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S1348................................................by JUDICIARY AND RULES
TERRORISM - Amends and adds to existing law to provide that certain acts
relating to terrorism are unlawful; and to provide for punishment.
01/31 Senate intro - 1st rdg - to printing
02/01 Rpt prt - to Jud
02/11 Rpt out - rec d/p - to 2nd rdg
02/12 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- Stennett
Floor Sponsor - Richardson
Title apvd - to House
02/18 House intro - 1st rdg - to Transp
02/27 Rpt out - ref'd to Jud
03/14 Rpt out - rec d/p - to 2nd rdg
Rls susp - PASSED - 60-6-4
AYES -- Barraclough, Bedke, Bell, Black, Block, Bolz, Bradford,
Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy, Denney,
Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould,
Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jones, Kendell,
Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer,
Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould,
Ridinger, Sali, Schaefer, Sellman, Shepherd, Smith(23), Smylie,
Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- Barrett, Bieter, Boe, Jaquet, Robison, Smith(33)
Absent and excused -- Aikele, Deal, Kellogg, Roberts
Floor Sponsor - Ellsworth
Title apvd - to Senate
03/14 To enrol
03/15 Rpt enrol - Pres signed - Sp signed
03/18 To Governor
03/22 Governor signed
Session Law Chapter 222
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1348
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO TERRORISM; AMENDING CHAPTER 33, TITLE 18, IDAHO CODE, BY THE ADDI-
3 TION OF A NEW SECTION 18-3322, IDAHO CODE, TO PROHIBIT THE USE OF WEAPONS
4 OF MASS DESTRUCTION, TO PROVIDE FOR PUNISHMENT AND TO DEFINE "WEAPON OF
5 MASS DESTRUCTION"; AMENDING CHAPTER 33, TITLE 18, IDAHO CODE, BY THE ADDI-
6 TION OF A NEW SECTION 18-3323, IDAHO CODE, TO PROHIBIT THE USE OF BIOLOGI-
7 CAL WEAPONS, TO PROVIDE FOR PUNISHMENT AND TO DEFINE TERMS; AMENDING CHAP-
8 TER 33, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-3324,
9 IDAHO CODE, TO PROHIBIT THE USE OF CHEMICAL WEAPONS, TO PROVIDE FOR PUN-
10 ISHMENT, TO PROVIDE EXCEPTIONS AND TO DEFINE TERMS; AMENDING SECTION
11 18-4003, IDAHO CODE, TO INCLUDE WITHIN THE DEFINITION OF MURDER OF THE
12 FIRST DEGREE ACTS OF TERRORISM AND THE USE OF A WEAPON OF MASS DESTRUC-
13 TION, BIOLOGICAL WEAPON OR CHEMICAL WEAPON AND TO MAKE A TECHNICAL CORREC-
14 TION; AMENDING SECTION 18-7803, IDAHO CODE, TO INCLUDE TERRORISM WITHIN
15 THE DEFINITION OF "RACKETEERING"; AMENDING SECTION 18-8102, IDAHO CODE, TO
16 DEFINE "TERRORISM" AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
17 18-8103, IDAHO CODE, TO PROVIDE PENALTIES FOR PERSONS WHO COMMIT ACTS OF
18 TERRORISM OR WHO CONSPIRE WITH OTHERS TO COMMIT SUCH ACTS AND TO MAKE
19 TECHNICAL CORRECTIONS; AMENDING CHAPTER 81, TITLE 18, IDAHO CODE, BY THE
20 ADDITION OF A NEW SECTION 18-8106, IDAHO CODE, TO PROHIBIT THE PROVISION
21 OF MATERIAL SUPPORT TO TERRORISTS, TO PROVIDE FOR PUNISHMENT AND TO DEFINE
22 "MATERIAL SUPPORT OR RESOURCES"; AND AMENDING SECTION 19-402, IDAHO CODE,
23 TO INCLUDE REFERENCE TO ACTS OF TERRORISM FOR PURPOSES OF COMMENCING PROS-
24 ECUTION AND TO PROVIDE THAT AN INDICTMENT MAY BE FOUND OR AN INFORMATION
25 INSTITUTED FOR CERTAIN PROSECUTIONS.
26 Be It Enacted by the Legislature of the State of Idaho:
27 SECTION 1. That Chapter 33, Title 18, Idaho Code, be, and the same is
28 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
29 ignated as Section 18-3322, Idaho Code, and to read as follows:
30 18-3322. USE OF WEAPONS OF MASS DESTRUCTION -- DEFINITION. (1) Any person
31 who willfully and without lawful authority uses, threatens, attempts or con-
32 spires to use a weapon of mass destruction, as defined in this section and
33 including a biological agent, toxin or vector, against any person or property
34 shall be guilty of a felony and shall be punished by a term of up to and
35 including life imprisonment or by a fine not exceeding fifty thousand dollars
36 ($50,000), or by both.
