S T A T E O F N E W Y O R K
________________________________________________________________________
7813--A
I N S E N A T E
February 27, 2018
___________
Introduced by Sens. MURPHY, AMEDORE, CROCI, PHILLIPS, YOUNG -- read
twice and ordered printed, and when printed to be committed to the
Committee on Veterans, Homeland Security and Military Affairs --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the penal law and the executive law, in relation to acts
of terrorism and the New York state intelligence center
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 490.00 of the penal law, as added by chapter 300 of
the laws of 2001, is amended to read as follows:
§ 490.00 Legislative findings.
The devastating consequences of the recent barbaric attack on the
World Trade Center and the Pentagon underscore the compelling need for
legislation that is specifically designed to combat the evils of terror-
ism. Indeed, the bombings of American embassies in Kenya and Tanzania in
1998, the federal building in Oklahoma City in 1995, Pan Am Flight
number 103 in Lockerbie in 1988, the 1997 shooting atop the Empire State
Building, the 1994 murder of Ari Halberstam on the Brooklyn Bridge
[and], the 1993 bombing of the World Trade Center, AND THE MASS SHOOT-
INGS IN SAN BERNARDINO, CALIFORNIA AND CHARLESTON, SOUTH CAROLINA IN
2015, THE ORLANDO NIGHTCLUB IN 2016, THE LAS VEGAS STRIP IN 2017, AND AT
MARJORY STONEMAN DOUGLAS HIGH SCHOOL IN PARKLAND, FLORIDA IN 2018, AMONG
OTHERS, will forever serve to remind us that terrorism is a serious and
deadly problem that disrupts public order and threatens individual safe-
ty both at home and around the world. Terrorism is inconsistent with
civilized society and cannot be tolerated.
Although certain federal laws seek to curb the incidence of terrorism,
there are no corresponding state laws that facilitate the prosecution
and punishment of terrorists in state courts. Inexplicably, there is
also no criminal penalty in this state for a person who solicits or
raises funds for, or provides other material support or resources to,
those who commit or encourage the commission of horrific and cowardly
acts of terrorism. Nor do our criminal laws proscribe the making of
terrorist threats or punish with appropriate severity those who hinder
the prosecution of terrorists. Finally, our death penalty statute must
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14922-04-8
S. 7813--A 2
be strengthened so that the cold-blooded execution of an individual for
terrorist purposes is a capital offense.
A comprehensive state law is urgently needed to complement federal
laws in the fight against terrorism and to better protect all citizens
against terrorist acts AND MASS SHOOTINGS. Accordingly, the legislature
finds that our laws must be strengthened to ensure that terrorists, as
well as those who solicit or provide financial and other support to
terrorists, are prosecuted and punished in state courts with appropriate
severity.
§ 2. Subdivision 1 of section 490.05 of the penal law, as added by
chapter 300 of the laws of 2001, is amended to read as follows:
1. "Act of terrorism":
(a) for purposes of this article means: (I) an act or acts constitut-
ing a specified offense as defined in subdivision three of this section
for which a person may be convicted in the criminal courts of this state
pursuant to article twenty of the criminal procedure law, or an act or
acts constituting an offense in any other jurisdiction within or outside
the territorial boundaries of the United States which contains all of
the essential elements of a specified offense, that is intended to:
[(i)] (A) intimidate or coerce a civilian population;
[(ii)] (B) influence the policy of a unit of government by intim-
idation or coercion; or
[(iii)] (C) affect the conduct of a unit of government by murder,
assassination or kidnapping; or
(II) THE KNOWING, UNLAWFUL DISCHARGE OF A FIREARM WITH THE INTENT TO
CAUSE PHYSICAL HARM OR DEATH TO ANOTHER PERSON, OR DAMAGE TO PRIVATE OR
PUBLIC PROPERTY:
(A) WITHIN A DISTANCE OF ONE THOUSAND FEET FROM THE GROUNDS OF A
PUBLIC, PAROCHIAL OR PRIVATE SCHOOL; OR
(B) WITHIN A DISTANCE OF ONE THOUSAND FEET FROM THE GROUNDS OF A PLACE
OF WORSHIP; OR
(C) IN A PLACE OF BUSINESS WITH ONE OR MORE EMPLOYEES; OR
(D) WITHIN ONE THOUSAND FEET OF A MASS GATHERING OF MORE THAN TWENTY-
FIVE PEOPLE.
