richmond terrorism hb 53 2002 senate digest etc act 128 0000jhtv

8/9/2019 Richmond Terrorism HB 53 2002 Senate Digest Etc ACT 128 0000JHTV

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HOUSE SUMMARY OF SENATE AMENDMENTS

House Bill No. 53 by Representative Downer

CRIME/TERRORISM: Enacts the Louisiana Anti-terrorism Act (Item #110)

Synopsis of Senate Amendments

1. Adds the act of terrorism to those crimes statutorily designated as crimes of

violence.

2. Removes specific stipulation that the provisions of the act shall not apply to a

bona fide legal labor organization or any of its legal activities.

3. Clarifies the elements of the crime of aiding others in terrorism.

4. Adds requirement that to commit an act of hindering prosecution of

terrorism, the offender must know or believe that the person being concealed,

harbored, warned or aided has committed an act of terrorism.

5. Changes the definition of "material support or resources" to specify that a

medical exception only includes the provision of medical attention by a

licensed health care provider.

6. Adds requirement that any deputy or assistant attorney general must have

written authorization of the attorney general to apply for interception of wire

or oral communications.

7. Provides that on and after July 1, 2005, that the attorney general with the

consent of the district attorney in which a interception of wire or oral

communication takes place, may not apply for an interception of such

communication related to terrorism or crimes related to aiding others in

terrorism. Restores present law on and after July 1, 2005.

8. Provides that on and after July 1, 2005, criminal intelligence information,

threat or vulnerability assessments related to terrorist-related activities are

subject to disclosure under the Public Records Law. Restores present law on

and after July 1, 2005.

Digest of Bill as Finally Passed by Senate

Abstract: Enacts the Louisiana Anti-terrorism Act. Creates the crimes of terrorism and

aiding others in terrorism. Authorizes the interception of wire or oral

communications for purposes of investigating crimes of terrorism and aiding others

in terrorism. Amends first degree murder statute to include the killing of a human

being when the offender is engaged in the perpetration or attempted perpetration of

terrorism. Adds criminal intelligence information and threat or vulnerabilityassessments collected or obtained in the prevention of terrorist-related activity to the

list of types of information excluded from disclosure under the public records law.

Proposed law enacts the Louisiana Anti-terrorism Act.

Proposed law creates the crime of terrorism, which is the commission of one of the following

acts with the intent to intimidate or coerce the civilian population, influence the policy of a

unit of government by intimidation or coercion, or affect the conduct of a unit of government

by intimidation or coercion:

(1) The intentional killing of a human being.(2) The intentional infliction of serious bodily injury upon a human being.


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(3) The kidnapping of a human being.

(4) The aggravated arson upon any structure, watercraft, or movable.

(5) The intentional aggravated criminal damage to property.

Proposed law provides for the following penalties for the crime of terrorism:

(1) When the terrorism involves the killing of a human being, the offender shall be

sentenced to life imprisonment at hard labor.

(2) When the terrorism involves the infliction of serious bodily injury, the offender shall

be sentenced to imprisonment at hard labor for not more than 30 years.

(3) When the terrorism involves kidnapping, the offender shall be sentenced to

imprisonment at hard labor for not more than 10 years.

(4) When the terrorism involves aggravated arson, the offender shall be sentenced to

imprisonment at hard labor for not less than six years nor more than 40, with at least

four years without benefit of probation, parole or suspension of sentence.

(5) When the terrorism involves aggravated criminal damage to property, the offender

shall be sentenced to imprisonment at hard labor for not less than one year nor morethan 30 years.

Proposed law adds the act of terrorism to these crimes statutorily designated as crimes of

violence.

Present law defines first degree murder as the killing of a human being when the offender has

specific intent to kill or inflict great bodily harm and the offender is engaged in the

perpetration or attempted perpetration of aggravated kidnapping, second degree kidnapping,

aggravated escape, aggravated arson, aggravated rape, forcible rape, aggravated burglary,

armed robbery, drive-by shooting, first degree robbery, or simple robbery. Present

law provides that the criminal penalties for first degree murder include death or lifeimprisonment at hard labor without the benefit of probation, parole, or suspension of

sentence.

