Governor Pataki , Attorney General Spitzer Renew Push For

Governor Introduces Series of Tough Measures to Help Law Enforcement Combat Terror

Governor George E. Pataki today submitted a comprehensive legislative package, developed jointly with State Attorney General Spitzer, that would provide New York State with the toughest, most comprehensive anti-terrorism laws in the nation.

The legislation would create new anti-terrorism crimes, strengthen the authority of law enforcement officials to investigate and prosecute terrorists, and severely punish the possession and use of chemical or biological weapons. The State Senate passed a similar legislative package during last year's Legislative Session.

"The recent elevation of the terror threat level to 'orange' underscores the need for powerful new tools to combat terror," Governor Pataki said. "With these new measures we will give our law enforcement officials the weapons they need to combat terrorists and overcome the fear these criminals are attempting to instill in all Americans.

"This legislation ? coupled with the Anti-Terrorist Act I signed immediately following September 11 ? will ensure that New York has the toughest and most comprehensive package of anti-terrorism laws in America. I applaud the State Senate for passing a similar proposal last year, and look forward to working with both houses of the Legislature to ensure that these critical measures are enacted as quickly as possible."

Attorney General Spitzer, said, "The fight against terrorism isn't the federal government's responsibility alone. The states, especially New York, must act to protect themselves through increased cooperation, greater vigilance and stronger state laws." The Governor's legislation would:

• create new class A-1 felony offenses for the criminal possession and use of chemical or biological weapons. These offenses will be punishable by life imprisonment without possibility of parole;
• establish the offense of money laundering for terrorism and structuring offenses;
• create the crimes of conspiracy to commit terrorism and criminal facilitation of terrorism;
• eliminate the statute of limitations for all terrorist offenses;
• permit roving wiretap interceptions by law enforcement in terrorism investigations;
• eliminate the requirement of accomplice corroboration testimony in terrorism cases;
• prevent the suppression of reliable evidence of guilt in terrorism cases where an officer acted in good faith;
• permit the prosecution of terrorists in State courts, despite pending or prior prosecutions in other jurisdictions, including federal court;
• authorize the release of tax returns to investigating authorities in certain terrorism investigations; and,
• subject terrorists' property located outside of New York State to civil forfeiture.

Terrorist organizations will continue to function unless meaningful steps are taken to cut off their networks of financial support. By creating three new crimes of money laundering for terrorism B which would be punished as class C, B and A-1 felonies B the bill serves to cripple the ability of terrorists to raise and transport money to support their criminal conduct. Additionally, the bill creates the new crime of "structuring" to penalize those who prevent or attempt to prevent a financial institution from complying with federal filing requirements related to money transfers.

To ensure that those who conspire with terrorists or facilitate terrorism are apprehended and prosecuted, the bill creates the new offenses of conspiracy to commit terrorism and criminal facilitation, thus criminalizing the actions of those who render aid to terrorists.

Providing law enforcement with all procedural means necessary to combat terrorism is a significant part of the Governor's anti-terror package. The Governor's bill would eliminate the statute of limitations, which are not constitutionally derived, for all terrorism offenses, thereby allowing law enforcement to bring suspected terrorists to justice at any time. Terrorists have benefitted from the major technological advancements in cellular communications and, regrettably, cellular phones have enabled criminals to thwart law enforcement initiatives simply by changing phones - current law requires separate judicial authorization for each phone. The bill, therefore, removes this requirement and enables judges to authorize "roving wiretaps" so law enforcement can monitor all communications by persons reasonably expected of involvement in terrorist activities regardless of how many cell phones they use during their illegal activities. To facilitate the prosecution of terrorists, the bill eliminates the requirement of accomplice corroboration testimony in terrorism cases. Not required in federal prosecutions, corroboration testimony in such cases could unnecessarily undermine terrorism prosecutions.

The citizens of New York cannot afford to provide defendants accused of terrorist acts the windfall of the exclusionary rule if a police officer makes a technical error in the recovery of reliable evidence of guilt. To prevent terrorists from escaping justice, the bill amends existing law to ensure that a good faith error made by a law enforcement official in a terrorist case will not necessitate the exclusion of evidence and will prevent a terrorist from getting off scot-free on a "technicality."

The outbreaks of anthrax, a deadly disease that infected several people across our nation, has awakened us to a new kind of terror. Biological warfare, almost unimaginable before September 11th, is now a disturbing reality. Under the Governor=s bill, therefore, the new first degree offenses of criminal possession and use of a chemical or biological weapon are created and carry mandatory life sentences without parole even for those who attempt to commit these horrific crimes.

The Governor's Anti-Terrorism Act of 2001, signed on September 17, 2001, created six new penal law offenses (a new Article 490 of the NYS Penal Law) for persons who commit terrorist acts, make terrorist threats, solicit or provide material support for terrorist acts or hinder the prosecution of terrorists.

Additionally, the legislation of September 17 increases penalties for those who falsely report an incident or place a false bomb and would designate those crimes as violent felony offenses. Under the law, a person who initiates or circulates a report or warning of an alleged occurrence or impending occurrence of a fire, explosion or the release of a hazardous substance - including anthrax - is guilty of a class D felony and may receive a sentence of up to seven years in prison.

The clandestine nature of terrorist activities provides the law enforcement community with significant challenges relative to the apprehension of such criminals. By permitting prosecution of all terrorists under all circumstances in State courts, despite pending or prior prosecutions in other jurisdictions; authorize the release of tax returns in certain terrorism investigations; and, subject terrorists' property located outside the State to civil forfeiture, the bill provides law enforcement with the tools to investigate, prosecute and punish, effectively and efficiently, those who seek to rob us of our commitment to freedom, justice and democracy. Last year, the State Senate passed legislation that largely represented the provisions detailed in this new proposal.