37 (2) As used in this section, the term "weapon of mass destruction" means:
38 (a) Any bomb or destructive device, as those terms are defined in section
39 18-3318, Idaho Code;
40 (b) Any weapon that is designed or intended to cause death or serious
41 bodily injury through the release, dissemination or impact of toxic or
42 poisonous chemicals or the precursors of such chemicals;
43 (c) Any weapon involving a disease organism; or
2
1 (d) Any weapon that is designed to release radiation or radioactivity at
2 a level dangerous to human life.
3 SECTION 2. That Chapter 33, Title 18, Idaho Code, be, and the same is
4 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
5 ignated as Section 18-3323, Idaho Code, and to read as follows:
6 18-3323. BIOLOGICAL WEAPONS -- DEFINITIONS. (1) Any person who knowingly
7 develops, produces, stockpiles, transfers, acquires, retains or possesses any
8 biological agent, toxin or delivery system for use as a weapon, or who know-
9 ingly assists another person or group of persons in doing so, or attempts,
10 threatens or conspires to do so, shall be guilty of a felony and shall be pun-
11 ished by imprisonment for a term of up to and including life imprisonment or
12 by a fine not exceeding fifty thousand dollars ($50,000), or by both.
13 (2) As used in this section, the term "for use as a weapon" does not
14 include the development, production, stockpiling, transfer, acquisition,
15 retention or possession of a biological agent, toxin or delivery system for
16 prophylactic, protective or other peaceful purposes if such biological agent,
17 toxin or delivery system is of a type and in a quantity that is reasonable for
18 such purposes.
19 (3) The attorney general of the state of Idaho may obtain in a civil
20 action an injunction against:
21 (a) The conduct prohibited under this section;
22 (b) The preparation, solicitation, attempt, threat or conspiracy to
23 engage in conduct prohibited under this section; or
24 (c) The development, production, stockpiling, acquisition, retention or
25 possession of any biological agent, toxin or delivery system of a type or
26 in a quantity that under the circumstances has no apparent justification
27 for prophylactic, protective or other peaceful purposes.
28 (4) As used in this section:
29 (a) "Biological agent" means any microorganism, virus, infectious sub-
30 stance or biological product that may be engineered as a result of
31 biotechnology, or any naturally occurring or bioengineered component of
32 any such microorganism, virus, infectious substance or biological product
33 that is capable of causing:
34 (i) Death, disease or other biological malfunction in any animal,
35 including humans, or any plant or other living organism;
36 (ii) Deterioration of food, water, equipment, supplies or material
37 of any kind; or
38 (iii) Deleterious alteration of the environment;
39 (b) "Toxin" means the toxic material of animals, plants, microorganisms,
40 viruses, fungi, infectious substances or a recombinant molecule, whatever
41 its origin or method of production including:
42 (i) Any poisonous substance or biological product that may be
43 engineered as a result of biotechnology produced from a living organ-
44 ism; or
45 (ii) Any poisonous isomer or biological product, homologue, or
46 derivative of such substance;
47 (c) "Delivery system" means any apparatus, equipment, device, or means of
48 delivery specifically designed to deliver or disseminate a biological
49 agent, toxin or vector;
50 (d) "Vector" means a living organism or molecule, including a recombinant
51 molecule, or a biological product that may be engineered as a result of
52 biotechnology capable of carrying a biological agent to a host.
3
1 SECTION 3. That Chapter 33, Title 18, Idaho Code, be, and the same is
2 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
3 ignated as Section 18-3324, Idaho Code, and to read as follows:
4 18-3324. USE OF CHEMICAL WEAPONS -- DEFINITIONS. (1) Except as provided
5 in subsection (2) of this section, it shall be unlawful for any person to
6 knowingly:
7 (a) Develop, produce or otherwise acquire, transfer directly or indi-
8 rectly, receive, stockpile, retain, own, possess, use or threaten to use
9 any chemical weapon; or
10 (b) Assist or induce in any way a person to violate, or attempt or con-
11 spire to violate, subsection (1)(a) of this section.
