Some of the toughest, most comprehensive anti-terrorism laws in the nation, sponsored by Senator Michael Balboni, recently passed the Senate. Balboni's bills are part of a five-bill package that will combat terrorism in New York State.

"We live in a time when we have to be ready for the unthinkable," Balboni, chair of the Senate Committee on Veterans, Homeland

Security and Military Affairs, said. "As legislators we have responsibility to do all that we can to protect our citizens. Given the recent increase in the Homeland Security Threat Level, the time to act is now."

The Omnibus Governor's Program Bill (S.3), sponsored by Balboni, would create new anti-terrorism crimes, strengthen the authority of law enforcement officials to investigate and prosecute terrorists and severely punish those who possess or use chemical or biological weapons.

"Homeland security begins at home," he said. "We need to be the 'eyes and ears on the street' for the law enforcement effort. We need to provide the necessary emergency service in the event of an attack."

Another bill (S.1627), also sponsored by Balboni, would create the crime of cyber-terrorism, making it a class B felony to help prevent damage by launching "denial of service" attacks on local, state and federal computer networks.

"The fact that we depend on our computers is what makes them so vulnerable to a cyber-attack," Balboni said. "This legislation would also protect our computer-operated infrastructure networks."

In addition to chairing the Senate Committee on Veterans, Homeland

Security and Military Affairs, the senator co-chairs the National Conference of State Legislatures Task Force on Protecting Democracy. Moreover, Balboni sits on FEMA's National Citizen Corps Council and the Senate Task Force on State and Local Emergency Preparedness.

The Governor's Program bill #7 (S.3) Omnibus Anti-Terrorism bill:

*Creates new crimes of criminal possession and use of a chemical or biological weapon in the first and second degrees, ranging from a class A-I felony to a class B violent felony offense.

*Creates new crime of money laundering for terrorism in three degrees ranging from a class A-I felony to a class C felony.

*Creates a new class E felony of "structuring" in the second degree, which occurs when a person causes or attempts to cause a financial institution not to comply with federal filing requirements relating to money transactions.

*Creates a new class D felony of structuring in the first degree, which is deemed to occur when a person commits the second degree offense with the intent of promoting criminal conduct or as a part of a pattern of illegal activity involving more than $100,000 in a 12-month period.

*Creates a new crime of criminal facilitation of terrorism, and a new crime of conspiracy to commit terrorism which is to be penalized at a level one degree higher than the terrorism offense which the defendant facilitated or conspired to commit.

*Eliminates the statue of limitations for prosecutions of all terrorist offenses.

*Authorizes law enforcement to obtain an eavesdropping warrant permitting roving interceptions of communications where a terrorist offense is under investigation. This provision sunsets two years after the bill becomes law.

*Authorizes the tax commission to disclose to a prosecutor in response to a grand jury subpoena, or in response to a particularized written request of a prosecutor, tax information in possession of the tax commission, provided that such information is needed with respect to the investigation of a state or federal terrorism offense. This provision sunsets two years after the bill becomes law.

*Enacts provisions preventing the suppression of reliable evidence of guilt in terrorism cases where the law enforcement officer acted in good faith.

*Amends provisions of the civil practice law and rules relating to forfeiture of property to provide that terrorist property located outside of New York State shall also be subject to these civil forfeiture provisions.

Cyber-Terrorism (S.1627) amends the penal law to create the crime of cyber-terrorism. A person is guilty of cyber-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, he or she commits any of the computer crimes contained within Article 156 of the penal law; or

*With the 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, he or she commits a denial of service attack against any computer network administered or operated by a local state or federal government entity, any utility, or a financial institution.

In addition to Balboni's bills, the Senate also recently passed the following:

*A first-in-the-nation package of agri-terrorism legislation

(S.180), which would help protect the agricultural industry and preserve the integrity of New York State's food production industry and food supply chain.

*A bill (S.1711) that would create the crime of falsely reporting an incident of use of a weapon of mass destruction and placing a weapon of mass destruction. Penalties for these crimes would be more severe if responding emergency workers or others are injured as a result of false threats.

*A bill (S.1712) that would permit municipalities, schools, fire and ambulance companies and other public entities to seek restitution for response costs from any person convicted of falsely reporting an incident of use of a weapon of mass destruction or placing a false weapon of mass destruction.