(b) for purposes of subparagraph (xiii) of paragraph (a) of subdivi-
sion one of section 125.27 of this chapter means: (I) activities that
involve a violent act or acts dangerous to human life that are in
violation of the criminal laws of this state and are intended to:
[(i)] (A) intimidate or coerce a civilian population;
[(ii)] (B) influence the policy of a unit of government by intim-
idation or coercion; or
[(iii)] (C) affect the conduct of a unit of government by murder,
assassination or kidnapping[.]; OR
(II) THE KNOWING, UNLAWFUL DISCHARGE OF A FIREARM WITH THE INTENT TO
CAUSE PHYSICAL HARM OR DEATH TO ANOTHER PERSON, OR DAMAGE TO PRIVATE OR
PUBLIC PROPERTY:
(A) WITHIN A DISTANCE OF ONE THOUSAND FEET FROM THE GROUNDS OF A
PUBLIC, PAROCHIAL OR PRIVATE SCHOOL; OR
(B) WITHIN A DISTANCE OF ONE THOUSAND FEET FROM THE GROUNDS OF A PLACE
OF WORSHIP; OR
(C) IN A PLACE OF BUSINESS WITH ONE OR MORE EMPLOYEES; OR
(D) WITHIN ONE THOUSAND FEET OF A MASS GATHERING OF MORE THAN TWENTY-
FIVE PEOPLE.
§ 3. Subdivision 1 of section 490.25 of the penal law, as added by
chapter 300 of the laws of 2001, is amended to read as follows:
S. 7813--A 3
1. A person is guilty of a crime of terrorism when, with intent to
intimidate or coerce a civilian population, influence the policy of a
unit of government by intimidation or coercion, or affect the conduct of
a unit of government, SCHOOL, HOUSE OF WORSHIP OR BUSINESS OR MASS GATH-
ERING by murder, assassination or kidnapping, he or she commits a speci-
fied offense.
§ 4. The executive law is amended by adding a new article 26-A to read
as follows:
ARTICLE 26-A
NEW YORK STATE INTELLIGENCE CENTER
SECTION 730. THE NEW YORK STATE INTELLIGENCE CENTER.
731. DEFINITIONS.
732. OPERATION OF CENTER.
733. COLLECTION OF CRIMINAL INTELLIGENCE INFORMATION.
734. CONFIDENTIALITY AND IMMUNITY FROM SERVICE OF PROCESS;
PENALTIES.
735. RECEIPT OF INFORMATION; IMMUNITY FROM LIABILITY.
736. COLLECTION OF INFORMATION PROHIBITED; EXCEPTIONS; OVER-
SIGHT.
737. FUSION OPERATION CENTERS OF THE NEW YORK STATE INTELLIGENCE
CENTER.
§ 730. THE NEW YORK STATE INTELLIGENCE CENTER. 1. THERE IS HEREBY
ESTABLISHED A NEW YORK STATE INTELLIGENCE CENTER IN THE DIVISION OF
STATE POLICE.
2. THE NEW YORK STATE INTELLIGENCE CENTER SHALL RECEIVE; PROCESS;
COLLECT; INTEGRATE; EVALUATE; ANALYZE; FUSE; DISSEMINATE; MAINTAIN AND
SHARE INTELLIGENCE INFORMATION AND OTHER INFORMATION TO SUPPORT GOVERN-
MENTAL AGENCIES AND PRIVATE ORGANIZATIONS IN DETECTING, PREVENTING,
INVESTIGATING, RESPONDING TO AND RECOVERING FROM CRIMINAL AND TERRORIST
ACTIVITY IN COMPLIANCE WITH APPLICABLE STATE AND FEDERAL LAWS, RULES AND
REGULATIONS.
