapons and on their destruction, opened for signature on
January thirteenth, nineteen hundred ninety-three.
§ 9. The penal law is amended by adding seven new sections 490.37,
490.40, 490.45, 490.47, 490.50, 490.55, and 490.70 to read as follows:
§ 490.37 Criminal possession of a chemical weapon or biological weapon
in the third degree.
A person is guilty of criminal possession of a chemical weapon or
biological weapon in the third degree when he or she possesses any
select chemical agent or select biological agent under circumstances
evincing an intent by the defendant to use such weapon to cause serious
physical injury or death to another person.
Criminal possession of a chemical weapon or biological weapon in the
third degree is a class C felony.
§ 490.40 Criminal possession of a chemical weapon or biological weapon
in the second degree.
A person is guilty of criminal possession of a chemical weapon or
biological weapon in the second degree when he or she possesses any
chemical weapon or biological weapon with intent to use such weapon to:
1. (a) cause serious physical injury to, or the death of, another
person; and
(b) (i) intimidate or coerce a civilian population;
(ii) influence the policy of a unit of government by intimidation or
coercion; or
(iii) affect the conduct of a unit of government by murder, assassi-
nation, or kidnapping.
2. cause serious physical injury to, or the death of, more than two
persons.
Criminal possession of a chemical weapon or biological weapon in the
second degree is a class B felony.
§ 490.45 Criminal possession of a chemical weapon or biological weapon
in the first degree.
A person is guilty of criminal possession of a chemical weapon or
biological weapon in the first degree when he or she possesses:
1. any select chemical agent, with intent to use such agent to:
(a) cause serious physical injury to, or the death of, another person;
and
(b) (i) intimidate or coerce a civilian population;
(ii) influence the policy of a unit of government by intimidation or
coercion; or
(iii) affect the conduct of a unit of government by murder, assassi-
nation, or kidnapping.
2. any select chemical agent, with intent to use such agent to cause
serious physical injury to, or the death of, more than two other
persons; or
3. any select biological agent, with intent to use such agent to cause
serious physical injury to, or the death of, another person.
Criminal possession of a chemical weapon or biological weapon in the
first degree is a class A-I felony.
§ 490.47 Criminal use of a chemical weapon or biological weapon in the
third degree.
A person is guilty of criminal use of a chemical weapon or biological
weapon in the third degree when, under circumstances evincing a depraved
indifference to human life, he or she uses, deploys, releases, or causes
to be used, deployed, or released any select chemical agent or select
biological agent, and thereby creates a grave risk of death or serious
physical injury to another person not a participant in the crime.
Criminal use of a chemical weapon or biological weapon in the third
degree is a class B felony.
§ 490.50 Criminal use of a chemical weapon or biological weapon in the
second degree.
A person is guilty of criminal use of a chemical weapon or biological
weapon in the second degree when he or she uses, deploys, releases, or
causes to be used, deployed, or released, any chemical weapon or biolog-
ical weapon, with intent to:
1. cause serious physical injury to, or the death of, another person;
and
2. (a) intimidate or coerce a civilian population;
(b) influence the policy of a unit of government by intimidation or
coercion; or
(c) to affect the conduct of a unit of government by murder, assassi-
nation, or kidnapping.
Criminal use of a chemical weapon or biological weapon in the second
degree is a class A-II felony.
§ 490.55 Criminal use of a chemical weapon or biological weapon in the
first degree.
A person is guilty of criminal use of a chemical weapon or biological
weapon in the first degree when:
1. with intent to:
(a) cause serious physical injury to, or the death of, another person;
and
(b) (i) intimidate or coerce a civilian population;
(ii) influence the policy of a unit of government by intimidation or
coercion; or
(iii) affect the conduct of a unit of government by murder, assassi-
nation, or kidnapping;
he or she uses, deploys, releases, or causes to be used, deployed, or
released any select chemical agent and thereby causes serious physical
injury to, or the death of, another person who is not a participant in
the crime.
