BILL NUMBER: AB 2108 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hollingsworth
(Coauthors: Assembly Members Aanestad, Bates, Bogh, Briggs, Bill
Campbell, John Campbell, Cogdill, Cox, Daucher, Dickerson, Harman,
Kelley, La Suer, Leach, Leslie, Maddox, Maldonado, Mountjoy, Robert
Pacheco, Rod Pacheco, Pescetti, Runner, Strickland, Wyland, Wyman,
and Zettel)
(Coauthors: Senators Ackerman and Monteith)
FEBRUARY 19, 2002
An act to add Article 5 (commencing with Section 11450) 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 2108, as introduced, Hollingsworth. Terrorism.
Under existing law, terrorist activity is punishable under
specific and more general laws proscribing criminal conduct,
including laws proscribing train wrecking, use and possession of
weapons of mass destruction, false reporting of bomb secretion,
improper transport of explosives and hazardous materials, assault,
and others.
This bill would criminalize various forms of destructive conduct
against bridges, tunnels, transportation facilities, mass
transportation vehicles, and persons or employees involved with mass
transportation, including attempts, conspiracies, and certain threats
to commit these acts, if the conduct appears to be for specified
purposes. Violations would be felonies punishable by 10, 15, or 25
years in prison. This bill would also provide that, if it is pled
and proved that great bodily injury to another person results from a
violation of these provisions, an additional 25 years to life would
be added to the sentence. This bill would also provide that if a
person was killed as a result of one of the violations there would an
additional sentence of life without the possibility of parole.
Under existing law, presentence and sentenced time may be reduced
for work performance in state and local facilities.
This bill would prevent the reduction of sentences in all
facilities for work performance for violators of its provisions.
By creating new crimes, this bill would impose a state-mandated
local program.
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 5 (commencing with Section 11450) is added to
Chapter 3 of Title 1 of Part 4 of the Penal Code, to read:
Article 5. Terrorist Attacks And Other Acts Of Violence
Against Mass Transportation Systems
11450. As used in this article only:
(a) The term "restricted biological or toxic agent" means any of
the following:
(1) Viruses: Crimean-Congo hemorrhagic fever virus, eastern
equine encephalitis virus, ebola viruses, equine morbilli virus,
lassa fever virus, marburg virus, Rift Valley fever virus, South
African hemorrhagic fever viruses (Junin, Machupo, Sabia, Flexal,
Guanarito), tick-borne encephalitis complex viruses, variola major
virus (smallpox virus), Venezuelan equine encephalitis virus, viruses
causing hantavirus pulmonary syndrome, yellow fever virus.
(2) Bacteria: bacillus anthracis (commonly known as anthrax),
brucella abortus, brucella melitensis, brucella suis, burkholderia
(pseudomonas) mallei, burkholderia (pseudomonas) pseudomallei,
clostridium botulinum, francisella tularensis, yersinia pestis
(commonly known as plague).
(3) Rickettsiae: coxiella burnetii, rickettsia prowazekii,
rickettsia rickettsii.
(4) Fungi: coccidioides immitis.
(5) Toxins: abrin, aflatoxins, botulinum toxins, clostridium
perfringens epsilon toxin, conotoxins, diacetoxyscirpenol, ricin,
saxitoxin, shigatoxin, staphylococcal enterotoxins, tetrodotoxin, T-2
toxin.
(b) The term "destructive device" is used as defined in Section
12301.
(c) The term "destructive substance" means an explosive substance,
flammable material, infernal machine, or other chemical, mechanical,
or radioactive device or matter of a combustible, contaminative,
corrosive, or explosive nature.
(d) The term "great bodily injury" means a significant or
substantial physical injury.
(e) The term "mass transportation" means transportation by a
conveyance that provides regular and continuing general or special
transportation to the public, including school bus, charter, or
sightseeing transportation.