3. IT SHALL BE THE MAJOR PURPOSE OF THE NEW YORK STATE INTELLIGENCE
CENTER TO:
(A) RECEIVE, PROCESS, COLLECT, INTEGRATE, EVALUATE, ANALYZE, FUSE,
DISSEMINATE, MAINTAIN AND SHARE INTELLIGENCE INFORMATION IN A TIMELY
MANNER;
(B) RECEIVE, PROCESS, COLLECT, INTEGRATE, EVALUATE, ANALYZE, FUSE,
DISSEMINATE, MAINTAIN AND SHARE ALL TERRORISM RELATED INTELLIGENCE;
CONDUCT THREAT AND VULNERABILITY ASSESSMENTS; AND DISSEMINATE INTELLI-
GENCE ACCORDINGLY;
(C) ENSURE, AND ENHANCE CONNECTIVITY OF FEDERAL, STATE, AND LOCAL
PARTNERS TO THE NEW YORK STATE INTELLIGENCE CENTER, AS WELL AS TO
REGIONAL AND LOCAL FUSION CENTERS IN SUPPORT OF INFORMATION SHARING AND
ANALYSIS IN ACCORDANCE WITH THE NATIONAL STRATEGY FOR INFORMATION SHAR-
ING AND SAFEGUARDING;
(D) EXPAND OUTREACH AND INFORMATION-SHARING EFFORTS BEYOND THE LAW
ENFORCEMENT COMMUNITY, TO INCLUDE FIRE, PUBLIC HEALTH, EMS, EMERGENCY
MANAGEMENT, THE PRIVATE SECTOR, AND OTHER RELEVANT AND AFFECTED ENTITIES
AS INDIVIDUALS IN ACCORDANCE WITH THE NATIONAL STRATEGY FOR INFORMATION
SHARING AND SAFEGUARDING;
(E) AUGMENT PRIVATE SECTOR OUTREACH EFFORTS TO CRITICAL INFRASTRUCTURE
SECTORS AND AT-RISK BUSINESSES;
(F) INCREASE PUBLIC AWARENESS AND SUSPICIOUS ACTIVITY REPORTING
THROUGH ONGOING OUTREACH AND EDUCATION ON SECURITY ISSUES, TO INCLUDE
COMMUNITY ORGANIZATIONS, PRIVATE SECURITY PARTNERS, AND THE GENERAL
PUBLIC;
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(G) ENHANCE STATEWIDE, REGIONAL AND LOCAL PLANNING EFFORTS TO ENSURE
ONGOING INFORMATION SHARING AND TO IDENTIFY INFORMATION SHARING GAPS
THROUGH NEEDS ASSESSMENTS IN ACCORDANCE WITH THE NATIONAL STRATEGY FOR
INFORMATION SHARING AND SAFEGUARDING;
(H) ENSURE THE PRESENCE AND SECURITY OF INFORMATION, AS WELL AS, TECH-
NOLOGY AND SYSTEMS TO FACILITATE INFORMATION SECURITY, AND APPROPRIATE
INFORMATION SHARING AND ANALYSIS;
(I) CONDUCT TRAINING AND EXERCISES TO BUILD AND TEST INTELLIGENCE
COLLECTION AND MANAGEMENT OF INFORMATION SHARING AND INTELLIGENCE CAPA-
BILITIES;
(J) PROMOTE THE HIRING, TRAINING AND USE OF INTELLIGENCE ANALYSTS IN
SUPPORT OF STATE HOMELAND SECURITY STRATEGY;
(K) PROVIDE FURTHER SUPPORT TO STATEWIDE AND FEDERAL INITIATIVES THAT
FOSTER AND PROMOTE THE COLLECTION, MANAGEMENT AND SAFEGUARDING OF THE
SHARING OF INFORMATION AND INTELLIGENCE;
(L) FACILITATE THE OBTAINMENT OF SECURITY CLEARANCES FOR KEY PERSONNEL
AND POLICYMAKERS WHOSE DUTIES REQUIRE ACCESS TO CLASSIFIED INFORMATION;
(M) IMPROVE SITUATIONAL AWARENESS BY PROVIDING CLASSIFIED BRIEFINGS
AND INFORMATION TO CLEARED PERSONNEL;
(N) PREVENT ACTS OF TERRORISM AS DEFINED PURSUANT TO FEDERAL LAW AND
ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW;
(O) EXPAND INFORMATION SHARING AND COLLABORATION THROUGH THE ESTAB-
LISHMENT OF PARTNERSHIPS WITH ACADEMIC INSTITUTIONS INVOLVED IN HOMELAND
SECURITY, TERRORISM STUDIES, INTELLIGENCE AND RELATED FIELDS OF STUDY.
§ 731. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "COLLECT" MEANS TO SOLICIT OR RECEIVE.
2. "INTELLIGENCE INFORMATION" MEANS DATA THAT HAS BEEN EVALUATED AND
DETERMINED TO BE RELEVANT TO THE IDENTIFICATION OF CRIMINAL AND/OR
TERRORIST ACTIVITY OF INDIVIDUALS OR ORGANIZATIONS THAT ARE REASONABLY
SUSPECTED OF INVOLVEMENT IN SUCH ACTIVITY.