2. with intent to cause serious physical injury to, or the death of,
more than two persons, he or she uses, deploys, releases, or causes to
be used, deployed, or released any select chemical agent and thereby
causes serious physical injury to, or the death of, more than two
persons who are not participants in the crime; or
3. with intent to cause serious physical injury to, or the death of,
another person, he or she uses, deploys, releases, or causes to be used,
deployed, or released any select biological agent and thereby causes
serious physical injury to, or the death of, another person who is not a
participant in the crime.
Criminal use of a chemical weapon or biological weapon in the first
degree is a class A-I felony.
§ 490.70 Limitations.
1. The provisions of sections 490.37, 490.40, 490.45, 490.47, 490.50,
and 490.55 of this article shall not apply where the defendant possessed
or used:
(a) any household product generally available for sale to consumers in
this state in the quantity and concentration available for such sale;
(b) a self-defense spray device in accordance with the provisions of
paragraph fourteen of subdivision a of section 265.20 of this chapter;
(c) a chemical weapon solely for a purpose not prohibited under this
chapter, as long as the type and quantity is consistent with such a
purpose; or
(d) a biological agent, toxin, or delivery system solely for prophy-
lactic, protective, bona fide research, or other peaceful purposes.
2. For the purposes of this section, the phrase "purposes not prohib-
ited by this chapter" means the following:
(a) any peaceful purpose related to an industrial, agricultural,
research, medical, or pharmaceutical activity or other peaceful activ-
ity;
(b) any purpose directly related to protection against toxic chemicals
and to protection against chemical weapons;
(c) any military purpose of the United States that is not connected
with the use of a chemical weapon or that is not dependent on the use of
the toxic or poisonous properties of the chemical weapon to cause death
or other harm; and
(d) any law enforcement purpose, including any domestic riot control
purpose and including imposition of capital punishment.
§ 10. Section 200.65 of the criminal procedure law, as added by chap-
ter 516 of the laws of 1986, is amended to read as follows:
§ 200.65 Indictment; special information for enterprise corruption and
criminal possession or use of a biological weapon or chemical
weapon.
9 CHAP. 1
When filing an indictment which charges enterprise corruption in
violation of article four hundred sixty of the penal law, criminal
possession of a chemical weapon or biological weapon in violation of
section 490.37, 490.40, or 490.45 of the penal law, or criminal use of a
chemical weapon or biological weapon in violation of section 490.47,
490.50, or 490.55 of the penal law, the district attorney must submit a
statement to the court attesting that he or she has reviewed the
substance of the evidence presented to the grand jury and concurs in the
judgment that the charge is consistent with legislative findings in
[said] article four hundred sixty or four hundred ninety of the penal
law, as applicable. For purposes of this section only, "district attor-
ney" means the district attorney of the county, the attorney general, or
the deputy attorney general in charge of the organized crime task force,
or where such person is actually absent or disabled, the person author-
ized to act in his or her stead.
§ 11. Subdivision 1 of section 110.05 of the penal law, as amended by
chapter 367 of the laws of 1974, is amended to read as follows:
1. Class A-I felony when the crime attempted is the A-I felony of
murder in the first degree, criminal possession of a controlled sub-
stance in the first degree [or], criminal sale of a controlled substance
in the first degree, criminal possession of a chemical or biological
weapon in the first degree or criminal use of a chemical or biological
weapon in the first degree;
§ 12. Section 206 of the public health law is amended by adding two
new subdivisions 20 and 21 to read as follows:
20. The commissioner shall, in consultation with the superintendent of
state police, promulgate, by regulation, a list of "select chemical
agents" which shall consist only of those toxic chemicals which have
been identified, as of the effective date of this subdivision, for the
application of verification measures under article VI of the convention
on the prohibition of the development, production, stockpiling and use
of chemical weapons and on their destruction, opened for signature on
January thirteenth, nineteen hundred ninety-three, in schedules
contained in the annex to said convention. The commissioner may, from
time to time, promulgate regulations amending said list in the event
that the schedules contained in the annex to the convention are amended,
revised, modified or repealed, so that the list of select chemical
agents promulgated pursuant to this subdivision conforms in whole or in
part to any such amended, revised, modified or repealed list, if the
commissioner determines that any such amendment, revision, modification
or repeal is consistent with the purposes of this chapter.
