H. B. 2837
(By Delegates Cann, Stemple, Webster, Palumbo
Swartzmiller, Varner, Mahan, Shook,
Pino and Azinger)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §61-1A-101,
§61-1A-102, §61-1A-103, §61-1A-104, §61-1A-105, §61-1A-106,
§61-1A-107, §61-1A-108, §61-1A-109, §61-1A-110 and §61-1A-111,
all relating to enabling state, county and municipal
law-enforcement agencies to use their basic investigative
tools to thwart terrorist plots by defining and criminalizing
the commission, financing and furtherance of, and the
conspiracy to commit and incitement to commit, terrorist acts;
providing for property forfeiture and criminal penalties for
violations; encouraging interagency cooperation; and
nonapplicability to lawful military acts.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §61-1A-101, §61-1A-102,
§61-1A-103, 61-1A-104, §61-1A-105, §61-1A-106, §61-1A-107, §61-1A-108, §61-1A-109, §61-1A-110 and §61-1A-111, all to read as
follows:
ARTICLE 1A. TERRORISM.
§61-1A-101. Short title.
This article shall be known and may be cited as "The West
Virginia Counter-Terrorism Act."
§61-1A-102. Legislative findings.
(a) The planning, financing, incitement to commit, and
commission of terrorist acts is a deep and pressing threat to the
people of the United States, including the people of the State of
West Virginia, and the commission of terrorist acts directly
threaten the health, safety and welfare of West Virginians;
(b) The law-enforcement agencies of the United States of
America perform their duties as it related to combating terrorism
with excellence, and have had great success in the fight against
terrorism;
(c) The threat of international and domestic terrorism
continues to exist in spite of the professionalism, training and
dedication of America's federal law-enforcement agencies;
(d) Terrorists, and those who participate in, finance,
control, direct and promote terrorist networks conduct their
activities with minimal regard for state and international
political boundaries, and have, do and will commit acts furthering
terrorist aims within the State of West Virginia;
(e) West Virginia law as its exists prior to the enactment of
this bill prohibits state, county and municipal law-enforcement
from independently investigating and prosecuting acts which are not
prohibited by the laws of the State of West Virginia;
(f) West Virginia's state, county and municipal
law-enforcement agencies are on the front lines of our communities
and are in a prime position to discover facts that can uncover
terrorist plots;
(g) West Virginia's state, county and municipal
law-enforcement agencies are composed of men and women of strength,
dedication and skill who perform their duties with utmost of
commitment and regularly perform above and beyond the call of duty,
and;
(h) West Virginia's state, county and municipal
law-enforcement agencies will be valuable resources in uncovering
terrorist plots.
§61-1A-103. Definitions.
As used in this article, unless the context clearly indicates
otherwise:
(a)
Terrorist activity or terrorism. -- Terrorist activity or
terrorism consists of acts of violence, of the threat of violence
when such threat places any person in reasonable apprehension of
imminent serious physical injury, to achieve broad, strategic or
tactical goals, be they socially, politically, ideologically or religiously motivated, including, but not limited to, the
following:
(1) The violent overthrow or attempted coercion or
intimidation of the government of the United States or that of any
state;
(2) The coercion or intimidation of a civilian population for
purposes of changing the policies or acts of the government of the
United States or any state;
(3) The intentional and indiscriminate killing of any person
or persons, such killing motivated by political, religious, social,
or philosophical ideology;
(4) The knowing membership in any organization, whether
incorporated, unicorporated, or nonincorporated, which espouses the
use of terrorism as defined in this subsection.
(b)
Logistical support. -- For purposes of this article, the
term "logistical support" and all of its reasonable derivatives
shall include, but not be limited to, the provision, manufacture,
or obtaining of any material thing that is used, will be used, or
is intended to be used in support of a terrorist activity when the
person, persons, or organization providing the logistical support
knows or reasonably should have known that the person or persons to
whom they are providing such logistical support is engaged in any
terrorist activity or conspiracy to commit any terrorist activity.
