Legislature(2001 - 2002)

03/18/2002 03:38 PM RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
         SB 240-TERRORISTIC THREATENING/PIPELINE DAMAGE                                                                     
                                                                                                                                
CHAIRMAN TORGERSON announced SB 240 to be up for consideration.                                                                 
                                                                                                                                
MS. ANNIE  CARPENETI,  Department of  Law, said  that most  of the                                                              
bill consists of conforming amendments. She explained:                                                                          
                                                                                                                                
     The bill first makes conspiracy  to damage an oil or gas                                                                   
     pipeline or a supporting facility  or commit other forms                                                                   
     of  criminal mischief  in  the first  degree  a class  B                                                                   
     felony. It  also makes conspiracy to  commit terroristic                                                                   
     threatening in the first degree,  which is added in this                                                                   
     bill  and  which prohibits  sending  real  or  imitation                                                                   
     chemical  or biological substances  and causing  fear or                                                                   
     other harm, a Class C felony.  It provides that a person                                                                   
     commits  murder  in the  first  degree, who  commits  or                                                                   
     attempts to commit  intentional damage to an  oil or gas                                                                   
     pipeline or  supporting facilities and in the  course of                                                                   
     the offense or in the immediate  flight from the offense                                                                   
     another person  is killed it  provides that  that person                                                                   
     commits murder  in the first degree. These  levels would                                                                   
     probably be  murder in the second degree  under existing                                                                   
     law because  it would be  committing a knowing  act with                                                                   
     disregard of  the consequences, but this raises  them to                                                                   
     murder in  the first  degree. It does  the same  thing -                                                                   
     provides that person commits  murder in the first degree                                                                   
     or  who attempts  to commit  terroristic threatening  in                                                                   
     the  first  degree  by  sending   a  real  or  imitation                                                                   
     chemical  or biological  substance and  causing fear  or                                                                   
     other  harm.  It  raises  the   crime  of  intentionally                                                                   
     causing damage to an oil or  gas pipeline from a class B                                                                   
     felony  to  a  class  A felony.  In  those  levels,  the                                                                   
     maximum penalties  for a class  B felony [are]  10 years                                                                   
     incarceration and, for a class  A felony, it is 20 years                                                                   
     incarceration.                                                                                                             
                                                                                                                                
     It also raises tampering with  an oil or gas pipeline or                                                                   
     supporting facility  from a class C felony to  a class B                                                                   
     felony.  A  class  C  felony   has  a  maximum  term  of                                                                   
     imprisonment of  five years. It adds tampering  with the                                                                   
     water supply  or air, atmosphere,  with intent  to cause                                                                   
     physical  injury  to  criminal  mischief  in  the  first                                                                   
     degree.  Current  law  prohibits   tampering  with  food                                                                   
     supply,  cosmetics or  drugs  with the  intent to  cause                                                                   
     physical  injury to  another. This  adds tampering  with                                                                   
     water or with air.                                                                                                         
                                                                                                                                
     It  makes  a  class  B  felony to  send  a  real  or  an                                                                   
     imitation biological  substance with intent  to frighten                                                                   
     people or cause serious public  inconvenience. Depending                                                                   
     on  the  circumstances  under  current  law  this  would                                                                   
     either not be  a crime or it would be a  class C felony.                                                                   
     It also adds to terroristic  threatening in current law,                                                                   
     which  would be  changed  to second  degree  terroristic                                                                   
     threatening conduct, such as  making a false report that                                                                   
     anthrax  or  another  type  of  biological  or  chemical                                                                   
     substance  is  being  mailed  and  thus  causing  public                                                                   
     inconvenience  or  fear.  It also  adds  to  terroristic                                                                   
     threatening in the second degree  making threats against                                                                   
     an  oil or  a  gas pipeline.  So,  those  are the  major                                                                   
     highlights of what it does to Title 11.                                                                                    
                                                                                                                                
     There are  a number of conforming amendments.  The bill,                                                                   
     when  it  was originally  introduced,  made  intentional                                                                   
     damage to an  oil or gas pipeline a separate  offense, a                                                                   
     class A felony.  Senate State Affairs decided  that they                                                                   
     preferred making  criminal mischief in the  first degree                                                                   
     all forms of  that conduct - changing it from  a class B                                                                   
     to a class  A felony - which then necessitated  changing                                                                   
     all  of the  other forms  of criminal  mischief so  that                                                                   
     now,  under this  version of  the bill,  there are  five                                                                   
     levels of  criminal mischief. Although the  main changes                                                                   
     are the ones at the high end,  making intentional damage                                                                   
     to an oil or gas pipeline and  similar activities. Under                                                                   
     that section,  a class  A felony rather  than a  class B                                                                   
     felony.                                                                                                                    
                                                                                                                                
SENATOR  TAYLOR  asked, regarding  sections  21  and 22,  if  they                                                              
picked up domestic violence when they notched everything up.                                                                    
                                                                                                                                
MS. CARPENETI  replied that section  21 is for victim  and witness                                                              
confidentiality. It  adds terroristic threatening to  those crimes                                                              
where if a victim  wants his or her identity and  phone number and                                                              
address kept  confidential and the  defendant is  representing him                                                              
or herself, they  have to have some sort of  procedures so that...                                                              
[THE  TELECONFERENCING  WAS  CUT   OFF  AT  THIS  POINT  AND  SOME                                                              
TESTIMONY WAS MISSED.]                                                                                                          
                                                                                                                                
SENATOR TAYLOR  moved to  pass CSSB  240(STA) from committee  with                                                              
individual recommendations.  There were  no objections and  it was                                                              
so ordered.                                                                                                                     

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