PRIOR PRINTER'S NOS. 1372, 1440 PRINTER'S NO. 1535
No. 1000 Session of 2001
INTRODUCED BY GREENLEAF, COSTA, BOSCOLA, O'PAKE, ARMSTRONG, DENT, ERICKSON, HOLL, MURPHY, PUNT, RHOADES, SCARNATI, TARTAGLIONE, TOMLINSON, MADIGAN, GERLACH, STACK AND KASUNIC, OCTOBER 9, 2001
SENATOR THOMPSON, APPROPRIATIONS, RE-REPORTED AS AMENDED, NOVEMBER 19, 2001
AN ACT 1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and 2 Judicial Procedure) of the Pennsylvania Consolidated 3 Statutes, providing for the offenses of terrorism, soliciting 4 or providing support for an act of terrorism and hindering 5 prosecution for an act of terrorism; establishing a civil 6 action to recover damages caused by terrorism; directing the <-- 7 design of a memorial; and providing for penalties. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. This act shall be known and may be cited as the 11 Anti-Terrorism Act. 12 Section 2. Title 18 of the Pennsylvania Consolidated 13 Statutes is amended by adding sections to read: 14 § 2716. Terrorism. 15 (a) Offense.--A person commits the offense of terrorism if, 16 with the intent to intimidate or coerce a civilian population, 17 influence the policy of a government by intimidation or 18 coercion, or affect the conduct of a government by mass 19 destruction, assassination or kidnapping, he commits a specified
1 offense defined in this part that involves a violent act or an 2 act dangerous to human life, including an attempt or conspiracy 3 to commit any such offense. 4 (b) Grading and penalty.--If the specified offense is a 5 misdemeanor or a felony of the third or second degree, an 6 offense under this section shall be classified one degree higher 7 in the classification specified in section 106 (relating to 8 classes of offenses) than the classification of the specified 9 offense. If the specified offense is a felony of the first 10 degree, a person convicted of an offense under this section 11 shall be sentenced to a term of imprisonment fixed by the court 12 at not more than 40 years and may be sentenced to pay a fine of 13 not more than $50,000. If the specified offense resulted in the 14 death of a person other than one of the participants, sentencing 15 shall be in accordance with 42 Pa.C.S. § 9711 (relating to 16 sentencing procedure for murder of the first degree). 17 (c) Definitions.--As used in this section, the following 18 words and phrases shall have the meanings given to them in this 19 subsection: 20 "Dangerous to human life." An act which is intended to or 21 likely to cause death or serious bodily injury. 22 "Mass destruction." An act which is intended to or likely to 23 destroy or cause serious damage to ANOTHER PERSON OR PERSONS, <-- 24 transportation-related infrastructure or facilities, ENERGY- <-- 25 RELATED INFRASTRUCTURE OR FACILITIES, public or private 26 buildings, places of public accommodation, public works or <-- 27 public utilities under circumstances evincing depraved 28 indifference to human life or property. OR PUBLIC WORKS BY <-- 29 EXPLOSION, FIRE, FLOOD, AVALANCHE, COLLAPSE AND RELEASE OF 30 POISON GAS, RADIOACTIVE MATERIAL OR OTHER HARMFUL SUBSTANCE OR 20010S1000B1535 - 2 -
1 BY ANY OTHER MEANS CAUSING POTENTIAL WIDESPREAD DEATH, INJURY OR 2 DAMAGE. 3 § 2717. Soliciting or providing support for terrorism AND <-- 4 TERRORIST ORGANIZATIONS. 5 (a) Offense.--A person commits the offense of soliciting or 6 providing support for terrorism when, with OR A TERRORIST <-- 7 ORGANIZATION WHEN, WITH THE intent that the material support or 8 resources will be used, in whole or in part, to plan, prepare, 9 carry out or aid in terrorism or the concealment of, or an 10 escape from, terrorism, he raises, solicits, collects or 11 provides material support or resources. 12 (b) Grading.--Notwithstanding the provisions of section 13 2716(b) (relating to terrorism), if the total value of material 14 support or resources exceeds $1,000, an offense under this 15 section is a felony of the second degree; otherwise, an offense 16 under this section is a felony of the third degree. 17 (c) Definitions.--As used in this section, the following 18 words and phrases shall have the meanings given to them in this 19 subsection: 20 "Material support or resources." Currency or other financial 21 securities, financial services, lodging, training, safe houses, 22 false documentation or identification, communications equipment, 23 facilities, weapons, lethal substances, explosives, personnel, 24 transportation and other physical assets, except medicine or 25 religious materials. 26 "Terrorism." As defined in section 2716(a) (relating to 27 terrorism). 28 "TERRORIST ORGANIZATION." THE TERM INCLUDES ANY <-- 29 ORGANIZATION, DOMESTIC OR FOREIGN, WHICH DIRECTLY ENGAGES IN THE 30 PLANNING, PREPARATION, CARRYING OUT OR AIDING OF ANY ACT OF 20010S1000B1535 - 3 -