Proposed law retains present law and adds terrorism to this list of enumerated offenses.

Proposed law provides that nothing in the section of law creating the crime of terrorism shall

be construed to prevent lawful assembly and peaceful and orderly petition for the redress of

grievances, including, but not limited to, labor disputes.

Proposed law creates the crime of aiding others in terrorism, which is the raising, soliciting,

collecting, or providing material support or resources with intent that such will be used, in

whole or in part, to plan, prepare, carry out, or aid in any act of terrorism or hindering the

prosecution of terrorism or the concealment of, or escape from, an act of terrorism. Provides

definition of "material support or resources". Provides that "hindering prosecution of

terrorism" shall include but is not limited to the following:

(1) Harboring or concealing a person who is known or believed by the offender to have

committed an act of terrorism.

(2) Warning a person who is known or believed by the offender to have committed an act

of terrorism of impending discovery or apprehension.

(3) Suppressing any physical evidence which might aid in the discovery or apprehensionof a person who is known or believed by the offender to have committed an act of

terrorism.

Proposed law provides for the following criminal penalties for aiding others in terrorism:

(1) If the underlying offense is punishable by life, the offender shall be imprisoned at hard

labor for 10 to 50 years without benefit of probation, parole, or suspension of

sentence.

(2) In all other cases, the offender shall be fined, imprisoned, or both, in the same manner

as the underlying offense. The fine or imprisonment shall be not less than one-half ofthe minimum fine or imprisonment of the underlying offense and shall not exceed one-


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half of the maximum fine or imprisonment of the underlying offense.

Present law (R.S. 15:1308(A)(2)) authorizes the attorney general, with the approval of the

district attorney in whose district the interception of wire or oral communications is to take

place, and the district attorney, with the approval of the attorney general, to authorize an

application to a judge in whose district the interception of wire or oral communications willtake place, or approving the interception of wire or oral communications by an investigative

or law enforcement officer related to the commission, attempted commission, or conspiracy

to commit certain enumerated felony offenses.

Proposed law retains present law and authorizes the interception of wire or oral

communications related to the commission, attempted commission, or conspiracy to commit

terrorism and aiding others in terrorism. Provides that this authority terminates on July 1,

2005. Restores present law on and after July 1, 2005.

Present law (R.S. 44:3(A)) provides that certain records of prosecutors, law enforcement

agencies, investigative agencies, communications districts, and intelligence agencies are notsubject to public disclosure.

Proposed law adds the following to this listing:

(1) Criminal intelligence information pertaining to terrorist-related activities; and

(2) Threat or vulnerability assessments collected in the prevention of terrorist-related

activity, including but not limited to physical security information, proprietary

information, operational plans, and the analysis of such information.

Proposed law provides that on and after July 1, 2005, criminal intelligence information, threat

or vulnerability assessments related to terrorist-related activities are subject to disclosureunder the Public Records Law. Restores present law on and after July 1, 2005.

Proposed law directs the La. State Law Institute to redesignate Subpart D of Part VII of

Chapter 1 of Title 14 as Subpart E of Part VII of Chapter 1 of Title 14, and to redesignate

Subpart E of Part VII of Chapter 1 of Title 14 as Subpart F of Part VII of Chapter 1 of Title

14, for organizational purposes.

(Amends R.S. 14:30(A)(1), R.S. 15:1308(A)(intro. para.), and R.S. 44:3(A)(3); adds R.S.

14:2(13)(ff), 128.1 and 128.2 and R.S. 15:1308(A)(2)(o) and (p); redesignates existing

Subparts D and E of Part VII as Subparts E and F, respectively, all of Part VII of Ch. 1 of

Title 14 of the Louisiana Revised Statutes of 1950)

richmond terrorism hb 53 2002 senate digest etc act 128 0000jhtv

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