S5811 KRUGER
KRUGER
Add S490.40, amd SS490.05, 60.06 & 70.00, Pen L
Creates the crime of biological terrorism; requires that person convicted
of biological terrorism shall be sentenced to life in
prison without parole or to death even if the biological terrorism
does not cause the death of another person.
CRIMINAL SANCTION IMPACT.
STATUS:
Penal Law
TITLE....Creates the crime of biological terrorism
10/17/01
REFERRED TO RULES
BILL TEXT:
STATE OF NEW YORK
________________________________________________________________________
5811
2001-2002 Regular Sessions
IN SENATE
October 17, 2001
___________
Introduced by Sen.
KRUGER -- read twice and ordered printed, and when
printed to be committed
to the Committee on Rules
AN ACT to amend the penal law,
in relation to acts of biological terror-
ism
The People of the
State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The penal law
is amended by adding a new section 490.40 to
2 read as follows:
3 § 490.40 Crime of biological terrorism.
4 A person is guilty of the crime
of biological terrorism when:
5 1. with intent to intimidate
or coerce a civilian population, influ-
6 ence the policy of a unit of government
by intimidation or coercion, or
7 affect the conduct of a unit of government
by intimidation or coercion,
8 affect the conduct of a unit
of government by murder, assassination or
9 kidnapping; or cause physical injury, serious
injury or death to more
10 than one person;
11 2. he or she
uses, deploys, releases, attempts to use, deploy, or
12 release, or causes to be used, deployed,
or released, any biological
13 weapon; and
14 3. causes physical injury, serious
physical injury or death to another
15 person.
16 Biological terrorism is a class A-I
felony.
17 § 2. Section 490.05 of the penal
law is amended by adding a new subdi-
18 vision 5 to read as follows:
19 5. "Biological weapon" for
purposes of section 490.40 of this article
20 shall mean any weapon that is designed to release
a biological agent,
21 toxin or toxic chemical which can cause
death, temporary incapacitation
22 or permanent harm to humans.
23 § 3. Section 60.06 of the penal
law, as amended by chapter 1 of the
24 laws of 1995, is amended to read as follows:
EXPLANATION--Matter in italics
(underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13930-02-1
S. 5811
2
1 § 60.06 Authorized
disposition; murder in the first degree offenders;
2
biological terrorism offenders.
3 When a person is convicted of
murder in the first degree as defined in
4 section 125.27 of this chapter, the
court shall, in accordance with the
5 provisions of section 400.27 of the criminal
procedure law, sentence the
6 defendant to death, to life imprisonment
without parole in accordance
7 with subdivision five of section
70.00 of this [chapter] title or to a
8 term of imprisonment for a class A-I felony
other than a sentence of
9 life imprisonment without
parole, in accordance with subdivisions one
10 through three of section 70.00 of this [chapter]
title. When a person
11 is convicted of the crime of biological
terrorism as defined in section
12 490.40 of this chapter, the court shall sentence
the defendant to life
13 imprisonment without parole
in accordance with subdivision five of
14 section 70.00 of this title; provided however,
that nothing herein shall
15 preclude or prevent a sentence of death even
if the biological terrorism
16 does not cause the death of another person.
17 § 4. Subparagraph (i) of paragraph
(a) of subdivision 3 and subdivi-
18 sion 5 of section 70.00 of the penal law,
subparagraph (i) of paragraph
19 (a) of subdivision 3 as amended and subdivision
5 as added by chapter 1
20 of the laws of 1995, are amended to read as follows:
21 (i) For a class A-I felony, such
minimum period shall not be less than
22 fifteen years nor more than twenty-five
years; provided, however, that
23 (A) where a sentence, other than a sentence of
death or life imprison-
24 ment without parole, is imposed upon a
defendant convicted of murder in
25 the first degree as defined in section 125.27
of this chapter such mini-
26 mum period shall be not less than twenty years
nor more than twenty-five
27 years or (B) where a sentence is imposed upon
a defendant convicted of
28 the crime of biological terrorism
as defined in section 490.40 of this
29 chapter, the sentence shall
be life imprisonment without parole;
30 provided, however, that nothing
herein shall preclude or prevent a
31 sentence of death even if the biological terrorism
does not cause the
32 death of another person.
33 5. Life imprisonment
without parole. Notwithstanding any other
34 provision of law, a defendant sentenced
to life imprisonment without
35 parole shall not be or
become eligible for parole or conditional
36 release. For purposes of commitment and custody,
other than parole and
37 conditional release, such sentence
shall be deemed to be an indetermi-
38 nate sentence. A defendant may be sentenced
to life imprisonment with-
39 out parole [only] upon conviction
for the crime of murder in the first
40 degree as defined in section 125.27 of this chapter
and in accordance
41 with the procedures provided
by law for imposing a sentence for such
42 crime. A defendant must be
sentenced to life imprisonment without
43 parole upon conviction for the crime of
biological terrorism as defined
44 in section 490.40 of this chapter; provided,
however, that nothing here-
45 in shall preclude or prevent a sentence of death
even if the biological
46 terrorism does not cause the death of another
person.
47 § 5. This act shall take effect
immediately.
SPONSORS MEMO:
NEW YORK STATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1
BILL NUMBER: S5811
SPONSOR: KRUGER
TITLE OF BILL: An act to amend the penal law, in relation to
acts of
biological terrorism
PURPOSE/SUMMARY OF PROVISIONS: This legislation creates the crime
of
biological terrorism punishable as an A-1 felony. "Biological weapon"
for purposes of this legislation shall mean any weapon that is designed
to release a biological agent, toxin or toxic chemical which can cause
death, temporary incapacitation or permanent harm to humans. A crime
of
biological terrorism is committed when intent to intimidate or coerce
a
civilian population, or to influence the policy of a unit of government
by intimidation or coercion, or to affect the conduct of a unit of
government by murder, assassination or kidnapping occurs, by cause
of
physical injury, serious injury or death to more than one person; or
by
deployment, release, or attempt to use, deploy or release, or cause
to
be used, deployed or released a biological weapon causing physical
inju-
ry, serious physical injury or death to another person.
JUSTIFICATION: Since the terrorist attacks of September 11, 2001
the
heightened state of alert in New York City and elsewhere may protect
the
potential victims of bioterrorism, but it does nothing to punish those
who seek to bypass even the most sophisticated security measures to
commit such a heinous act. New York State needs the strongest possible
deterrent to these types of attack. Only the most severe punishment
will
send the message that we will in no way tolerate this potentially deadly
crime.
EXISTING LAW:
FISCAL IMPLICATIONS:
EFFECTIVE DATE: This act shall take effect immediately.