11451. (a) Any person who willfully and intentionally does any of
the following, and that act appears to be intended to intimidate or
coerce a civilian population, influence the policy of a government by
intimidation or coercion, affect the conduct of a government, or
retaliate against government conduct, is guilty of a felony, and
shall be imprisoned in state prison for 10, 15, or 25 years:
(1) Wrecks, derails, sets fire to, or disables a bridge, tunnel,
mass transportation vehicle or ferry.
(2) Places or causes to be placed any restricted biological or
toxic agent for use as a weapon, any destructive substance, or any
destructive device in, upon, or near a bridge, tunnel, mass
transportation vehicle or ferry, without previously obtaining written
authorization from the director of the applicable bridge or tunnel
authority or mass transportation provider, and with intent to
endanger the safety of any person in or on the bridge or tunnel, or
any passenger or employee of the mass transportation provider, or
with a reckless disregard for the safety of human life.
(3) Sets fire to, or places any restricted biological or toxic
agent for use as a weapon, any destructive substance, or any
destructive device in, upon, or near any bridge, tunnel, garage,
terminal, structure, supply, or facility used in the operation of, or
in support of the operation of, a mass transportation vehicle or
ferry, without previously obtaining written authorization from the
director of the applicable controlling authority, if the person knows
or reasonably should know such activity would likely derail,
disable, or wreck a bridge, tunnel, mass transportation vehicle or
ferry used, operated, or employed by a mass transportation provider.
(4) Removes appurtenances from, damages, or otherwise impairs the
operation of a mass transportation signal system, including a train
control system, centralized dispatching system, or rail grade
crossing warning signal without written authorization from the mass
transportation provider.
(5) Interferes with, disables, or incapacitates any dispatcher,
driver, captain, or person while they are employed in dispatching,
operating, or maintaining a mass transportation vehicle or ferry,
with intent to endanger the safety of any passenger or employee of
the mass transportation provider, or with a reckless disregard for
the safety of human life.
(6) Commits an act, including the use of a dangerous or deadly
weapon, with the intent to cause death or great bodily injury to an
employee or passenger of a mass transportation provider or any other
person while any of the foregoing are on the property of a mass
transportation provider.
(7) Conveys or causes to be conveyed false information, knowing
the information to be false, concerning an attempt or alleged attempt
being made or to be made, to do any act which would be a crime
prohibited by this section.
(8) Knowingly threatens a violation of this section with the
specific intent that the threat is to be taken as a threat, even if
there is no intent of actually carrying it out, which threat, on its
face and under the circumstances in which it is made, is so
unequivocal, immediate, and specific as to convey a gravity of
purpose and an immediate prospect of execution of the threat, and
thereby causes sustained fear for the safety of any person, and which
results in a significant disruption of traffic or transportation
services. For purposes of this paragraph, a threat to violate this
section may be established by evidence of verbal, written, or
electronically or digitally communicated statements, or by evidence
of conduct alone, or by a combination of these. A threat to violate
this section may include, but is not limited to, giving, mailing,
sending, or causing to be sent any false or facsimile destructive
device or restricted biological or toxic agent, or placing, or
causing to be placed any false or facsimile destructive device or
restricted biological or toxic agent where it may significantly
disrupt traffic or transportation services.
(9) Attempts or conspires to do any of the aforesaid acts.
(b) If it is pled and proved that a violation of subdivision (a)
resulted in great bodily injury to another human being, the violator
shall serve a consecutive additional term of 25 years to life.
(c) If it is pled and proved that a violation of subdivision (a)
resulted in the death of another human being, the violator shall
serve a consecutive additional term in the state prison of life
without the possibility of parole.
(d) Notwithstanding Section 2933, 2933.1, 4019, or any other
provision of law, there shall be no reduction from the time required
to be served on a sentence for a violation of this section for work
performance or otherwise.
11452. Nothing in this article shall be construed to prevent
punishment instead pursuant to any other 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 California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
To properly investigate and prosecute terrorism, which poses an
immediate and ongoing threat to the safety of this state and its
citizens, it is necessary that this act go into immediate effect.