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STATE OF NEW YORK
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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