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AB-2101 Terrorism.(2001-2002)

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AB2101:v98#DOCUMENT

Amended  IN  Assembly  April 11, 2002

CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Assembly Bill
No. 2101

Introduced  by  Assembly Member Rod Pacheco, Bogh, Zettel
 (Coauthor(s): Assembly Member Aanestad, Bates, Briggs, Bill Campbell, John Campbell, Cogdill, Cox, Daucher, Dickerson, Harman, Hollingsworth, Kelley, La Suer, Leach, Leonard, Leslie, Maddox, Maldonado, Robert Pacheco, Pescetti, Runner, Strickland, Wyland, Wyman)
 (Coauthor(s): Senator Ackerman)

February 19, 2002

An act to add Article 4 (commencing with Section 11350) to Chapter 3 of Title 1 of Part 4 of the Penal Code, relating to terrorism, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 2101, as amended, Rod Pacheco. Terrorism.
Under existing law, terrorist activity is punishable under laws proscribing criminal conduct, including laws proscribing train wrecking, false reporting of bombs, improper possession or transport of explosives and hazardous materials, possession or use of weapons of mass destruction, assault, and others.
This bill would create a new felony crime of engaging in terrorist activity, as defined, with violations punishable by 10, 15, or 25 years in the state prison. Attempts would be punished the same as the completed offenses. If a person inflicted great bodily injury in the commission of this offense, there would be an additional and consecutive sentence of 25 years to life, as specified. No conduct credits either before or after sentencing would be available to a person convicted under these provisions. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Article 4 (commencing with Section 11350) is added to Chapter 3 of Title 1 of Part 4 of the Penal Code, to read:
Article  4. Terrorist Activity

11350.
 For purposes of this article:
(a) “Terrorist activity” means any unlawful activity that involves any of the following:
(1) The hijacking or sabotage of any aircraft, any vessel involved in commercial or public transit of people or goods, or of any mass transportation vehicle that provides regular and continuing general or special transportation to the public, including schoolbus, charter, or sightseeing transportation.
(2) The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel an elected or appointed official or former official of the federal, state, or local government to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained.
(3) A violent attack upon an internationally protected person as defined in paragraph (4) of subsection (b) of Section 1116 of Title 18 of the United States Code, or upon the liberty of such a person.
(4) A violent attack upon an elected or appointed official or former official of the federal, state, or local government, or upon the liberty of such person in retaliation for, or to prevent the performance of official duties.
(5) An assassination.
(6) The use of any biological agent, chemical agent, or nuclear weapon or device.
(7) The sabotage of any stationary electric wholesale generating facility, however powered, or any electric or natural gas transmission facilities, excluding local distribution facilities.
(8) An attempt or conspiracy to do any of the foregoing.
(9) A threat to do any of the foregoing with the specific intent to do the threatened act, if the threat is so unequivocal, unconditional and specific as to convey to the person threatened a gravity of purpose and intent to execute the threat, and thereby causes reasonable and sustained fear.
(b) “Material support” means any kind of physical support except medicine or religious materials, including, but not limited to, a safe house, transportation, communications, funds, transfer of either funds or other material financial benefits, false documentation or identification, weapons, explosives, or training, as well as any expert assistance that is sufficiently beyond common experience that the assistance would be useful to a typical nonexpert if the expert knows or intends that the assistance will be used in support of terrorist activities.
(c) “Terrorist organization” means any organization that intends to commit or materially support, or has committed or materially supported terrorist activities regardless of the organization’s other activities.

11351.
 (a) Any person who does any of the following acts described in subdivision (b), which appears to be intended to intimidate do any of the following, is guilty of engaging in terrorist activity, which is a felony:
(1) Intimidate or coerce a civilian population, influence.
(2) Influence the policy of a government by intimidation or coercion, affect.
(3) Affect the conduct of a government, or retaliate.
(4) Retaliate against government conduct, is guilty of engaging in terrorist activity, which is a felony.

(a)

(b) (1) Commits, in an individual capacity or as a member of an organization, an act of terrorist activity.

(b)

(2) With knowledge of its potential use, gathers or provides information on potential targets for terrorist activity.

(c)

(3) Solicits any individual to engage in a terrorist activity.

11353.
 Any person who commits a crime defined in this article shall be imprisoned in the state prison for 10, 15, or 25 years, and shall pay a fine of up to two hundred fifty thousand dollars ($250,000).

11354.
 Notwithstanding Section 664, an attempt to commit any of these offenses shall be punished as if the crime had been completed.

11355.
 If pled and proved, anyone who personally inflicts great bodily injury on any person other than an accomplice in the commission or attempted commission of a felony defined in this article shall, in addition and consecutive to the punishment prescribed for the conviction, be punished by a term of 25 years to life in prison.

11356.
 Notwithstanding Section 2933, 2933.1, 4019, or any other provision of law, there shall be no good behavior or worktime reduction on credits for time served either before or after sentencing for any crime or enhancement in this article.

11358.
 Nothing in this chapter shall be construed to prevent punishment instead pursuant to any other provision of law that imposes a greater or more severe punishment.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
To properly investigate and prosecute terrorism, which poses an immediate and ongoing threat to the safety of this state and its citizens, it is necessary that this act go into immediate effect.