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.