21. The commissioner shall, in consultation with the superintendent of
state police, promulgate, by regulation, a list of "select biological
agents" which shall consist only of those select biological agents which
have been identified, as of the effective date of this subdivision, by
the United States Secretary of Health and Human Services and placed on
the select agent list established pursuant to section 511 (d) of the
Antiterrorism and Effective Death Penalty Act, Pub. L. 104-132 at 42
C.F.R. Part 72. The commissioner may, from time to time, promulgate
regulations amending said list in the event that the list of select
biological agents promulgated by federal regulations is amended,
revised, modified or repealed, so that the list of select biological
agents promulgated pursuant to this subdivision conforms in whole or in
part to any such amended, revised, modified or repealed list, if the
commissioner determines that any such amendment, revision, modification
or repeal is consistent with the purposes of this chapter.
§ 13. Paragraph (a) of subdivision 7 of section 995 of the executive
law, as amended by chapter 560 of the laws of 1999, is amended to read
as follows:
(a)[:] sections 120.05, 120.10, and 120.11, relating to assault;
sections 125.15 through 125.27 relating to homicide; sections 130.25,
130.30, 130.35, 130.40, 130.45, 130.50, 130.67 and 130.70, relating to
sex offenses; sections 205.10, 205.15, 205.17 and 205.19, relating to
escape and other offenses, where the offender has been convicted within
the previous five years of one of the other felonies specified in this
subdivision; or section 255.25, relating to incest, a violent felony
offense as defined in subdivision one of section 70.02 of the penal law,
attempted murder in the first degree, as defined in section 110.00 and
section 125.27 of the penal law, kidnapping in the first degree, as
defined in section 135.25 of the penal law, arson in the first degree,
as defined in section 150.20 of the penal law, burglary in the third
degree, as defined in section 140.20 of the penal law [or], attempted
burglary in the third degree, as defined in section 110.00 and section
140.20 of the penal law, a felony defined in article four hundred ninety
of the penal law relating to terrorism or any attempt to commit an
offense defined in such article relating to terrorism which is a felony;
or
§ 14. Section 240.61 of the penal law, as amended by chapter 561 of
the laws of 1999 and the closing paragraph as amended by chapter 301 of
the laws of 2001, is amended to read as follows:
§ 240.61 Placing a false bomb or hazardous substance in the second
degree.
A person is guilty of placing a false bomb or hazardous substance in
the second degree when he or she places, or causes to be placed, any
device or object that by its design, construction, content or character-
istics appears to be or to contain, a bomb, destructive device [or],
explosive or hazardous substance, but is, in fact, an inoperative
facsimile or imitation of such a bomb, destructive device [or],
explosive or hazardous substance and which he or she knows, intends or
reasonably believes will appear to be a bomb, destructive device,
explosive or hazardous substance under circumstances in which it is
likely to cause public alarm or inconvenience.
Placing a false bomb or hazardous substance in the second degree is a
class E felony.
§ 15. Section 240.62 of the penal law, as amended by chapter 301 of
the laws of 2001, is amended to read as follows:
§ 240.62 Placing a false bomb or hazardous substance in the first
degree.
A person is guilty of placing a false bomb or hazardous substance in
the first degree when he or she places, or causes to be placed, in or
upon school grounds, a public building, or a public place any device or
object that by its design, construction, content or characteristics
appears to be or to contain, a bomb, destructive device [or], explosive
or hazardous substance, but is, in fact, an inoperative facsimile or
imitation of such a bomb, destructive device [or], explosive or hazard-
ous substance and which he or she knows, intends or reasonably believes
will appear to be a bomb, destructive device, explosive or hazardous
substance under circumstances in which it is likely to cause public
alarm or inconvenience. For purposes of this section the term "public
building" shall have the meaning set forth in section four hundred one
of the executive law.
