S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    459
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced by M. of A. ROZIC, SEAWRIGHT -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to acts of domestic terrorism
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 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 OR USE OF A KNIFE
 WITH THE INTENT TO CAUSE PHYSICAL HARM OR DEATH  TO  ANOTHER  PERSON  OR
 PERSONS  IN  WHOLE OR IN SUBSTANTIAL PART BECAUSE OF A BELIEF OR PERCEP-
 TION REGARDING THE  RACE,  COLOR,  NATIONAL  ORIGIN,  ANCESTRY,  GENDER,
 GENDER  IDENTITY OR EXPRESSION, RELIGION, RELIGIOUS PRACTICE, AGE, DISA-
 BILITY OR SEXUAL ORIENTATION OF SUCH PERSON OR  PERSONS,  OR  DAMAGE  TO
 PRIVATE  OR  PUBLIC  PROPERTY ASSOCIATED IN WHOLE OR IN SUBSTANTIAL PART
 WITH SUCH BELIEFS OR PERCEPTIONS:
   (A) WITHIN A DISTANCE OF ONE THOUSAND  FEET  FROM  THE  GROUNDS  OF  A
 PUBLIC, PAROCHIAL OR PRIVATE SCHOOL; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02605-01-3
 A. 459                              2
              

 
   (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 OR USE OF A KNIFE
 WITH THE INTENT TO CAUSE PHYSICAL HARM OR DEATH  TO  ANOTHER  PERSON  OR
 PERSONS  IN  WHOLE OR IN SUBSTANTIAL PART BECAUSE OF A BELIEF OR PERCEP-
 TION REGARDING THE  RACE,  COLOR,  NATIONAL  ORIGIN,  ANCESTRY,  GENDER,
 GENDER  IDENTITY OR EXPRESSION, RELIGION, RELIGIOUS PRACTICE, AGE, DISA-
 BILITY OR SEXUAL ORIENTATION OF SUCH PERSON OR  PERSONS,  OR  DAMAGE  TO
 PRIVATE  OR  PUBLIC  PROPERTY ASSOCIATED IN WHOLE OR IN SUBSTANTIAL PART
 WITH SUCH BELIEFS OR PERCEPTIONS:
   (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.
   § 2. 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:
   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.
   § 3. This act shall take effect immediately.