2002 Legislation
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SENATE BILL NO. 1348 – Terrorism/terms defined/penalties

SENATE BILL NO. 1348

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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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


	               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