Gov. Andrew Cuomo speaking at the New York City Bar Association today. Photo: Courtesy of Eli Cohen

Speaking at the New York City Bar Association headquarters in Manhattan, Gov. Andrew Cuomo provided more details on a proposal to add a new crime of domestic terrorism to the state’s penal law in response to the recent mass shooting in El Paso, Texas. 

Cuomo decried the shooting, which the police said targeted Mexicans last week, as a “mass hate crime,” which he now wants to define in state law as an act of domestic terrorism.

“These are American citizens who are radicalized, not by a foreign ideology, but rather radicalized by hate for other Americans,” Cuomo said. “But that is sill terrorism.”

The proposal, if enacted, would make New York the first state in the country to redefine domestic terrorism as a crime in state law as described by Cuomo. He criticized federal lawmakers, including President Donald Trump, for not taking similar measures after the nation’s most recent mass shootings in El Paso and Dayton, Ohio.

“If the federal government won’t act, or if the federal government can’t act, New York state will,” Cuomo said. “We must begin by recognizing the crisis for what it is because you will never solve a problem in life that you are unwilling to admit.”

Cuomo first proposed the new law, which he’s calling the Hate Crimes Domestic Terrorism Act, during a radio interview Wednesday, but little details were known at the time. During his remarks at the City Bar on Thursday, he expanded on the idea.

The new law would criminalize, as domestic terrorism, a mass casualty committed in New York where the motive is based on someone’s race, religion, creed or sexual orientation. The penalty for the crime would be a maximum sentence of life without parole, Cuomo said.

“Mass hate crimes are terrorism, and the punishment should fit the crime,” Cuomo said.

Under the proposal, a mass casualty would be defined as any incident, motivated by hate, that results in the murder of at least one person and the attempted murder of at least two people, according to Cuomo’s office.

The bill would also create a task force to study mass shootings and recommended practices to prevent potential mass shootings. The task force would also recommend security practices for locations likely to be targeted by mass shooters. Those findings would be submitted to the governor and the Legislature.

In a statement released by Cuomo’s office after his remarks, the leaders of the Legislature said they intend to work on the proposal with the governor’s office in the future. Neither explicitly offered support for Cuomo’s proposal as outlined Thursday, but said they would collaborate on a final version.

“Our diversity is our strength, and we will work with the Senate and the Governor to create effective laws to ensure the safety of all New Yorkers,” said Assembly Speaker Carl Heastie, D-Bronx.

“The Senate Democratic Majority has worked hard to protect and expand New Yorkers’ rights, and ensure all residents of our state feel safe and welcome,” said Senate Majority Leader Andrea Stewart-Cousins, D-Westchester. “We look forward to working with both the Governor and the Speaker to advance these important goals.”

Bret Parker, the executive director of the New York City Bar Association, applauded Cuomo’s remarks in a statement released Thursday afternoon.

“We have called on our elected officials to acknowledge the link between hateful rhetoric and identity-based violence, and we applaud the Governor for his efforts in tackling this issue to make our communities safer,” Parker said.

Terrorism is already punishable under state law, but it isn’t defined as specifically as Cuomo’s proposal. The current crime of terrorism is a Class A felony, the highest degree in New York. Considering Cuomo’s suggested sentence, the new crime would be the same.

Cuomo also challenged federal lawmakers to enact a series of new gun-control measures, including universal background checks for gun purchases and a ban on high-capacity magazines and assault-style weapons. The U.S. House of Representatives has already approved the first measure, on which the Senate has not taken a vote.

Without mentioning the president’s name, Cuomo largely blamed him, and other Republicans, for the recent mass shootings, which he said were the result of a “toxic cocktail of guns and hate.”

“Hate can pick up a rock or a club and shatter a life, but we are facing the lethal combination of hate and guns,” Cuomo said. “The President knows the obvious truth. If there is no gun, there is no trigger.”

New York enacted its own sweeping set of gun control reforms in 2013, after the mass shooting at Sandy Hook Elementary School in Connecticut. Dubbed the SAFE Act, the measure required universal background checks, created a mental health database, and banned assault-style weapons, among other provisions.

The Legislature took another step toward further gun control laws this year when it passed a bill that will allow judges to temporarily bar someone from owning or buying a gun, based on concerns that they could hurt themselves or others. That decision is subject to judicial review.

If lawmakers want to act on Cuomo’s new proposal, it likely won’t happen until January at the earliest. That’s when next year’s legislative session is scheduled to begin. They could come back for a special session in the meantime, but that’s rarely happened in recent history.

Neither legislative leader indicated in their statement sent by Cuomo’s office that they would return to Albany immediately to act on the proposal.

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