3. "DIVISION" MEANS DIVISION OF STATE POLICE.
§ 732. OPERATION OF CENTER. 1. THE DIVISION SHALL OPERATE THE NEW YORK
STATE INTELLIGENCE CENTER UNDER THE DIRECTION OF THE GOVERNOR.
2. THE DIVISION SHALL COOPERATE, SUBJECT TO APPLICABLE STATE AND
FEDERAL LAWS, RULES AND REGULATIONS WITH:
(A) THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES;
(B) LOCAL, STATE, OR FEDERAL GOVERNMENT AGENCIES INCLUDING BUT NOT
LIMITED TO:
(I) REPRESENTATIVES OF NEW YORK STATE AGENCIES, INCLUDING BUT NOT
LIMITED TO, THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES;
THE DIVISION OF MILITARY AND NAVAL AFFAIRS AND ITS COMPONENT COMMANDS;
THE DEPARTMENT OF EDUCATION; THE METROPOLITAN TRANSPORTATION AUTHORITY;
THE DEPARTMENT OF CORRECTIONAL SERVICES; THE DIVISION OF CRIMINAL
JUSTICE SERVICES; THE DEPARTMENT OF FINANCIAL SERVICES; THE DEPARTMENT
OF MOTOR VEHICLES; THE DIVISION OF PAROLE; AND SUCH OTHER AND FURTHER
ENTITIES AS THE SUPERINTENDENT OF STATE POLICE DEEMS PRUDENT;
(II) REPRESENTATIVES OF LOCAL GOVERNMENT AND SCHOOLS, INCLUDING BUT
NOT LIMITED TO, THE POLICE DEPARTMENT OF THE CITY OF NEW YORK; THE
POLICE DEPARTMENT OF THE CITY OF ALBANY; THE POLICE DEPARTMENT OF THE
CITY OF BUFFALO; THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK;
THE ALBANY CITY SCHOOL DISTRICT; THE BUFFALO CITY SCHOOL DISTRICT; THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE CITY OF NEW YORK; THE
SCHENECTADY COUNTY PROBATION DEPARTMENT; AND SUCH OTHER AND FURTHER
ENTITIES AS THE SUPERINTENDENT OF STATE POLICE DEEMS PRUDENT;
(III) INVITED REPRESENTATIVES OF THE FEDERAL GOVERNMENT, INCLUDING BUT
NOT LIMITED TO, THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY; THE
S. 7813--A 5
FEDERAL BUREAU OF INVESTIGATION; THE UNITED STATES DEPARTMENT OF
JUSTICE; THE DRUG ENFORCEMENT ADMINISTRATION; THE BUREAU OF ALCOHOL,
TOBACCO, FIREARMS, EXPLOSIVES; THE UNITED STATES BORDER PATROL; THE
UNITED STATES CUSTOMS AND BORDER PROTECTION; U.S. IMMIGRATION AND
CUSTOMS ENFORCEMENT; THE SCHOOL SECURITY ADMINISTRATION; THE OFFICE OF
THE UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF NEW YORK; THE
OFFICE OF THE UNITED STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF NEW
YORK; THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE WESTERN DISTRICT
OF NEW YORK; AND SUCH OTHER AND FURTHER ENTITIES AS THE SUPERINTENDENT
OF STATE POLICE DEEMS PRUDENT; AND
(C) PRIVATE ORGANIZATIONS.
§ 733. COLLECTION OF INTELLIGENCE INFORMATION. THE NEW YORK STATE
INTELLIGENCE CENTER MAY COLLECT INTELLIGENCE INFORMATION IF:
1. REASONABLE SUSPICION EXISTS THAT THE SUBJECT OF THE INTELLIGENCE
INFORMATION IS INVOLVED WITH OR HAS KNOWLEDGE OF POSSIBLE CRIMINAL OR
TERRORIST ACTIVITY; OR
2. THE INTELLIGENCE INFORMATION IS RELEVANT TO CRIMINAL OR TERRORIST
ACTIVITY OR MAY REASONABLY LEAD TO INFORMATION RELEVANT TO CRIMINAL OR
TERRORIST ACTIVITY.