1 TERRORISM AND INCLUDES, BUT IS NOT LIMITED TO, ANY ORGANIZATION 2 UNDER SECTION 219 OF THE IMMIGRATION AND NATIONALITY ACT (66 3 STAT. 163, 8 U.S.C. § 1189) AS A FOREIGN TERRORIST ORGANIZATION. 4 § 2718. Hindering prosecution for terrorism. 5 (a) Offense.--A person commits the offense of hindering 6 prosecution for terrorism if he renders criminal assistance to a 7 person who has committed terrorism, knowing or believing that 8 such person engaged in conduct constituting terrorism. 9 (b) Grading.--Notwithstanding the provisions of section 10 2716(b) (relating to terrorism), if the terrorism resulted in 11 the death of a person other than one of the participants, an 12 offense under this section is a felony of the second degree; 13 otherwise, an offense under this section is a felony of the 14 third degree. 15 (c) Definitions.--As used in this section, the following 16 words and phrases shall have the meanings given to them in this 17 subsection: 18 "Renders criminal assistance." With the intent to prevent, 19 hinder or delay the discovery or apprehension of, or the 20 bringing of a criminal charge against, a person who he knows or 21 believes has committed an offense under section 2716 (relating 22 to terrorism), or is being sought by law enforcement officials 23 for the commission of an offense under section 2716, or with 24 intent to assist a person in profiting or benefiting from the 25 commission of an offense under section 2716, he: 26 (1) harbors or conceals such person; 27 (2) warns such person of impending discovery or 28 apprehension; 29 (3) provides such person with money, transportation, 30 weapon, disguise or other means of avoiding discovery or 20010S1000B1535 - 4 -
1 apprehension; 2 (4) prevents or obstructs, by means of force, 3 intimidation or deception, anyone from performing an act 4 which might aid in the discovery or apprehension of such 5 person or in the bringing of a criminal charge against him; 6 (5) suppresses, by any act of concealment, alteration or 7 destruction, any physical evidence which might aid in the 8 discovery or apprehension of such person or in the bringing 9 of a criminal charge against him; or 10 (6) aids such person to protect or expeditiously profit 11 from an advantage derived from such crime. 12 "Terrorism." As defined in section 2716(a) (relating to 13 terrorism). 14 Section 3. Title 42 is amended by adding a section to read: 15 § 8315. Terrorism action. 16 (a) General rule.--In addition to any other right of action 17 and any other remedy provided by law, an action may be brought 18 to recover damages against the terrorist, terrorist organization 19 or person who knowingly provided material support or resources 20 to or aided a terrorist or terrorist organization for the death 21 of an individual or for an injury to an individual or damage to 22 or loss of property caused by an act of terrorism. THIS SECTION <-- 23 SHALL NOT APPLY TO A FINANCIAL INSTITUTION, AS DEFINED BY 31 24 U.S.C. § 5312(A)(2) (RELATING TO DEFINITIONS AND APPLICATION), 25 INCLUDING AN OPERATING OR FINANCIAL SUBSIDIARY, THAT COMPLIES 26 WITH FEDERAL LAWS AND REGULATIONS RELATING TO A FINANCIAL 27 TRANSACTION AT THE TIME THE TRANSACTION OCCURS INCLUDING, TO THE 28 EXTENT APPLICABLE, THE INTERNATIONAL MONEY LAUNDERING ABATEMENT 29 AND ANTI-TERRORIST FINANCING ACT OF 2001 (TITLE III OF PUBLIC 30 LAW 107-56). 20010S1000B1535 - 5 -
1 (b) Recovery.--The plaintiff may seek recovery for any of 2 the following: 3 (1) General and special damages, including damages for 4 emotional distress. 5 (2) Punitive damages. 6 (3) Reasonable attorney fees and costs. 7 (4) Such other relief that the court deems necessary and 8 proper. 9 (c) Assets.--In making a recovery under this section, the 10 plaintiff may enforce the judgment against the assets of the 11 terrorist, terrorist organization or person who knowingly 12 provided material support or resources to or aided the terrorist 13 or terrorist organization. 14 (d) Definitions.--As used in this section, the following 15 words and phrases shall have the meanings given to them in this 16 subsection: 17 "Act of terrorism." An act or acts constituting a specified 18 offense defined in 18 Pa.C.S. Part II (relating to definition of 19 specific offenses) that involve a violent act or an act 20 dangerous to human life, including an attempt or conspiracy to 21 commit any such offense, intended to intimidate or coerce a 22 civilian population; influence the policy of a government by 23 intimidation or coercion; or affect the conduct of a government 24 by mass destruction, assassination or kidnapping. 25 "Dangerous to human life." An act which is intended to or 26 likely to cause death or serious bodily injury. 27 "Mass destruction." An act which is intended to or likely to 28 destroy or cause serious damage to transportation-related 29 infrastructure or facilities, ENERGY-RELATED INFRASTRUCTURE OR <-- 30 FACILITIES, public or private buildings, places of public 20010S1000B1535 - 6 -
1 accommodation, public works or public utilities OR PUBLIC WORKS <-- 2 under circumstances evincing depraved indifference to human life 3 or property. 4 "Material support or resources." Currency or other financial 5 securities, financial services, lodging, training, safe houses, 6 false documentation or identification, communications equipment, 7 facilities, weapons, lethal substances, explosives, personnel, 8 transportation and other physical assets, except medicine or 9 religious materials. 10 Section 4. The Governor shall direct the appropriate <-- 11 agencies of the Commonwealth, with input from design 12 professionals and the victims' families, to design a memorial to 13 the victims of the terrorist attacks on September 11, 2001, in 14 New York, Pennsylvania and Virginia. Not later than six months 15 from the effective date of this act, the Governor shall submit 16 to the General Assembly a report with the design and cost of the 17 memorial. The memorial may include an eternal flame and be 18 located in or near Independence Park in the City of 19 Philadelphia. 20 Section 5 4. This act shall take effect as follows: <-- 21 (1) The addition of 18 Pa.C.S. §§ 2716, 2717 and 2718 22 shall take effect in 60 days. 23 (2) The addition of 42 Pa.C.S. § 8315 shall take effect 24 immediately. 25 (3) Sections 1 and 4 SECTION 1 of this act and this <-- 26 section shall take effect immediately. J1L18JS/20010S1000B1535 - 7 -