BILL NUMBER: AB 2102 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Members Zettel and Rod Pacheco
(Coauthors: Assembly Members Aanestad, Bates, Bogh, Briggs, Bill
Campbell, John Campbell, Cogdill, Cox, Daucher, Dickerson, Harman,
Hollingsworth, Kelley, La Suer, Leach, Leonard, Leslie, Maddox,
Maldonado, Mountjoy, Robert Pacheco, Pescetti, Runner, Strickland,
Wyland, and Wyman)
(Coauthors: Senators Ackerman, Monteith, and Morrow)
FEBRUARY 19, 2002
An act to add Article 4 (commencing with Section 11350) to Chapter
3 of Title 1 of Part 4 of the Penal Code, relating to terrorism, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2102, as introduced, Zettel. Terrorism.
Under existing law, terrorist activity is punishable under laws
proscribing criminal conduct, including laws proscribing train
wrecking, false reporting of bombs, improper possession or transport
of explosives and hazardous materials, possession or use of weapons
of mass destruction, assault, and others.
This bill would create new felony crimes of providing support for
terrorist activity, as specified, and of harboring or concealing a
terrorist, as defined, with violations punishable by 10, 15, or 25
years in state prison. Attempts would be punished the same as the
completed offenses. If a person personally inflicted great bodily
injury in the commission of this offense, this bill would provide
that there would be an additional and consecutive sentence of 25
years to life, as specified. No conduct credits either before or
after sentencing would be available to a person convicted under these
provisions.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 4 (commencing with Section 11350) is added to
Chapter 3 of Title 1 of Part 4 of the Penal Code, to read:
Article 4. Terrorist Activity.
11350. For purposes of this article:
(a) "Terrorist activity" means any unlawful activity that involves
any of the following:
(1) The hijacking or sabotage of any aircraft, any vessel involved
in commercial or public transit of people or goods, or of any mass
transportation vehicle that provides regular and continuing general
or special transportation to the public, including school bus,
charter, or sightseeing transportation.
(2) The seizing or detaining, and threatening to kill, injure, or
continue to detain, another individual in order to compel an elected
or appointed official or former official of the federal, state, or
local government to do or abstain from doing any act as an explicit
or implicit condition for the release of the individual seized or
detained.
(3) A violent attack upon an internationally protected person as
defined in paragraph (4) of subsection (b) of Section 1116 of Title
18 of the United States Code, or upon the liberty of that person.
(4) A violent attack upon an elected or appointed official or
former official of the federal, state, or local government, or upon
the liberty of that person in retaliation for, or to prevent the
performance of official duties.
(5) An assassination.
(6) The use of any biological agent, chemical agent, or nuclear
weapon or device.
(7) The unlawful use of force with intent to endanger the safety
of one or more individuals that appears to be intended to do any of
the following:
(A) Intimidate or coerce a civilian population.
(B) Influence the policy of a government by intimidation or
coercion.
(C) Affect the conduct of a government.
(D) Retaliate against government conduct.
(8) An attempt or conspiracy to do any of the foregoing.
(9) A threat to do any of the foregoing with the specific intent
to do the threatened act, if the threat is so unequivocal,
unconditional and specific as to convey to the person threatened a
gravity of purpose and intent to execute the threat, and thereby
causes reasonable and sustained fear.
(b) "Material support" means any kind of physical support except
medicine or religious materials, including, but not limited to, a
safe house, transportation, communications, funds, false
documentation or identification, weapons, explosives, or training, as
well as any expert assistance that is sufficiently beyond common
experience that the assistance would be useful to a typical nonexpert
if the expert knows or intends that the assistance will be used in
support of terrorist activities.
(c) "Terrorist organization" means any organization that intends
to commit or materially support, or has committed or materially
supported terrorist activities regardless of the organization's other
activities.
11351.5. Any person who does any of the following is guilty of
providing support for terrorist activity, which is a felony.
(a) Commits, in an individual capacity or as a member of an
organization, an act that he or she knows or reasonably should know
affords material support to any individual, organization, or
government in conducting terrorist activity.
(b) Solicits or attempts to solicit funds or other things of value
with the intent to willfully promote, further, or assist any
terrorist activity, or any terrorist organization with terrorist
activities.
(c) Solicits or attempts to solicit any individual for membership
in an organization with the intent to willfully promote, further, or
encourage any terrorist activity, or any terrorist organization with
terrorist activities.
11352. Any person who harbors or conceals a person whom he or she
knows, or has reasonable grounds to believe, has committed, or is
about to commit, an offense defined in this article is guilty of a
felony.
11353. Any person who commits a crime defined in this article
shall be imprisoned in the state prison for 10, 15, or 25 years, and
shall pay a fine of up to two hundred fifty thousand dollars
($250,000).
11354. Notwithstanding Section 664, an attempt to commit any of
these offenses shall be punished as if the crime had been completed.
11355. If pled and proved, anyone who personally inflicts great
bodily injury on any person other than an accomplice in the
commission or attempted commission of a felony defined in this
article shall, in addition and consecutive to the punishment
prescribed for the conviction, be punished by a term of 25 years to
life in prison.
11356. Notwithstanding Section 2933, 2933.1, 4019, or any other
provision of law, there shall be no good behavior or worktime
reduction on either sentenced or presentenced credits for any crime
or enhancement provided for in this article.
11358. Nothing in this chapter shall be construed to prevent
punishment instead pursuant to any provision of law that imposes a
greater or more severe punishment.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the Cal