§ 734. CONFIDENTIALITY AND IMMUNITY FROM SERVICE OF PROCESS; PENAL-
TIES. 1. PAPERS, RECORDS, DOCUMENTS, REPORTS, MATERIALS, DATABASES, OR
OTHER EVIDENCE OR INFORMATION RELATIVE TO INTELLIGENCE OR ANY TERRORISM
INVESTIGATION IN THE POSSESSION OF THE NEW YORK STATE INTELLIGENCE
CENTER SHALL BE CONFIDENTIAL AND SHALL NOT BE SUBJECT TO THE FREEDOM OF
INFORMATION LAW. THE DIVISION SHALL CONDUCT AN ANNUAL REVIEW OF INFORMA-
TION CONTAINED IN ANY DATABASE MAINTAINED BY THE NEW YORK STATE INTELLI-
GENCE CENTER. DATA DETERMINED TO NOT HAVE A NEXUS TO TERRORIST ACTIVITY
SHALL BE REMOVED FROM SUCH DATABASE. A REASONABLE SUSPICION STANDARD
SHALL BE APPLIED WHEN DETERMINING WHETHER OR NOT INFORMATION HAS A NEXUS
TO TERRORIST ACTIVITY.
2. NO PERSON, HAVING ACCESS TO INFORMATION MAINTAINED BY THE NEW YORK
STATE INTELLIGENCE CENTER, SHALL BE SUBJECT TO SUBPOENA IN A CIVIL
ACTION IN ANY COURT OF THE STATE TO TESTIFY CONCERNING A MATTER OF WHICH
HE HAS KNOWLEDGE PURSUANT TO HIS ACCESS TO CRIMINAL INTELLIGENCE INFOR-
MATION MAINTAINED BY THE NEW YORK STATE INTELLIGENCE CENTER.
3. NO PERSON OR AGENCY RECEIVING INFORMATION FROM THE NEW YORK STATE
INTELLIGENCE CENTER SHALL RELEASE OR DISSEMINATE THAT INFORMATION WITH-
OUT PRIOR AUTHORIZATION FROM THE NEW YORK STATE INTELLIGENCE CENTER.
4. ANY PERSON WHO KNOWINGLY DISSEMINATES INFORMATION IN VIOLATION OF
THIS SECTION IS GUILTY OF A CLASS D FELONY.
5. ANY PERSON WHO KNOWINGLY DISSEMINATES INFORMATION IN VIOLATION OF
THIS SECTION IS GUILTY OF A CLASS B FELONY IF SUCH DISSEMINATION RESULTS
IN DEATH OR SERIOUS BODILY INJURY TO ANOTHER PERSON.
§ 735. RECEIPT OF INFORMATION; IMMUNITY FROM LIABILITY. 1. NO CAUSE OF
ACTION FOR DEFAMATION, INVASION OF PRIVACY, OR NEGLIGENCE SHALL ARISE
AGAINST ANY PERSON FOR REASON OF THAT PERSON'S FURNISHING OF INFORMATION
CONCERNING ANY SUSPECTED, ANTICIPATED, OR COMPLETED CRIMINAL VIOLATION
WHEN THE INFORMATION IS PROVIDED TO OR RECEIVED FROM THE DIVISION OR ANY
FEDERAL OR STATE GOVERNMENTAL ENTITY ESTABLISHED FOR THE PURPOSES OF
DETECTING AND PREVENTING ACTS OF TERRORISM.
2. NO PERSON SHALL BE SUBJECT TO SUCH CAUSE OF ACTION FOR COOPERATING
WITH, OR FURNISHING EVIDENCE OR INFORMATION REGARDING ANY SUSPECTED
CRIMINAL VIOLATION TO, THE DIVISION.
3. THIS SECTION SHALL NOT PROVIDE IMMUNITY FOR THOSE DISCLOSING OR
FURNISHING FALSE INFORMATION WITH MALICE OR WILLFUL INTENT TO INJURE ANY
PERSON.
S. 7813--A 6
4. THIS SECTION DOES NOT ABROGATE OR MODIFY IN ANY WAY COMMON LAW OR
STATUTORY PRIVILEGE OR IMMUNITY HERETOFORE ENJOYED BY ANY PERSON OR
ENTITY.
§ 736. COLLECTION OF INFORMATION PROHIBITED; EXCEPTIONS; OVERSIGHT. 1.
