Legislature(2001 - 2002)
05/10/2002 05:38 PM Senate FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE CS FOR CS FOR HOUSE BILL NO. 350(JUD)
"An Act relating to murder, conspiracy, criminal mischief, and
terroristic threatening; and providing for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
REPRESENTATIVE LESIL MCGUIRE testified this legislation is an
"omnibus homeland security bill." She shared that this bill was
prompted by the terrorist events that occurred on September 11,
2001. She noted that she, along with representatives from the
Department of Law, reviewed current statutes to identify those that
could be updated to "reflect the new circumstances and security
threats that we face." She spoke to the numerous hearings this bill
has received and the significant efforts to "fine tune" the
language.
Representative McGuire stated the intent of this bill is to provide
"tools" to allow the discouragement of false threats and the
punishment of attempts to practice terrorism, while ensuring that
the provisions are not too broad. She explained that laws
addressing criminal mischief and terroristic threatening are
"expanded," by specifying that intentional damage of pipelines or
facilities "that provide lifelines to communities" is a Class A
felony punishable by up to 20 years imprisonment. She listed water,
gas or electrical distribution systems and elements of the
emergency responder systems as some such lifeline facilities. She
continued that attempts, whether successful or unsuccessful, to
damage airplanes or helicopters would be Class B felonies.
Representative McGuire asserted that existing statutes related to
terroristic threats are ineffective. This legislation, she stated,
classifies such offenses into terroristic threatening in the first
and second degrees. She listed false reports that cause serious
bodily harm as Class B felonies, and intentionally threatening to
damage pipelines, utilities or transportation systems as a Class C
felony.
Representative McGuire pointed out this bill creates new statutes
pertaining to the offense of intentionally tampering with air and
water. She noted that current statutes address intentional
tampering with food and cosmetics.
Co-Chair Kelly asked why this legislation specifies tampering with
aircraft and not other modes of transportation.
Representative McGuire replied the intent is to address areas
deemed as likely targets. She did not oppose adding other vehicles
if the Committee deemed necessary. She emphasized that the burden
of proof as to the mental state of an individual causing such
tampering is fairly low and therefore the intent is to ensure that
the vehicle tampered with indicates the offense "is very serious
that could cause serious harm."
Co-Chair Kelly why buses and other vehicles are not included in
this provision.
ANNE CARPENETI, Assistant Attorney General, Legal Services Section,
Criminal Division, Department of Law, responded this provision
relates to current law adopted in 1978 and only increases the
severity of these offenses. She surmised the reason that aircraft
was specified is due to the potential widespread harm that
intentional tampering to these vehicles could cause.
Senator Ward asked if the provisions would apply in the event of
intentional damage to a pipeline inflicted using a boat, at a
location where the pipeline crosses a river.
Representative McGuire affirmed noting that the crime committed
would be tampering with a pipeline regardless of the means
employed.
Senator Hoffman asked about a potential smallpox scare.
Representative McGuire referenced language on page 9 of the bill
addressing bacteriological agents, noting that making threats of
such an outbreak would be classified as terroristic threatening in
the second degree.
Representative McGuire relayed discussions held during the Senate
Judiciary Committee hearing on this bill about the specific
identification of bacteriological, biological, chemical, or
radiological substance as meaning "a material that is capable of
causing serious physical injury". She stated prior language read,
"a substance that could serious bodily harm" and noted that
concerns were raised that this language was "too broad" and could
be misinterpreted. She noted the current language reflects the
federal definition.
Senator Hoffman asked about an actual intentional spreading of a
smallpox virus as opposed to making a threat.
Ms. Carpeneti responded that because the smallpox virus is
transmitted by air, the intentional release of the virus would be
classified as criminal mischief in the second degree and a Class B
felony. She furthered that terroristic threatening in the first
degree includes the offense of sending a real or fake
bacteriological agent.
Senator Ward "moved Senate committee substitute for committee
substitute for House Bill number 350 Judiciary out of Committee
with individual recommendations and the accompanying fiscal notes."
Without objection SCS CS HB 350 (JUD) MOVED from Committee with a
zero fiscal note #1, dated 2/20/02 from the Alaska Court System;
and three indeterminate fiscal notes: #3 dated 2/19/02, from the
Department of Law; #4 dated 2/21/02, from the Department of
Administration; #5 dated 2/26/02, from the Department of
Corrections.
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