12 (2) Subsection (1) of this section shall not apply to:
13 (a) The retention, ownership, possession, transfer or receipt of a chemi-
14 cal weapon by a department, agency or other entity of the state of Idaho
15 or the United States; or
16 (b) Any person, including a member of the armed forces of the United
17 States, who is authorized by law or by an appropriate officer of the state
18 of Idaho or the United States to retain, possess, transfer or receive a
19 chemical weapon; or
20 (c) To an otherwise nonculpable person in an emergency situation if such
21 person is attempting to seize or destroy the weapon.
22 (3) (a) Any person who violates this section is guilty of a felony and
23 shall be punished by imprisonment for a term of up to and including life
24 imprisonment or by a fine not exceeding fifty thousand dollars ($50,000),
25 or by both.
26 (b) The attorney general of the state of Idaho may bring a civil action
27 in a state district court against any person who violates this section
28 and, upon proof of such violation by a preponderance of the evidence, such
29 person shall be required to pay a civil penalty in an amount not to exceed
30 one hundred thousand dollars ($100,000) for each violation. The imposition
31 of a civil penalty under this subsection does not preclude any other crim-
32 inal or civil statutory, common law or administrative remedy which is
33 otherwise available by law to the state of Idaho or any other person.
34 (c) The court shall order any person convicted of an offense under this
35 section to reimburse the state of Idaho for any expenses incurred by the
36 state incident to the seizure, storage, handling, transportation, destruc-
37 tion or other disposition of any property or material seized in connection
38 with an investigation of the commission of an offense by that person.
39 (d) The state of Idaho may obtain in a civil action an injunction against
40 any conduct prohibited in subsection (1) of this section or the prepara-
41 tion or solicitation to engage in such conduct.
42 (4) Nothing in this section shall be construed to prohibit the possession
43 or use of any individual self-defense device, including devices which contain
44 pepper spray or chemical mace.
45 (5) As used in this section:
46 (a) "Chemical weapon" means the following, together or separately:
47 (i) A toxic chemical and its precursors, except where intended for
48 a purpose not prohibited by this section provided the type and quan-
49 tity of such chemical or precursors are consistent with such a pur-
50 pose;
51 (ii) A munition or device that is specifically designed to cause
52 death or other harm through toxic properties of those toxic chemicals
53 specified in paragraph (5)(a)(i) of this section and that would be
54 released as a result of the employment of such munition or device;
4
1 (iii) Any equipment specifically designed for use directly in connec-
2 tion with the employment of munitions or devices specified in para-
3 graph (5)(a)(ii) of this section.
4 (b) Except as otherwise provided, "person" means any individual, corpora-
5 tion, partnership, firm, association, trust, estate, public or private
6 institution, the state of Idaho or any political subdivision thereof, or
7 any political entity within the state, any foreign government or nation or
8 any agency, instrumentality or political subdivision of such government or
9 nation located in the state of Idaho.
10 (c) "Precursor" means any chemical reactant that takes part at any stage
11 in the production, by whatever method, of a toxic chemical. The term
12 includes any key component of a binary or multicomponent chemical system.
13 (d) "Purposes not prohibited by this section" means:
14 (i) Any peaceful purpose related to an industrial, agricultural,
15 research, medical or pharmaceutical activity or other activity;
16 (ii) Any purpose directly related to protection against toxic chemi-
17 cals or chemical weapons;
18 (iii) Any military purpose of the United States that is not connected
19 with the use of a chemical weapon or that is not dependent on the use
20 of the toxic or poisonous properties of the chemical weapon to cause
21 death or other harm; or
22 (iv) Any law enforcement purpose, including any domestic riot con-
23 trol purpose and the imposition of capital punishment.
24 (e) "Toxic chemical" means any chemical that, through its chemical action
25 on life processes, can cause death, temporary incapacitation or permanent
26 harm to animals, including humans. The term includes all such chemicals,
27 regardless of their form or method of production, and regardless of
28 whether they are produced in facilities, munitions or elsewhere.