THE DIVISION SHALL NOT COLLECT, MAINTAIN OR SHARE WITH ANY OTHER LAW
ENFORCEMENT AGENCY, INFORMATION ABOUT THE POLITICAL OR RELIGIOUS ASSOCI-
ATIONS, VIEWS OR ACTIVITIES OF A PERSON UNLESS:
(A) THE INFORMATION DIRECTLY RELATES TO AN INVESTIGATION OF CRIMINAL
OR TERRORIST ACTIVITY; OR
(B) THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE SUBJECT OF THE
INFORMATION IS INVOLVED IN THE CRIMINAL OR TERRORIST ACTIVITY; OR
(C) THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE SUBJECT OF THE
INFORMATION WILL LEAD TO INFORMATION RELEVANT TO CRIMINAL OR TERRORIST
ACTIVITY.
2. INFORMATION ABOUT A PERSON'S POLITICAL OR RELIGIOUS ASSOCIATIONS,
VIEWS OR ACTIVITIES THAT IS COLLECTED OR MAINTAINED BY THE DIVISION
SHALL BE DESTROYED IF:
(A) A CRIMINAL CHARGE, TO WHICH THE INFORMATION IS MATERIAL OR DIRECT-
LY RELATED, IS NOT BROUGHT AGAINST THE PERSON WITHIN FIVE YEARS FROM THE
DATE OF THE COLLECTION OF THE INFORMATION;
(B) A CRIMINAL CHARGE, TO WHICH THE INFORMATION IS MATERIAL OR DIRECT-
LY RELATED, WAS BROUGHT AND HAS RESULTED IN A DISMISSAL, FAILURE TO
PROSECUTE, OR ACQUITTAL; OR
(C) THE INFORMATION WAS COLLECTED OR MAINTAINED IN VIOLATION OF SUBDI-
VISION ONE OF THIS SECTION.
§ 737. FUSION OPERATION CENTERS OF THE NEW YORK STATE INTELLIGENCE
CENTER. 1. THE NEW YORK STATE INTELLIGENCE CENTER SHALL OPERATE NO LESS
THAN THREE FUSION OPERATION CENTERS TO PERFORM ITS PROSCRIBED ROLES,
DUTIES AND FUNCTIONS AS DESCRIBED IN THIS ARTICLE. SUCH FUSION OPERATION
CENTERS SHALL OPERATE IN ACCORDANCE WITH THIS ARTICLE AND ALL RELEVANT
FEDERAL LAWS, RULES AND REGULATIONS PERTAINING TO FUSION CENTERS AND THE
NATIONAL STRATEGY FOR INFORMATION SHARING AND SAFEGUARDING. WHERE ANY
PORTION OF THIS ARTICLE SHALL BE DEEMED INCONSISTENT WITH RELEVANT
FEDERAL LAWS, RULES AND REGULATIONS PERTAINING TO FUSION CENTERS AND THE
NATIONAL STRATEGY FOR INFORMATION SHARING AND SAFEGUARDING, THE SUPER-
INTENDENT OF STATE POLICE, BY REGULATION, MAY AMEND THE PRACTICES,
ROLES, DUTIES AND FUNCTIONS OF THE NEW YORK STATE INTELLIGENCE CENTER TO
BE CONSISTENT WITH SUCH FEDERAL LAWS, RULES AND REGULATIONS PERTAINING
TO FUSION CENTERS AND THE NATIONAL STRATEGY FOR INFORMATION SHARING AND
SAFEGUARDING, SO AS TO CONTINUE THE SHARING OF INFORMATION AND INTELLI-
GENCE WITH FEDERAL AUTHORITIES.
2. THE NEW YORK STATE INTELLIGENCE CENTER SHALL OPERATE FUSION OPERA-
TION CENTERS IN ALBANY COUNTY, ERIE COUNTY, THE CITY OF NEW YORK, AND
SUCH OTHER AND FURTHER LOCATIONS AS THE SUPERINTENDENT OF STATE POLICE
DEEMS PRUDENT AND WITHIN BUDGET APPROPRIATIONS THEREFOR.
§ 5. If any item, clause, sentence, subparagraph, subdivision, section
or other part of this act, or the application thereof to any person or
circumstances shall be held to be invalid, such holding shall not
affect, impair or invalidate the remainder of this act, or the applica-
tion of such section or part of a section held invalid, to any other
person or circumstances, but shall be confined in its operation to the
item, clause, sentence, subparagraph, subdivision, section or other part
of this act directly involved in such holding, or to the person and
circumstances therein involved.
§ 6. This act shall take effect immediately.
