N.Y. Penal Law § 490.00: Legislative findings

§ 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

terrorism. 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, will forever

serve to remind us that terrorism is a serious and deadly problem that

disrupts public order and threatens individual safety 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

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. 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.