Senator Charles J. Fuschillo, Jr. announced recently that the New York State Senate passed legislation that would toughen the state's criminal penalties for possessing a chemical and biological weapon with criminal intent. Under the provisions of the bill, which was proposed by Governor George Pataki, anyone convicted of that crime, or an attempt at that crime, would face a mandatory sentence of life in prison without parole.

"The first obligation of government is to protect the public," Fuschillo said. "Biological and chemical weapons represent a grave threat to our state and nation, and every step must be taken to deter and punish those who commit crimes against humanity. This bill will more aggressively respond to bioterrorist threats, and thwart the use of weapons of mass destruction."

According to Fuschillo, a person would be guilty of criminal possession of a chemical or biological weapon when he or she possesses such weapons with an intent to use or with knowledge that some person intends to use the weapon against another person for unlawful purposes. The offense is raised to a Class A-1 felony when the intent is to intimidate a civilian population; influence a policy of government; affect the conduct of government or cause physical injury or death to more than one person.

A person convicted of a Class A-1 felony of either criminal possession or criminal use of a chemical or biological weapon must be sentenced to life without parole. However, that person may be sentenced to death if he or she is convicted of murder in the first degree.

These new crimes are not to apply to household cleaning products, self-defense sprays that are currently legal in New York State and chemical weapons possessed solely for a purpose not prohibited under the penal law.

In addition, Fuschillo said the legislation would define the crime of placing a false bomb to include the placing of a false hazardous substance and permit eavesdropping warrants to be issued in cases involving these new offenses.

"This legislation builds on the governor's Anti-Terrorism Act of 2001, that was enacted into law last month creating new categories of crimes relating to terrorism which are punishable with the death penalty," Fuschillo said.

According to Fuschillo, the senate also passed legislation that was enacted into law, that strengthens penalties for those who commit the crime of Falsely Reporting an Incident. 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 such as anthrax, may be sentenced to up to seven years in prison.

"These measures are critical to update New York's criminal laws to address the very real threats of terrorism," Fuschillo said. "We must do everything we can to prevent terrorism, as well as punish people who commit or threaten terrorist acts."

Senator Fuschillo, announced recently legislation protecting victims of domestic violence was signed into law by Governor George Pataki. The new law takes effect immediately and will help expedite orders of protection.

Under New York State law, parties involved in matrimonial actions may request a referee, designated by a justice of the court to hear their case. Although the Office of Court Administration began operating a Night Court session in all New York City Courts earlier this year, referees assigned to Night Court cases did not have authority to issue orders of protection.

Fuschillo's bill grants authority to referees to issue temporary orders of protection, allowing victims of domestic violence to have their petitions handled expeditiously, rather than having to wait until the next day to appear before a judge.

"Night Court's expanded hours allows litigants to petition the courts without having to take time off from work during the day," said Fuschillo. "But without authority to grant orders of protection, Night Court referees were powerless to help victims of domestic violence who sought the court's protection. This new law amends this deficiency in the statute."

Fuschillo noted that Court Attorney-Referees are required to be admitted to practice in New York State for a minimum of eight years, exceed only by the requirement for judges. Many referees have served as court attorneys and hearing examiners, and/or have considerable trial court experience.

Fuschillo has been a longtime advocate for survivors of Domestic Violence. He has also sponsored cell phone collections that he had re-programmed to dial 911 only, and put in the hands of Domestic Violence victims.