Senate Bill No. 6002
(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)
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[Introduced October 21, 2001; referred to the Committee on the
Judiciary.]
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A BILL to amend chapter sixty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article six-a, relating to
crimes against the public safety and confidence; defining
terms; prohibiting unlawful manufacture, delivery or
possession of certain substances; specifying unlawful use and
banning mailing of certain substances; prohibiting threats or
conveying false information in certain instances; identifying
violations causing injury; designating exemptions; and
providing penalties.
Be it enacted by the Legislature of West Virginia:
That chapter sixty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article six-a, to read as
follows:
ARTICLE 6A. CRIMES AGAINST THE PUBLIC SAFETY AND CONFIDENCE.
§61-6A-1. Short title.
This article shall be known and cited as "The West Virginia
Anti-Terrorism Act."
§61-6A-2. Definitions.
As used in this article, unless the context otherwise
requires:
(a) "Biological agent" means any micro-organism, virus,
infectious substance, or biological product that may be engineered
as a result of biotechnology, or any naturally occurring or
bioengineered component of any microorganism, virus, infectious
substance, or biological product, capable of causing:
(1) Death, disease, or other biological malfunction in a
human, an animal, a plant, or another living organism;
(2) Deterioration of food, water, equipment, supplies, or
material of any kind; or
(3)Deleterious alteration of the environment.
(b) "Counterfeit biological agent, nuclear material, nuclear
byproduct material, toxic chemical, toxin, or vector" means a
substance which, or the container or labeling of which, without authorization bears the trademark, trade name, or other
identifying, imprint, number or device, or any likeness of a
biological agent, nuclear material, nuclear byproduct material,
toxic chemical, toxin or vector or of any manufacturer,
distributor, or dispenser other than the person who in fact
manufactured, distributed or dispensed the biological agent,
nuclear material, nuclear byproduct material, toxic chemical, toxin
or vector.
(c) "Economic harm" means all direct, incidental, and
consequential pecuniary harm suffered by a victim as a result of
criminal conduct. "Economic harm" includes, but is not limited to,
all of the following:
(1) All wages, salaries, or other compensation lost as a
result of the criminal conduct;
(2) The cost of all wages, salaries, or other compensation
paid to employees for time those employees are prevented from
working as a result of the criminal conduct;
(3) The overhead costs incurred for the time that a business
is shut down as a result of the criminal conduct;
(4) The loss of value to tangible or intangible property that
was damaged as a result of the criminal conduct.
(d) "Hoax biological agent, nuclear material, nuclear byproduct material, toxic chemical, toxin or vector" means a
substance which is not a biological agent, nuclear material,
nuclear byproduct material, toxic chemical, toxin or vector but is
falsely represented to be a biological agent, nuclear material,
nuclear byproduct material, toxic chemical, toxin or vector, or a
substance which is not a biological agent, nuclear material,
nuclear byproduct material, toxic chemical, toxin or vector which
is shaped, sized, colored, marked, imprinted, numbered, labeled,
packaged, distributed, priced, delivered so as to cause a
reasonable person to believe that the substance is a biological
agent, nuclear material, nuclear byproduct material, toxic
chemical, toxin or vector.
(e) "Nuclear material" means material containing any:
(1) Plutonium;
(2) Uranium not in the form of ore or ore residue that
contains the mixture of isotopes as occurring in nature;
(3) Enriched uranium, which means uranium that contains the
isotope 233 or 235 or both in such amount that the abundance ratio
of the sum of those isotopes to the isotope 238 is greater than the
ratio of the isotope 235 to the isotope 238 occurring in nature;
or,
(4) Uranium 233;
(f) "Nuclear byproduct material" means any material containing
any radioactive isotope created through an irradiation process in
the operation of a nuclear reactor or accelerator;
(g) "Toxic chemical"
means any chemical which through its
chemical action on life processes can cause death, temporary
incapacitation or permanent harm to humans or animals. The term
includes all such chemicals, regardless of their origin or of their
method of production, and regardless of whether they are produced
in facilities, in munitions or elsewhere.
