H. B. 3063
(By Delegates Longstreth, Burdiss, Iaquinta,
Caputo and Manchin)
[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-l0l,
§61-1A-102, §61-1A-103, §61-1A-201, §61-1A-202, §61-1A-203,
§61-1A-301, §61-1A-401, §61-1A-501, §61-1A-502, and
§61-1A-601, all relating to enabling state, county and
municipal law-enforcement agencies to use their basic
investigative and prosecutorial 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 criminal
penalties, including imprisonment, and civil penalties in the
form of property forfeiture for violations; providing for
venue in the prosecution of crimes under this article;
distinguishing the acts prohibited under this article from any
other crimes under this code; encouraging interagency
cooperation in investigations; providing for nonapplicability to lawful military acts; and providing for immediate
applicability.
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-201, §61-1A-202, §61-1A-203,
§61-1A-301, §61-1A-401, §61-1A-501, §61-1A-502 and §61-1A-601,
all to read as follows:
ARTICLE 1A. CRIMES OF TERROR.
§61-1A-1O1. Short title.
This article shall be known and may be cited as "The West
Virginia Counter-Terrorism Act of 2007."
§61-1A-102. Legislative findings.
The Legislature finds that:
(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 relates 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 article 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 the first to the scene of criminal
activity in 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 the 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 - means acts of violence,
or the threat of violence when the threat places any person in
reasonable apprehension of imminent serious physical injury, to
achieve broad, strategic or tactical goals, whether the goals are
motivated by social, political, ideological or religious ideas,
including, but not limited to, the following:
(1) The violent overthrow or attempted coercion or
intimidation of the government of the United States or the
government of any state, county or municipality;
(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 or municipality;
(3) The intentional and indiscriminate killing of any person
or persons, motivated by political, religious, social, or
philosophical ideology;
(b)Logistical support - means, but is not limited to, the
procurement, 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 logistical support is or are engaged in a terrorist activity or conspiracy to commit a terrorist activity as terrorist
activity is defined in this article. 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 - means the procurement or 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 procuring or providing financial
support is engaged in a terrorist activity or conspiracy to commit
a terrorist activity as defined in this article.
§61-1A-201. Acts of terrorism; penalties.
No person shall 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 not less than five
years nor more than life without parole.
§61-1A-202. Incitement to commit terrorist activity; penalties.
No person shall incite any other person, persons, or
organization to commit any act prohibited by this article when the
incitement creates a clear and present danger to the life, health,
safety or well-being of any person or persons. 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 not less than five years nor more than
fifteen years.
§61-1A-203. Conspiracy to commit terrorist activity; penalties.
Notwithstanding any other provision of this code to the
contrary, no person shall conspire to commit, conspire to provide
logistical support to, conspire to provide financial support to, or
conspire to incite any person to commit a terrorist activity as
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 as defined in this
article shall be guilty of a felony and, upon conviction thereof,
shall be imprisoned in a state correctional facility not less than
three years nor more than ten years.
§61-1A-30l. Terrorism support contraband forfeiture.
Any property, real, personal or mixed, which is manufactured,
purchased, held, 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 he or she neither
knew nor 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-401. Venue.
Venue for prosecution of any offense under this article is
proper in any county in this state where an accused is alleged to
have committed an act prohibited by the provisions of this article.
§61-1A-501. Prosecution of terrorist offenses is distinct from
prosecution of other offenses.
The acts prohibited by this article constitute offenses which
are separate and distinct from any other offenses prohibited by
this code.
§61-1A-502. 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 the 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-601. Article not applicable to the military.
The prohibitions contained in this article shall not apply to
lawful acts of members of the Armed Forces of the United States, or
the National Guard or Air National Guard of the State of West
Virginia or the military services of any other state acting within
the scope of their authority.
NOTE: The purpose of this bill is to make it a state criminal
offense to commit acts of terrorism and to provide penalties for
violations. The bill allows state and local law-enforcement
agencies to investigate and prosecute terrorist acts a part of
their current responsibilities.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Email
Webmaster | © 2024 West Virginia Legislature **
