44445-1:N:01/04/2002:LD/th LRS2002-17992
To create the crime of terrorism and specify certain procedures for the indictment of a defendant for the crime of terrorism; to create the crime of soliciting or providing support for an act of terrorism; to create the crime of hindering the prosecution of terrorism; to provide for penalties; to define terms; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as "The Anti-Terrorism Act of 2002."
Section 2. The following terms shall have the following meanings:
(1) ACT OF TERRORISM. An act or acts constituting a specified offense as defined in subdivision (4) for which a person may be convicted in the criminal courts of this state, or an act or acts constituting an offense in any other jurisdiction within or outside the territorial boundaries of the United States which contains all of the essential elements of a specified offense, that is intended to do the following:
a. Intimidate or coerce a civilian population.
b. Influence the policy of a unit of government by intimidation or coercion.
c. Affect the conduct of a unit of government by murder, assassination, or kidnapping.
(2) MATERIAL SUPPORT OR RESOURCES. Currency or other financial securities, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.
(3) RENDERS CRIMINAL ASSISTANCE. Shall have the same meaning as in Section 13A-10-42, Code of Alabama 1975.
(4) SPECIFIED OFFENSE. A Class A felony, manslaughter, kidnapping in the second degree, assault in the first or second degree, stalking, intimidating a witness, criminal tampering, or any attempt or conspiracy to commit any of these offenses.
Section 3. (a) A person is guilty of a crime of terrorism when, with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination, or kidnapping, he or she commits a specified offense.
(b)(1) When a person is convicted pursuant to this section, and the specified offense is a Class B or C felony, the crime of terrorism shall be deemed to be one class higher than the specified offense the defendant committed, or one class higher than the offense level applicable to the defendant's conviction for an attempt or conspiracy to commit the specified offense, whichever is applicable.
(2) Notwithstanding any other provision of law, when a person is convicted of a crime of terrorism pursuant to this act, and the specified offense is a Class A felony other than murder, the sentence upon conviction of the offense shall be life imprisonment without parole.
(3) Notwithstanding any other provision of law, when a person is convicted of a crime of terrorism pursuant to this act, and the specified offense is murder, the sentence upon conviction of the offense shall be death pursuant to Section 13A-5-39, Code of Alabama 1975.
(c) An indictment for the crime of terrorism shall charge the defendant with a specified offense and shall state that the defendant acted with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination, or kidnapping.
Section 4. (a)(1) A person commits soliciting or providing support for an act of terrorism in the second degree when, with intent that material support or resources will be used, in whole or in part, to plan, prepare, carry out, or aid in either an act of terrorism or the concealment of, or an escape from, an act of terrorism, he or she raises, solicits, collects, or provides material support or resources.
(2) Soliciting or providing support for an act of terrorism in the second degree is a Class C felony.
(b)(1) A person commits soliciting or providing support for an act of terrorism in the first degree when he or she commits the crime of soliciting or providing support for an act of terrorism in the second degree and the total value of material support or resources exceeds one thousand dollars ($1,000).
(2) Soliciting or providing support for an act of terrorism in the first degree is a Class B felony.
Section 5. (a)(1) A person is guilty of hindering prosecution of terrorism in the second degree when he or she renders criminal assistance to a person who has committed an act of terrorism, knowing or believing that the person engaged in conduct constituting an act of terrorism.
(2) Hindering prosecution of terrorism in the second degree is a Class B felony.
(b)(1) A person is guilty of hindering prosecution of terrorism in the first degree when he or she renders criminal assistance to a person who has committed an act of terrorism that resulted in the death of a person other than one of the participants, knowing or believing that the person engaged in conduct constituting an act of terrorism.
(2) Hindering prosecution of terrorism in the first degree is a Class A felony.
Section 6. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621 because the bill defines a new crime or amends the definition of an existing crime.
Section 7. This act shall become effective immediately upon its passage and approval by the Governor, or its otherwise becoming law.