(h) "Toxin" means the toxic material of plants, animals,
microorganisms, viruses, fungi, or infectious substances, or a
recombinant molecule, whatever its origin or method of production,
including any poisonous substance or biological product that may be
engineered as a result of biotechnology produced by a living
organism; or any poisonous isomer or biological product, homology,
or derivative of a poisonous substance or biological product.
(i) "Vector" means a living organism, or molecule, including
a recombinant molecule, or biological product that may be
engineered as a result of biotechnology, capable of carrying a
biological agent or toxin to a host.
§61-6A-3. Manufacture, delivery or possession of a biological
agent, nuclear material, nuclear byproduct material, toxic chemical, toxin or vector.
(a) It is unlawful for any person to manufacture, deliver, or
possess a biological agent, nuclear material, nuclear byproduct
material, nuclear material, nuclear byproduct material, toxic
chemical, toxin or vector with the intent to violate any provision
of this article. Any person who violates the provisions of this
subsection is guilty of a felony and, upon conviction thereof,
shall be imprisoned in a state correctional facility for not less
than one year nor more than ten years or fined not more than five
thousand dollars, or both.
(b) It is unlawful for any person to manufacture, deliver, or
possess a counterfeit biological agent, nuclear material, nuclear
byproduct material, toxic chemical, toxin or vector with the intent
to violate any provision of this article. Any person who violates
the provisions of this subsection is guilty of a felony and, upon
conviction thereof, shall be imprisoned in a state correctional
facility for not less than one year nor more than ten years or
fined not more than five thousand dollars, or both.
(c) It is unlawful for any person to manufacture, deliver, or
possess a hoax biological agent, nuclear material, nuclear
byproduct material, toxic chemical, toxin or vector with the intent
to violate any provision of this article. Any person who violates the provisions of this subsection is guilty of a misdemeanor and,
upon conviction thereof, shall be confined in a regional or county
jail for not more than one year or fined not less than five
thousand dollars, or both.
§61-6A-4. Unlawful use of a biological agent, nuclear material,
nuclear byproduct material, toxic chemical, toxin or
vector.
(a) It is unlawful for any person to use a biological agent,
nuclear material, nuclear byproduct material, toxic chemical, toxin
or vector or counterfeit biological agent, nuclear material,
nuclear byproduct material, toxic chemical, toxin or vector with
the intent to cause physical, psychological or emotional harm to
another person or to cause serious public inconvenience or alarm.
Any person who violates the provisions of this subsection is guilty
of a felony and, upon conviction thereof, shall be confined in a
state correctional facility for not less than two years nor more
than ten years or fined not more than ten thousand dollars, or
both.
(b) It is unlawful for any person to use a hoax biological
agent, nuclear material, nuclear byproduct material, toxic
chemical, toxin or vector with the intent to cause psychological or
emotional harm to another person or to cause serious public inconvenience or alarm. Any person who violates the provisions of
this subsection is guilty of a misdemeanor and, upon conviction
thereof, shall be confined in a county or regional jail for not
less than six months nor more than one year or fined not more than
five thousand dollars, or both.
§61-6A-5. Unlawful mailing of a biological agent, nuclear
material, nuclear byproduct material, toxic
chemical, toxin, vector or hoax biological agent,
nuclear material, nuclear byproduct material, toxic
chemical, toxin or vector.
(a) It is unlawful for any person to knowingly and willfully
cause to be transported a biological agent, nuclear material,
nuclear byproduct material, toxic chemical, toxin or vector or
counterfeit biological agent, nuclear material, nuclear byproduct
material, toxic chemical, toxin or vector through the use of the
United States postal service or other courier or carrier. Any
person who violates the provisions of this subsection is guilty of
a felony and, upon conviction thereof, shall be confined in a state
correctional facility for not less than one nor more than five
years or fined not less than one thousand dollars nor more than
five thousand dollars, or both.
