Legislature(2001 - 2002)

01/24/2002 03:34 PM STA

Audio Topic
* first hearing in first committee of referral
+ 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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