29 SECTION 4. That Section 18-4003, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 18-4003. DEGREES OF MURDER. (a) All murder which is perpetrated by means
32 of poison, or lying in wait, or torture, when torture is inflicted with the
33 intent to cause suffering, to execute vengeance, to extort something from the
34 victim, or to satisfy some sadistic inclination, or which is perpetrated by
35 any kind of wilful willful, deliberate and premeditated killing is murder of
36 the first degree.
37 (b) Any murder of any peace officer, executive officer, officer of the
38 court, fireman, judicial officer or prosecuting attorney who was acting in the
39 lawful discharge of an official duty, and was known or should have been known
40 by the perpetrator of the murder to be an officer so acting, shall be murder
41 of the first degree.
42 (c) Any murder committed by a person under a sentence for murder of the
43 first or second degree, including such persons on parole or probation from
44 such sentence, shall be murder of the first degree.
45 (d) Any murder committed in the perpetration of, or attempt to perpe-
46 trate, aggravated battery on a child under twelve (12) years of age, arson,
47 rape, robbery, burglary, kidnapping or mayhem, or an act of terrorism, as
48 defined in section 18-8102, Idaho Code, or the use of a weapon of mass
49 destruction, biological weapon or chemical weapon, is murder of the first
50 degree.
51 (e) Any murder committed by a person incarcerated in a penal institution
52 upon a person employed by the penal institution, another inmate of the penal
53 institution or a visitor to the penal institution shall be murder of the first
5
1 degree.
2 (f) Any murder committed by a person while escaping or attempting to
3 escape from a penal institution is murder of the first degree.
4 (g) All other kinds of murder are of the second degree.
5 SECTION 5. That Section 18-7803, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 18-7803. DEFINITIONS. As used in this chapter, (a) "Racketeering" means
8 any act which is chargeable or indictable under the following sections of the
9 Idaho Code or which are equivalent acts chargeable or indictable as equivalent
10 crimes under the laws of any other jurisdiction:
11 (1) Homicide (section 18-4001, Idaho Code);
12 (2) Robbery, burglary, theft, forgery, counterfeiting, and related crimes
13 (sections 18-1401, 18-1405, 18-2403, 18-2407, 18-3123, 18-3124, 18-3125,
14 18-3601, 18-3602, 18-3603, 18-3605, 18-3606, 18-3607, 18-3609, 18-3610,
15 18-3614, 18-3615, 18-3618, 18-4630, 18-6501 and 49-518, Idaho Code);
16 (3) Kidnapping (section 18-4501, Idaho Code);
17 (4) Prostitution (sections 18-5601, 18-5602, 18-5603, 18-5604, 18-5605,
18 18-5606, 18-5608 and 18-5609, Idaho Code);
19 (5) Arson (sections 18-801, 18-802, 18-803, 18-804 and 18-805, Idaho
20 Code);
21 (6) Assault (sections 18-908 and 18-4015, Idaho Code);
22 (7) Lotteries and gambling (sections 18-3801, 18-3802, 18-3809, 18-4902,
23 18-4903, 18-4904, 18-4905, 18-4906 and 18-4908, Idaho Code);
24 (8) Indecency and obscenity (sections 18-1515, 18-1518, 18-4103,
25 18-4103A, 18-4104, 18-4105, 18-4105A and 18-4107, Idaho Code);
26 (9) Poisoning (sections 18-4014 and 18-5501, Idaho Code);
27 (10) Fraudulent practices, false pretenses, insurance fraud, financial
28 transaction card crimes and fraud generally (sections 18-2403, 18-2706,
29 18-3002, 18-3101, 18-3124, 18-3125, 18-3126, 18-6713, 41-293, 41-294 and
30 41-1306, Idaho Code);
31 (11) Alcoholic beverages (sections 23-602, 23-606, 23-610, 23-703, 23-905,
32 23-914, 23-928, 23-934 and 23-938, Idaho Code);
33 (12) Cigarette taxes (sections 63-2505 and 63-2512(b), Idaho Code);
34 (13) Securities (sections 30-1403, 30-1403A, 30-1404, 30-1405, 30-1406,
35 30-1438 and 30-1439, Idaho Code);
36 (14) Horseracing (section 54-2512, Idaho Code);
37 (15) Interest and usurious practices (sections 28-45-401 and 28-45-402,
38 Idaho Code);
39 (16) Corporations (sections 18-1901, 18-1902, 18-1903, 18-1904, 18-1905,
40 18-1906 and 30-1510, Idaho Code);
41 (17) Perjury (sections 18-5401 and 18-5410, Idaho Code);
42 (18) Bribery and corrupt influence (sections 18-1352 and 18-1353, Idaho
43 Code);
44 (19) Controlled substances (sections 37-2732(a), (b), (c), (e) and (f),
45 37-2732B, 37-2734 and 37-2734B, Idaho Code);
46 (20) Motor vehicles (sections 49-228, 49-231, 49-232 and 49-518, Idaho
47 Code);
48 (21) Terrorism (section 18-8103, Idaho Code).