(b) It is unlawful for any person to knowingly and willfully cause to be transported a hoax biological agent, nuclear material,
nuclear byproduct material, toxic chemical, toxin or vector through
the use of the mail, or other courier or carrier. Any person who
violates the provisions of this subsection is guilty of a
misdemeanor and, upon conviction thereof, shall be confined in a
county or regional jail for not more than six months or fined not
less than five hundred dollars nor more than one thousand dollars,
or both.
§61-6A-6. Unlawful threat in the use of a biological agent,
nuclear material, nuclear byproduct material, toxic
chemical, toxin, vector or hoax biological agent,
nuclear material, nuclear byproduct material, toxic
chemical, toxin or vector.
It is unlawful for any person to knowingly and willfully make
any threat, or convey false information knowing the same to be
false, concerning an attempt or alleged attempt being made, or to
be made, to kill, injure, or intimidate any individual or
unlawfully damage or destroy any building, vehicle, or other real
or personal property by means of a biological agent, nuclear
material, nuclear byproduct material, toxic chemical, toxin or
vector. Any person who violates the provisions of this subsection
is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a regional or county jail for not more than one year or
fined not less than one hundred dollars nor more than one thousand
dollars, or both.
§61-6A-7. Violations causing death or injury; penalties.
(a) Any person who violates the provisions of this article
involving a biological agent, nuclear material, nuclear byproduct
material, toxic chemical, toxin or vector or a counterfeit
biological agent, nuclear material, nuclear byproduct material,
toxic chemical, toxin or vector which violation causes bodily
injury to any person shall be guilty of a felony and, upon
conviction thereof, shall be confined in a state correctional
facility for not less than two nor more than ten years, or fined
not more than five thousand dollars, or both.
(b) Any person who violates the provisions of this article
involving a biological agent, nuclear material, nuclear byproduct
material, toxic chemical, toxin or vector or a counterfeit
biological agent, nuclear material, nuclear byproduct material,
toxic chemical, toxin or vector which violation causes serious
bodily injury to any person shall be guilty of a felony and, upon
conviction thereof, shall be confined in a state correctional
facility for not less than three nor more than fifteen years, or
fined not more than ten thousand dollars, or both.
(c) Any person who violates the provisions of this article
involving a biological agent, nuclear material, nuclear byproduct
material, toxic chemical, toxin or vector or a counterfeit
biological agent, nuclear material, nuclear byproduct material,
toxic chemical, toxin or vector which violation causes death to any
person shall be guilty of a felony and, upon conviction thereof,
shall be confined in a state correctional facility for not less
than ten nor more than forty years.
(d) It is unlawful for any person to engage in conduct
involving a hoax biological agent, nuclear material, nuclear
byproduct material, toxic chemical, toxin or vector prohibited by
this article, and as a result of this conduct, directly or
proximately causes personal injury or create a substantial risk of
injury to any person, including any law-enforcement officer
performing duties. Any person who violates the provisions of this
subsection is guilty of a misdemeanor and, upon conviction thereof,
shall be imprisoned in the county or regional jail for not less
than six months nor more than one year, or fined up to five
thousand dollars, or both.
§61-6A-8. Violations causing economic harm; penalties.
If any person violates any provision of this article and the
violation directly causes provable economic harm, in addition to any other penalty, the sentencing court may order the offender to
pay the victim or victims, an amount equal to the economic harm.
§61-6A-9. Exemptions from article.
This article does not apply to persons or entities who are
entitled or authorized to lawfully manufacture, use, deliver,
possess, send, receive or cause to be sent or received a biological
agent, nuclear material, nuclear byproduct material, toxic
chemical, toxin or vector as permitted by state or federal law,
including legitimate peaceful purposes of chemical, biomedical,
biochemical or biotechnical research or production, provision of
health care services, investigation of disease by public health
agencies or
related to an industrial, agricultural, research,
medical, or pharmaceutical activity or other activity
.
NOTE: The purpose of this bill is to create the crimes
relating to terrorism and making provisions for the penalties
resulting from convictions.
This article is new, therefore strike-throughs and
underscoring have been omitted.