Placing a false bomb or hazardous substance in the first degree is a
class D felony.
§ 16. Section 240.63 of the penal law, as amended by chapter 301 of
the laws of 2001, is amended to read as follows:
§ 240.63 Placing a false bomb or hazardous substance in a sports stadium
or arena, mass transportation facility or enclosed shopping
mall.
A person is guilty of placing a false bomb or hazardous substance in a
sports stadium or arena, mass transportation facility or enclosed shop-
ping mall when he or she places, or causes to be placed, in a sports
stadium or arena, mass transportation facility or enclosed shopping
mall, in which it is likely that persons are present, any device or
object that by its design, construction, content or characteristics
appears to be or to contain a bomb, destructive device [or], explosive
or hazardous substance, but is, in fact, an inoperative facsimile or
imitation of such a bomb, destructive device [or], explosive or hazard-
ous substance and which he or she knows, intends or reasonably believes
will appear to be a bomb, destructive device, explosive or hazardous
substance under circumstances in which it is likely to cause public
alarm or inconvenience. For purposes of this section, "sports stadium or
arena, mass transportation facility or enclosed shopping mall" shall
have its natural meaning.
Placing a false bomb or hazardous substance in a sports stadium or
arena, mass transportation facility or enclosed shopping mall is a class
D felony.
§ 17. Section 470.03 of the penal law, as added by chapter 489 of the
laws of 2000, is amended to read as follows:
§ 470.03 Money laundering: aggregation of value; other matters.
1. For purposes of subdivisions one and three of sections 470.05,
470.10, [and] 470.15, 470.21, 470.22 and 470.23, and for purposes of
subdivisions one and two of [section] sections 470.20[,] and 470.24 of
this article, financial transactions may be considered together and the
value of the property involved may be aggregated, provided that the
transactions are all part of a single "criminal transaction" as defined
in subdivision two of section 40.10 of the criminal procedure law.
2. For purposes of subdivision two of sections 470.05, 470.10 [and],
470.15, 470.21, 470.22 and 470.23 of this article, separate occasions
involving the transport, transmittal or transfer of monetary instruments
may be considered together and the value of the monetary instruments
involved may be aggregated, provided that the occasions are all part of
a single "criminal transaction" as defined in subdivision two of section
40.10 of the criminal procedure law.
3. Nothing in [section] sections 470.05, 470.21, 470.22, 470.23 and
470.24; paragraph (b) of subdivision one, paragraph (b) of subdivision
two and paragraph (b) of subdivision three of section 470.10; paragraph
(b) of subdivision one, paragraph (b) of subdivision two and paragraph
(b) of subdivision three of section 470.15; or paragraph (b) of subdivi-
sion one and paragraph (b) of subdivision two of section 470.20 of this
article shall make it unlawful to return funds held in escrow:
(a) as a portion of a purchase price for real property pursuant to a
contract of sale; or
(b) to satisfy the tax or other lawful obligations arising out of an
administrative or judicial proceeding concerning the person who provided
the escrow funds.
§ 18. The penal law is amended by adding four new sections 470.21,
470.22, 470.23 and 470.24 to read as follows:
§ 470.21 Money laundering in support of terrorism in the fourth degree.
