Creates the crime of agri-bioterrorism to protect the agricultural industry and preserve the integrity of the state's food production industry and food supply chain; establishes when a person is guilty of the crime of agri-bioterrorism; makes agri-bioterrorism a class B felony.
STATE OF NEW YORK ________________________________________________________________________ 2786 2011-2012 Regular Sessions IN ASSEMBLY January 20, 2011 ___________Introduced by M. of A. CROUCH, KOLB, McKEVITT, BARCLAY, BURLING, DUPREY, HAWLEY, MOLINARO, OAKS, RAIA, SAYWARD -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to creating the crime of agri-bioterrorism THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 490.21 to read as follows: S 490.21 CRIME OF AGRI-BIOTERRORISM. A PERSON IS GUILTY OF AGRI-BIOTERRORISM 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: 1. DESIGNS, DEVELOPS AND UTILIZES A PROCESS OR PROCESSES TO GENET- ICALLY ALTER PLANT LIFE USED FOR HUMAN CONSUMPTION WITH THE INTENT TO RENDER SAID PLANT LIFE TOXIC OR UNSUITABLE FOR HUMAN OR LIVESTOCK CONSUMPTION; 2. INTENTIONALLY INTRODUCES AN ANIMAL VIRUS, PATHOGEN, OR BACTERIA WHICH WOULD KILL LIVESTOCK OR RENDER THE BY-PRODUCTS OF SUCH LIVESTOCK UNUSABLE FOR HUMAN CONSUMPTION; 3. INTENTIONALLY DEFILES, CORRUPTS OR ALTERS THE FOOD OR FARM PRODUCT WITH THE INTENT TO SICKEN OR KILL PERSONS OR ANIMALS; OR 4. INTENTIONALLY MANUFACTURES, DESIGNS, OR ALTERS GENETIC MATERIAL TO RESULT IN A PATHOGEN, VIRUS OR BACTERIA CAPABLE OF DISRUPTING OR DESTROYING THE FOOD OR FARM PRODUCT. AGRI-BIOTERRORISM IS A CLASS B FELONY. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04560-01-1