State Senator Michael Balboni (R/C-Mineola) announced recently that the Senate recently passed his "Anti-Weapons of Mass Destruction Act" aimed at protecting the public against acts of terrorism. The bill would make it a felony under New York State law to use, manufacture, or possess any biological, chemical or nuclear agent that could cause mass destruction.

"Unlike conventional weapons, agents of mass destruction in even the smallest amounts can wreak incalculable havoc and death," said Balboni. "Though no one is known to have died or been injured in New York through the use of chemical or biological agents, their potential to paralyze our cities warrants legislative action to deal with the eventuality."

Senator Balboni noted that the recent Anthrax scare at the Hempstead and Mineola courthouses illustrates how vulnerable our community is to biological weapons. Just the threat of Anthrax exposure was enough to destabilize two courthouse complexes, snarl traffic for miles, and inspire public fear, not to mention all the emergency response measures that needed to be activated.

The provisions of the legislation create the felony crime of possessing, manufacturing or weapons of mass destruction punishable by up to 25 years in prison. In addition, the bill makes it a crime for a person having "reasonable access" to these agents to threaten another individual within or outside of New York State. Any threats or attacks against water supplies, food sources and agriculture would also be considered a felony.

During his debate on the bill on the Senate floor in May, Senator Balboni noted how the release of nerve gas in a Tokyo subway in 1995 killed 12 people and injured more than 5,000. The relative ease of transporting and deploying agents of mass destruction (such as Anthrax, ricin, sarin and the ebola virus) worries law enforcement and emergency management personnel who point out that currently, there are no statutes in place in New York law to deal with such a threat.

"Employing weapons of mass destruction is an act of terrorism which threatens our safety and security. Whether the threat comes from outside our nation's borders or from within our own state, law enforcement must be given the authority to counter terrorist activity before catastrophe strikes," Balboni concluded.