Legislature(2001 - 2002)

01/31/2002 03:30 PM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
         SB 240-TERRORISTIC THREATENING/PIPELINE DAMAGE                                                                     
                                                                                                                                
CHAIRMAN  THERRIAULT  announced  there was  a  proposed  committee                                                              
substitute  (CS)  before the  committee  and  a request  from  the                                                              
departments  to  consider  additional  language.  He asked  for  a                                                              
motion to adopt the \C version as the working document.                                                                         
                                                                                                                                
SENATOR  DAVIS moved  to adopt  the \C  version of  SB 240 as  the                                                              
working document. There was no objection.                                                                                       
                                                                                                                                
CHAIRMAN THERRIAULT asked Annie Carpeneti  to explain the proposed                                                              
amendment.                                                                                                                      
                                                                                                                                
ANNIE  CARPENETI   from  the  Department  of  Law   explained  the                                                              
amendment  before  the  committee  was the  result  of  additional                                                              
conversations  among state attorneys  general who are  identifying                                                              
areas  of the  law  that should  be  strengthened  to provide  for                                                              
adequate response to crimes committed by terrorists.                                                                            
                                                                                                                                
The first is an amendment to the  conspiracy laws to add three new                                                              
target crimes to the present law. These additions are:                                                                          
   1. Conspiracy to intentionally cause damage to an oil or gas                                                                 
     pipeline or supporting facility.                                                                                           
   2. Terroristic threatening by conspiring to send a dangerous                                                                 
     substance such as anthrax or an imitation substance to                                                                     
     another person.                                                                                                            
   3. Conspiring to commit criminal mischief in the first degree                                                                
     such as tampering with an oil or gas pipeline or supporting                                                                
     facility.                                                                                                                  
                                                                                                                                
The second  suggestion  would provide amendments  to the  statutes                                                              
addressing murder in the first degree. It adds:                                                                                 
   1. Intentionally causing damage to an oil or gas pipeline that                                                               
     directly results in the death of a person.                                                                                 
   2. Committing terroristic threatening in the first degree and                                                                
     in the course of or furtherance of the offense or in                                                                       
     immediate flight from that offense, the death of a person is                                                               
     the direct result.                                                                                                         
                                                                                                                                
   CHAIRMAN THERRIAULT asked  for clarification of,  "death during                                                              
   flight from the scene."                                                                                                      
                                                                                                                                
   MS. CARPENETI explained  it refers to perpetrators  fleeing the                                                              
   scene. It does not  apply to one  victim fleeing the  scene who                                                              
   happens to run over another fleeing victim.                                                                                  
                                                                                                                                
   CHAIRMAN THERRIAULT then asked for clarification  of, "a direct                                                              
   result of."                                                                                                                  
                                                                                                                                
   MS. CARPENETI  replied  it  must happen  in  the course  of  or                                                              
   furtherance of the underlying crime. It  can't be an accidental                                                              
   crime  that's  unconnected   to  the  actions  of   the  person                                                              
   perpetrating the underlying felony.                                                                                          
                                                                                                                                
   CHAIRMAN THERRIAULT said the  meaning of, "a direct  result" is                                                              
   clear if  a  pipeline facility  is  blown up  and  a worker  is                                                              
   killed in the explosion, but what about  an individual that has                                                              
   a heart attack?                                                                                                              
                                                                                                                                
   MS. CARPENETI said if the individual is at  the scene and has a                                                              
   heart attack as a result of being present  and under the stress                                                              
   of the explosion  then the law  would apply. However,  it would                                                              
   not apply to injured or  killed firefighters who would  come to                                                              
   put out the fire because  that wouldn't be in the  course of or                                                              
   furtherance of the felony.                                                                                                   
                                                                                                                                
   CHAIRMAN THERRIAULT asked if  there would be a connection  if a                                                              
   bomb struck  the  Capitol Building  and  an  individual in  the                                                              
   State Office Building next door died of a heart attack.                                                                      
                                                                                                                                
   MS. CARPENETI said it probably would not  apply here because it                                                              
   would not  be in the  course of  the explosion  in the  Capitol                                                              
   Building.                                                                                                                    
                                                                                                                                
   MS. CARPENETI said the last item covered  in the amendment came                                                              
   as  a   suggestion  from   the   legislative  attorney,   Jerry                                                              
   Luckhaupt, and may  have been  addressed in the  CS. It  is for                                                              
   terroristic threatening in  the first  degree to apply  to real                                                              
   or imitation biological or chemical substances.                                                                              
                                                                                                                                
   CHAIRMAN THERRIAULT  said  it was  not covered  in  the CS  and                                                              
   advised committee members the bill wording  said, "an imitation                                                              
   substance."                                                                                                                  
                                                                                                                                
   MS. CARPENETI established if  a real substance such  as anthrax                                                              
   was sent  and  no  one was  harmed  it  wouldn't apply  so  the                                                              
   amendment makes the repair.                                                                                                  
                                                                                                                                
   CHAIRMAN THERRIAULT  noted section 2  of the  CS creates  a new                                                              
   category  of conspiracy  and  he  questioned  why  this  wasn't                                                              
   incorporated into the existing statutes on conspiracy.                                                                       
                                                                                                                                
   MS. CARPENETI pointed out it isn't referring  to conspiracy but                                                              
   criminal  mischief  by damaging  an  oil  or  gas  pipeline  or                                                              
   supporting facility.  She  explained they  brought  this up  to                                                              
   criminal mischief  in  the first  degree  as  a separate  crime                                                              
   because it is only  one act, not  a series of acts.  They could                                                              
   have incorporated this into existing statutes  and had criminal                                                              
   mischief in five  degrees rather than  four degrees,  but doing                                                              
   so   would   require   changing   all   the   other   statutes.                                                              
   Additionally, such a change  would be cause for  some confusion                                                              
   in law  enforcement  because  criminal  mischief in  the  first                                                              
   degree, which is now a class B felony,  would change to a class                                                              
   A felony.                                                                                                                    
                                                                                                                                
   CHAIRMAN  THERRIAULT  announced   his  intention   to  continue                                                              
   working with  the  legal  department  to address  the  drafting                                                              
   choice on section 2.                                                                                                         
                                                                                                                                
   SENATOR PHILLIPS expressed the same concern.                                                                                 
                                                                                                                                
  CHAIRMAN THERRIAULT thought the final document would be ready                                                                 
   next week.                                                                                                                   
                                                                                                                                
   CSSB 240 was held in committee.                                                                                              

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