Logistical support includes, but is not limited to, the provision of any telecommunications equipment, electronics, explosives,
materials which are manufactured into explosives or bombs,
conveyances, common carrier tickets, shelter or residence, food,
clothing, or education.
(c)
Financial support. -- For purposes of this article, the
term "financial support" and all of its reasonable derivatives
shall be the provision of any currency, negotiable instrument,
security, or employment to any person or persons engaged in the
planning or execution of any terrorist activity when the person,
persons, or organization providing the currency, negotiable
instrument, security, or employment knows or reasonably should have
known that the person or persons to whom he or she is providing
such engaged in any terrorist activity or conspiracy to commit any
terrorist activity or conspiracy to commit any terrorist activity.
§61-1A-104. Acts of terrorism; penalties.
No person may commit a terrorist activity, nor provide
logistical support or financial support to any person who is
planning, conspiring to plan, conducting or committing a terrorist
activity. Any person violating the provisions of this section is
guilty of a felony and, upon conviction thereof, shall be
imprisoned in a state correctional facility for not less than five
years nor more than life.
§61-1A-105. Incitement to commit terrorist activity; penalties.
No person may incite any other person, persons, or organization to commit any act prohibited by this article when such
incitement creates a clear and present danger to the life, health,
safety or well-being of any person or persons.
Any person violating this section is guilty of a felony and,
upon conviction thereof, shall be imprisoned in a state
correctional facility for not less than five nor more than fifteen
years.
§61-1A-106. Conspiracy to commit terrorist activity; penalties.
Notwithstanding any other provision of this code, no person
may conspire to commit, conspire to provide logistical support to,
conspire to provide financial support, or conspire to incite any
person to commit terrorist activity defined in this article.
Any person who violates the provisions of this section by
conspiring to commit, provide logistical support to, finance, or
incite any person to commit a terrorist act defined in this article
is guilty of a felony and, upon conviction thereof, shall be
imprisoned in a state correctional facility for not less than three
nor more than ten years.
§61-1A-107. Terrorism support contraband forfeiture.
Any property, whether real, personal or mixed, which is
manufactured, purchased, held, used, had been used, or is intended
to be used in furtherance of acts which violate this article are
hereby subject to forfeiture, unless a person who is both owner and
possessor of the property, whether real, personal or mixed, establishes that they neither knew not had reason to know that the
property was being employed or was intended to be employed in a
violation of this article.
The procedures for seizure and forfeiture of property under
this section shall proceed as provided in sections seven hundred
four, seven hundred five, seven hundred six, and seven hundred
seven, of article seven, chapter sixty-a of this code.
§61-1A-108. Venue.
Venue for prosecution of any offense under this article shall
be proper in any county in the State of West Virginia where an
accused is found to be committing any act prohibited by this
article.
§61-1A-109. Prosecution under other criminal statutes not
prohibited.
The acts prohibited by this article shall constitute offenses
which are separate and distinct from any other offenses prohibited
by this code.
§61-1A-110. Coordination with federal and other states' law
enforcement.
Any state, county, or municipal law-enforcement agency
investigating a violation of this article shall, at a reasonable
time after the outset of such investigation, communicate with
appropriate law-enforcement agencies of the United States or that
of any other state which the investigating agency deems appropriate regarding the subjects of investigation.
§61-1A-111. Article not applicable to the military.
The prohibitions contained in this article shall not apply to
lawful acts committed by members of the Armed Forces of the United
States, or the National Guard or Air National Guard of the State of
West Virginia or that of any other state, acting in their capacity
as such.
NOTE: The purpose of this bill is to criminalize the
commission and furtherance of acts of terrorism and provide
penalties for violation; it does not create any new agency,
program, or mandate. Its intent is only to prohibit certain acts,
thereby allowing existing law-enforcement agencies to investigate
and prosecute such acts under existing rules and laws of procedure.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
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