49 (b) "Person" means any individual or entity capable of holding a legal or
50 beneficial interest in property;
51 (c) "Enterprise" means any sole proprietorship, partnership, corporation,
52 business, labor union, association or other legal entity or any group of indi-
53 viduals associated in fact although not a legal entity, and includes illicit
6
1 as well as licit entities; and
2 (d) "Pattern of racketeering activity" means engaging in at least two (2)
3 incidents of racketeering conduct that have the same or similar intents,
4 results, accomplices, victims or methods of commission, or otherwise are
5 interrelated by distinguishing characteristics and are not isolated incidents,
6 provided at least one (1) of such incidents occurred after the effective date
7 of this act and that the last of such incidents occurred within five (5) years
8 after a prior incident of racketeering conduct.
9 SECTION 6. That Section 18-8102, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 18-8102. DEFINITIONS. As used in this chapter:
12 (1) "Civil disorder" means any public disturbance involving acts of vio-
13 lence by an assemblage of two (2) or more persons which acts cause an immedi-
14 ate danger of or result in damage or injury to the property or person of any
15 other individual.
16 (2) "Governmental military force" means the national guard, as defined in
17 section 101(9) of title 10, United States cCode; the organized militia of any
18 state or territory of the United States, the Commonwealth of Puerto Rico, or
19 the District of Columbia, not included with the definition of national guard
20 as defined by such section 101(9); and the armed forces of the United States.
21 (3) "Law enforcement agency" means a governmental unit of one (1) or more
22 persons employed full time or part time by the state or federal government, or
23 a political subdivision thereof, for the purpose of preventing and detecting
24 crime and enforcing laws or local ordinances and the employees of which are
25 authorized to make arrests for crimes while acting within the scope of their
26 authority.
27 (4) "Peace officer" means any duly appointed officer of a law enforcement
28 agency as defined herein including, but not limited to, an officer of the
29 Idaho state police, department of fish and game, a sheriff or deputy sheriff
30 of a county, or a marshal or police officer of a city.
31 (5) "Terrorism" means activities that:
32 (a) Are a violation of Idaho criminal law; and
33 (b) Involve acts dangerous to human life that are intended to:
34 (i) Intimidate or coerce a civilian population;
35 (ii) Influence the policy of a government by intimidation or coer-
36 cion; or
37 (iii) Affect the conduct of a government by the use of weapons of
38 mass destruction, as defined in section 18-3322, Idaho Code.
39 SECTION 7. That Section 18-8103, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 18-8103. PROHIBITED ACTIVITIES -- PENALTIES. Any person who:
42 (1) Conspires with one (1) or more persons to injure, oppress, threaten
43 or intimidate any citizen in the free exercise or enjoyment of any right or
44 privilege secured to him by the constitutions or laws of the United States or
45 the state of Idaho, by the use of violence against the person or property of
46 such citizen; or
47 (2) Goes on the highway, or on the premises of any citizen, with one (1)
48 or more other persons, with the intent by use of violence against such citizen
49 or his property, to prevent or hinder his free exercise or enjoyment of any
50 right or privilege so secured; or
51 (3) Assembles with one (1) or more persons for the purpose of training or
7
1 instructing in the use of, or practicing with, any technique or means capable
2 of causing property damage, bodily injury or death with the intent to employ
3 such training, instruction or practice in the commission of a civil disorder,
4 as defined herein; or
5 (4) Commits an act of terrorism, as defined in this chapter; or
6 (5) Conspires with one (1) or more persons to commit an act of terrorism,
7 as defined in this chapter;
8 shall be guilty of a felony. and A violation of subsection (1), (2) or (3) of
9 this section shall be punished by imprisonment in the state prison for a
10 period not to exceed ten (10) years, by a fine not in excess of fifty thousand
11 dollars ($50,000), or by both such fine and imprisonment. A violation of sub-
12 section (4) or (5) shall be punished by imprisonment in the state prison for a
13 period of up to and including life imprisonment or by a fine not exceeding
14 fifty thousand dollars ($50,000), or by both.
