Legislature(2001 - 2002)
01/24/2002 03:34 PM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 240-TERRORISTIC THREATENING/PIPELINE DAMAGE
ANNIE CARPENETI with the Criminal Division of the Department of
Law informed members of the meeting district attorneys throughout
the state held to discuss Title 11 and associated issues. The
meeting resulted in the following suggestions for amending Title
11.
· Increase the crime for intentionally damaging an oil or gas
pipeline or supporting facility from a class B felony to a
class A felony.
· Tampering with an oil or gas pipeline or supporting facility
would be raised from a class C felony to a class B felony.
It also adds the offense of making a false threat to damage
an oil or gas pipeline or supporting facility to terroristic
threatening in the second degree, which would be a class C
felony.
· Tampering with water, including a public or private water
supply would be the same class B felony as tampering with
food, drugs, cosmetics or a container for the same.
· It would be a Class B felony to send, deliver or attempt to
solicit the sending or delivery of an imitation chemical or
biological substance with intent to frighten or cause
specific harm or inconvenience such as evacuation of a
building or means of public transportation.
· Making a false threat to send an imitation biological or
chemical substance that is harmful to humans to terroristic
threatening in the second degree, which is a class C felony.
She went on to explain the conforming amendments.
Section 1 adds terroristic threatening in the first
degree, which prohibits making or sending imitation
chemical of biological substance with the intent to
cause fear or physical injury to one of the predicate
crimes that raises stalking in the second degree to
stalking in the first degree. Terroristic threatening
is already included in that bill and this is a
conforming amendment.
CHAIRMAN THERRIAULT asked if the wording: "or an airplane or
helicopter, with reckless disregard for the risk of harm to or
loss of the property;" found on page 3, lines 1 and 2 is there
because that section is being rewritten.
MS. CARPENETI responded it is raised from criminal mischief in
the second degree to criminal mischief in the first degree and
includes tampering with an airplane or helicopter.
CHAIRMAN THERRIAULT observed it is repealed by section 12.
MS. CARPENETI replied what is presently in current law is
repealed because it is brought up to a higher-level offense.
SENATOR PHILLIPS referred to the addition of food and water on
the top of page 3 and asked if air was discussed with particular
reference to crop dusters.
MS. CARPENETI said she didn't participate in the discussions of
Title 11 and didn't know whether that was discussed.
SENATOR PHILLIPS then asked about ventilation systems.
MS. CARPENETI agreed they were good ideas and she would be happy
to give them some thought.
SENATOR PHILLIPS thought air was important.
CHAIRMAN THERRIAULT asked for other questions or additional
testimony.
He ordered SB 240 held in committee.
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