A person is guilty of money laundering in support of terrorism in the
fourth degree when:
1. Knowing that the property involved in one or more financial trans-
actions represents either the proceeds of an act of terrorism as defined
in subdivision one of section 490.05 of this part, or a monetary instru-
ment given, received or intended to be used to support a violation of
article four hundred ninety of this part:
(a) he or she conducts one or more such financial transactions which
in fact involve either the proceeds of an act of terrorism as defined in
subdivision one of section 490.05 of this part, or a monetary instrument
given, received or intended to be used to support a violation of article
four hundred ninety of this part:
(i) With intent to:
(A) promote the carrying on of criminal conduct; or
(B) engage in conduct constituting a felony as set forth in section
eighteen hundred two, eighteen hundred three, eighteen hundred four,
eighteen hundred five, eighteen hundred seven or eighteen hundred eight
of the tax law; or
(ii) Knowing that the transaction or transactions in whole or in part
are designed to:
(A) conceal or disguise the nature, the location, the source, the
ownership or the control of either the proceeds of an act of terrorism
as defined in subdivision one of section 490.05 of this part, or a mone-
tary instrument given, received or intended to be used to support a
violation of article four hundred ninety of this part; or
(B) avoid any transaction reporting requirement imposed by law; and
(b) the total value of the property involved in such financial trans-
action or transactions exceeds one thousand dollars; or
2. Knowing that one or more monetary instruments represents either the
proceeds of an act of terrorism as defined in subdivision one of section
490.05 of this part, or a monetary instrument given, received or
intended to be used to support a violation of article four hundred nine-
ty of this part:
(a) he or she transports, transmits, or transfers on one or more occa-
sions, monetary instruments which in fact represent either the proceeds
of an act of terrorism as defined in subdivision one of section 490.05
of this part, or a monetary instrument given, received or intended to be
used to support a violation of article four hundred ninety of this part:
(i) With intent to promote the carrying on of criminal conduct; or
(ii) Knowing that such transportation, transmittal, or transfer is
designed in whole or in part to:
(A) conceal or disguise the nature, the location, the source, the
ownership, or the control of either the proceeds of an act of terrorism
as defined in subdivision one of section 490.05 of this part, or a mone-
tary instrument given, received or intended to be used to support a
violation of article four hundred ninety of this part; or
(B) avoid any transaction reporting requirement imposed by law; and
(b) the total value of such monetary instrument or instruments exceeds
two thousand dollars; or
3. He or she conducts one or more financial transactions:
(a) involving property represented to be either the proceeds of an act
of terrorism as defined in subdivision one of section 490.05 of this
part, or a monetary instrument given, received or intended to be used to
support a violation of article four hundred ninety of this part, with
intent to:
(i) promote the carrying on of specified criminal conduct; or
(ii) conceal or disguise the nature, the location, the source, the
ownership or the control of property believed to be either the proceeds
of an act of terrorism as defined in subdivision one of section 490.05
of this part, or a monetary instrument given, received or intended to be
used to support a violation of article four hundred ninety of this part;
or
(iii) avoid any transaction reporting requirement imposed by law; and
(b) the total value of the property involved in such financial trans-
action or transactions exceeds two thousand dollars.
Money laundering in support of terrorism in the fourth degree is a
class E felony.
§ 470.22 Money laundering in support of terrorism in the third degree.
A person is guilty of money laundering in support of terrorism in the
third degree when:
1. Knowing that the property involved in one or more financial trans-
actions represents either the proceeds of an act of terrorism as defined
in subdivision one of section 490.05 of this part, or a monetary instru-
ment given, received or intended to be used to support a violation of
article four hundred ninety of this part:
(a) he or she conducts one or more such financial transactions which
in fact involve either the proceeds of an act of terrorism as defined in
subdivision one of section 490.05 of this part, or a monetary instrument
given, received or intended to be used to support a violation of article
four hundred ninety of this part:
(i) With intent to:
(A) promote the carrying on of specified criminal conduct; or
(B) engage in conduct constituting a felony as set forth in section
eighteen hundred two, eighteen hundred three, eighteen hundred four,
eighteen hundred five, eighteen hundred seven or eighteen hundred eight
of the tax law; or
(ii) Knowing that the transaction or transactions in whole or in part