15 SECTION 8. That Chapter 81, Title 18, Idaho Code, be, and the same is
16 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
17 ignated as Section 18-8106, Idaho Code, and to read as follows:
18 18-8106. PROVIDING MATERIAL SUPPORT TO TERRORISTS. (1) A person who pro-
19 vides material support or resources, or who conceals or disguises the nature,
20 location, source or ownership of material support or resources, with the
21 knowledge and intention that such support or resources are to be used in the
22 preparation or carrying out of a violation of this chapter, or in the prepara-
23 tion or carrying out of the concealment of such support or resources, or in
24 the escape from the commission of any such violation, shall be guilty of a
25 felony and shall be punished by imprisonment in the state prison for a period
26 not to exceed fifteen (15) years or by a fine not exceeding fifty thousand
27 dollars ($50,000), or by both.
28 (2) As used in this section, the term "material support or resources"
29 means currency or other financial securities, financial services, lodging,
30 safe houses, training, false documentation or identification, communications
31 equipment, facilities, weapons, lethal substances, explosives, personnel,
32 transportation, and other physical assets. "Material support or resources"
33 does not include medical or religious material.
34 SECTION 9. That Section 19-402, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 19-402. COMMENCEMENT OF PROSECUTIONS FOR CRIMES AGAINST CHILDREN AND
37 OTHER FELONIES. (1) A prosecution for any felony other than murder, voluntary
38 manslaughter, rape pursuant to section 18-6101 2., 3., 4. or 5., or section
39 18-6108, Idaho Code, or any felony committed upon or against a minor child, or
40 an act of terrorism as set forth in sections 18-8102, 18-8103, 18-3322,
41 18-3323 and 18-3324, Idaho Code, must be commenced by the filing of the com-
42 plaint or the finding of an indictment within five (5) years after its commis-
43 sion. Except as provided in subsection (2) of this section, a prosecution for
44 any felony committed upon or against a minor child must be commenced within
45 five (5) years after the commission of the offense by the filing of the com-
46 plaint or a finding of an indictment.
47 (2) A prosecution under section 18-1506 or 18-1508, Idaho Code, must be
48 commenced within five (5) years after the date the child reaches eighteen (18)
49 years of age.
50 (3) A prosecution under section 18-1506A, Idaho Code, must be commenced
51 within three (3) years after the date of initial disclosure by the victim.
8
1 (4) Notwithstanding any other provision of law, an indictment may be
2 found, or an information instituted, at any time without limitation for a
3 prosecution under section 18-8103, 18-3322, 18-3323 or 18-3324, Idaho Code.
STATEMENT OF PURPOSE
RS ll7l5Cl
This legislation provides for the prosecution and punishment
of acts of terrorism, including the improper use of weapons of mass
destruction, biological weapons and chemical weapons. It defines
weapons of mass destruction and provides for punishment for willfully
and unlawfully using, or threatening, conspiring or attempting to
use, such weapons. It defines biological and chemical weapons and
provides for punishment for developing, transferring, acquiring,
possessing or using or threatening to use such weapons. The
legislation also defines terrorism and provides for a penalty of up
to life imprisonment for such acts. It also makes illegal the
providing of material support to terrorists. The legislation also
makes terrorism a predicate act for racketeering, and removes the
statute of limitation for acts of terrorism. Finally, the act
provides that murders committed in perpetrating, or attempting to
perpetrate, acts of terrorism, or in the use of weapons of mass
destruction, biological weapons or chemical weapons is murder of the
first degree.
FISCAL IMPACT
There is no fiscal impact to the general fund.
CONTACTS:
Name: Steve Tobiason, Deputy Attorney General
Agency: Office of The Attorney General
Phone: 334-4151
Statement of Purpose/Fiscal Impact S 1348