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S1292Senate2017-2018 Session

Make Terrorism Recruitment Illegal

Official title

“Establishes the crime of terrorism recruitment, a class C felony”

Sponsor Carl L. MarcellinoSD-5+1 co-sponsorAffects Legal
Status
In Senate Committee
Codes
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill creates the crime of terrorism recruitment, making it a class C felony to recruit others to commit terrorism-related offenses.

Why it matters

  1. Broadens the scope of criminal liability. by making it a felony not only to commit a terrorism-related crime but also to actively recruit, solicit, or otherwise encourage others to do so—meaning individuals can be prosecuted even if no terror act actually occurs.

  2. Targets pre-criminal activity. by criminalizing the recruitment process itself, aiming to disrupt terrorist plots at earlier stages and potentially deterring individuals from attempting to build or expand terror networks.

  3. Expands prosecutorial tools. for law enforcement, giving them a specific statute to charge individuals involved in the organization or incitement of terrorism, rather than relying solely on conspiracy or material support charges.

  4. Carries serious legal consequences. as a class C felony, which can mean significant prison time, signaling the state’s intent to treat recruitment for terrorism as a grave public safety threat.

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Who cares

  • Prosecutors

    The bill would create a class C felony for intentionally recruiting, soliciting or otherwise attempting to cause another person to commit a crime under the Penal Law’s terrorism article.

  • Law enforcement agencies

    The new offense would cover attempts to induce terrorism-related crimes without requiring that the recruited person carry out the intended crime.

  • Criminal defense attorneys and defendants

    Cases under the new offense would turn on whether the accused intended another person to commit a crime covered by the terrorism article and attempted to cause that conduct.

Headline styles

Make Terrorism Recruitment Illegal

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Carl L. Marcellino

Senator · Senate District 5

Chair, Education

1 Co-sponsor

History

  1. Referred to codes
  2. Returned to senate
  3. Died in assembly
  4. Referred to codes
  5. Delivered to assembly
  6. Passed senateVote 61–2
  7. Ordered to third reading cal.1394
  8. Committee discharged and committed to rules
  9. Referred to codes

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1292

2017-2018 Regular Sessions

IN SENATE

January 9, 2017

Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to establishing the crime of terrorism recruitment, a class C felony

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The penal law is amended by adding a new section 490.60 to read as follows: § 490.60 Terrorism recruitment.

A person is guilty of terrorism recruitment when, with intent that another person engage in conduct constituting any crime set forth in this article, he or she recruits, solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct.

Terrorism recruitment is a class C felony.

§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05842-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to establishing the crime of terrorism recruitment, a class C felony

Purpose

This bill establishes the crime of terrorism recruitment, a class C felony.

Summary of provisions

The penal law is amended by adding a new section 490.60 to create the crime of terrorism recruitment.

A person is guilty of terrorism recruitment when, with intent that another person engage in conduct constituting a crime, he or she recruits, solicits, requests, commands, importunes or otherwise attempts to cause a person to engage in terrorist conduct.

Justification

Terrorist organizations and their membership are in a perpetual search to recruit new members. Terrorists seek to entice the disenfranchised and gain members to carry out criminal acts.

The active recruitment for terrorist acts is a growing trend which requires an immediate response. As law enforcement actively seeks to unearth these groups and defeat their heinous schemes, we have a responsibility to hold accountable those who solicit or recruit individuals or groups for terrorism. This bill seeks to effectively deter terrorist recruitment and punish those who seek to employ others for their criminal plans.

Legislative history

S.455 of 2015/16.

Fiscal implications

None.

Effective date

This act shall take effect on the first November next succeeding the date on which it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.