are designed to:
(A) conceal or disguise the nature, the location, the source, the
ownership or the control of either the proceeds of an act of terrorism
as defined in subdivision one of section 490.05 of this part, or a mone-
tary instrument given, received or intended to be used to support a
violation of article four hundred ninety of this part; or
(B) avoid any transaction reporting requirement imposed by law; and
(b) the total value of the property involved in such financial trans-
action or transactions exceeds five thousand dollars; or
2. Knowing that one or more monetary instruments represent either the
proceeds of an act of terrorism as defined in subdivision one of section
490.05 of this part, or a monetary instrument given, received or
intended to be used to support a violation of article four hundred nine-
ty of this part:
(a) he or she transports, transmits, or transfers or attempts to
transport, transmit or transfer, on one or more occasions, monetary
instruments which in fact represent either the proceeds of an act of
terrorism as defined in subdivision one of section 490.05 of this part,
or a monetary instrument given, received or intended to be used to
support a violation of article four hundred ninety of this part from a
place in any county in this state to or through a place outside that
county or to a place in any county in this state from or through a place
outside that county:
(i) With intent to promote the carrying on of specified criminal
conduct; or
(ii) Knowing that such transportation, transmittal or transfer is
designed in whole or in part to:
(A) conceal or disguise the nature, the location, the source, the
ownership or the control of either the proceeds of an act of terrorism
as defined in subdivision one of section 490.05 of this part, or a mone-
tary instrument given, received or intended to be used to support a
violation of article four hundred ninety of this part; or
(B) avoid any transaction reporting requirement imposed by law; and
(b) The total value of such monetary instrument or instruments exceeds
five thousand dollars; or
3. He or she conducts one or more financial transactions involving
property represented to be either the proceeds of an act of terrorism as
defined in subdivision one of section 490.05 of this part, or a monetary
instrument given, received or intended to be used to support a violation
of article four hundred ninety of this part:
(a) With intent to:
(i) promote the carrying on of specified criminal conduct; or
(ii) conceal or disguise the nature, the location, the source, the
ownership or the control of property believed to be either the proceeds
of an act of terrorism as defined in subdivision one of section 490.05
of this part, or a monetary instrument given, received or intended to be
used to support a violation of article four hundred ninety of this part;
or
(iii) avoid any transaction reporting requirement imposed by law; and
(b) The total value of the property involved in such financial trans-
action or transactions exceeds five thousand dollars.
Money laundering in support of terrorism in the third degree is a
class D felony.
§ 470.23 Money laundering in support of terrorism in the second degree.
A person is guilty of money laundering in support of terrorism in the
second degree when:
1. Knowing that the property involved in one or more financial trans-
actions represents either the proceeds of an act of terrorism as defined
in subdivision one of section 490.05 of this part, or a monetary instru-
ment given, received or intended to be used to support a violation of
article four hundred ninety of this part:
(a) he or she conducts one or more such financial transactions which
in fact involve either the proceeds of an act of terrorism as defined in
subdivision one of section 490.05 of this part, or a monetary instrument
given, received or intended to be used to support a violation of article
four hundred ninety of this part:
(i) With intent to:
(A) promote the carrying on of specified criminal conduct; or
(B) engage in conduct constituting a felony as set forth in section
eighteen hundred two, eighteen hundred three, eighteen hundred four,
eighteen hundred five, eighteen hundred seven or eighteen hundred eight
of the tax law; or
(ii) Knowing that the transaction or transactions in whole or in part
are designed to:
(A) conceal or disguise the nature, the location, the source, the
ownership or the control of either the proceeds of an act of terrorism
as defined in subdivision one of section 490.05 of this part, or a mone-
tary instrument given, received or intended to be used to support a
violation of article four hundred ninety of this part; or
(B) avoid any transaction reporting requirement imposed by law; and
(b) the total value of the property involved in such financial trans-
action or transactions exceeds twenty-five thousand dollars; or
2. Knowing that one or more monetary instruments represent either the
proceeds of an act of terrorism as defined in subdivision one of section
490.05 of this part, or a monetary instrument given, received or
intended to be used to support a violation of article four hundred nine-
ty of this part:
(a) he or she transports, transmits, or transfers or attempts to
transport, transmit or transfer, on one or more occasions, monetary
instruments which in fact represent either the proceeds of an act of
terrorism as defined in subdivision one of section 490.05 of this part,
or a monetary instrument given, received or intended to be used to
support a violation of article four hundred ninety of this part from a
place in any county in this state to or through a place outside that
county or to a place in any county in this state from or through a place
outside that county:
(i) With intent to promote the carrying on of specified criminal
conduct; or
(ii) Knowing that such transportation, transmittal or transfer is
designed in whole or in part to:
(A) conceal or disguise the nature, the location, the source, the
ownership or the control of either the proceeds of an act of terrorism
as defined in subdivision one of section 490.05 of this part, or a mone-
tary instrument given, received or intended to be used to support a
violation of article four hundred ninety of this part; or
(B) avoid any transaction reporting requirement imposed by law; and
(b) the total value of such monetary instrument or instruments exceeds
twenty-five thousand dollars; or
3. He or she conducts one or more financial transactions involving
property represented to be either the proceeds of an act of terrorism as
defined in subdivision one of section 490.05 of this part, or a monetary
instrument given, received or intended to be used to support a violation
of article four hundred ninety of this part:
(a) With intent to:
(i) promote the carrying on of specified criminal conduct; or
(ii) conceal or disguise the nature, the location, the source, the
ownership or the control of property believed to be either the proceeds
of an act of terrorism as defined in subdivision one of section 490.05
of this part, or a monetary instrument given, received or intended to be
used to support a violation of article four hundred ninety of this part;
or
(iii) avoid any transaction reporting requirement imposed by law; and
(b) The total value of the property involved in such financial trans-
action or transactions exceeds twenty-five thousand dollars.
Money laundering in support of terrorism in the second degree is a
class C felony.
§ 470.24 Money laundering in support of terrorism in the first degree.
A person is guilty of money laundering in support of terrorism in the
first degree when:
1. Knowing that the property involved in one or more financial trans-
actions represents either the proceeds of an act of terrorism as defined
in subdivision one of section 490.05 of this part, or a monetary instru-
ment given, received or intended to be used to support a violation of
article four hundred ninety of this part:
(a) he or she conducts one or more financial transactions which in
fact involve either the proceeds of an act of terrorism as defined in
subdivision one of section 490.05 of this part, or a monetary instrument
given, received or intended to be used to support a violation of article
four hundred ninety of this part:
(i) With intent to:
(A) promote the carrying on of specified criminal conduct; or
(B) engage in conduct constituting a felony as set forth in section
eighteen hundred two, eighteen hundred three, eighteen hundred four,
eighteen hundred five, eighteen hundred seven or eighteen hundred eight
of the tax law; or
(ii) Knowing that the transaction or transactions in whole or in part
are designed to:
(A) conceal or disguise the nature, the location, the source, the
ownership or the control of the proceeds of either the proceeds of an
act of terrorism as defined in subdivision one of section 490.05 of this
part, or a monetary instrument given, received or intended to be used to
support a violation of article four hundred ninety of this part; or
(B) avoid any transaction reporting requirement imposed by law; and
(iii) The total value of the property involved in such financial tran-
saction or transactions exceeds seventy-five thousand dollars.
2. He or she conducts one or more financial transactions involving
property represented to be either the proceeds of an act of terrorism as
defined in subdivision one of section 490.05 of this part, or a monetary
instrument given, received or intended to be used to support a violation
of article four hundred ninety of this part:
(a) With intent to:
(i) promote the carrying on of specified criminal conduct; or
(ii) conceal or disguise the nature, the location, the source, the
ownership or the control of property believed to be either the proceeds
of an act of terrorism as defined in subdivision one of section 490.05
of this part, or a monetary instrument given, received or intended to be
used to support a violation of article four hundred ninety of this part;
or
(iii) avoid any transaction reporting requirement imposed by law; and
(b) The total represented value of the property involved in such
financial transaction or transactions exceeds one hundred twenty-five
thousand dollars.
Money laundering in support of terrorism in the first degree is a
class B felony.
§ 19. This act shall take effect immediately.

Continue to Part B