PRIOR PRINTER'S NOS. 1372, 1440, 1535 PRINTER'S NO. 1580
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
AS AMENDED ON THIRD CONSIDERATION, DECEMBER 4, 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; and providing
7 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 UNDER this part that involves a violent act <--
2 or an act dangerous to human life, including an attempt or
3 conspiracy 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) APPLICATION OF SECTION.--THIS SECTION SHALL NOT APPLY TO <--
18 CONDUCT BY A PARTY TO A LABOR DISPUTE AS DEFINED IN THE ACT OF
19 JUNE 2, 1937 (P.L.1198, NO.308), KNOWN AS THE LABOR ANTI-
20 INJUNCTION ACT, OR TO ANY CONSTITUTIONALLY PROTECTED ACTIVITY.
21 (c) (D) Definitions.--As used in this section, the following <--
22 words and phrases shall have the meanings given to them in this
23 subsection:
24 "Dangerous to human life." An act which is intended to or
25 likely to cause death or serious bodily injury.
26 "Mass destruction." An act which is intended to or likely to
27 destroy or cause serious damage to another person or persons,
28 transportation-related infrastructure or facilities, energy-
29 related infrastructure or facilities, public or private
30 buildings, places of public accommodation or public works by
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1 explosion, fire, flood, avalanche, collapse and release of
2 poison gas, radioactive material or other harmful substance or
3 by any other means causing potential widespread death, injury or
4 damage.
5 § 2717. Soliciting or providing support for terrorism and
6 terrorist organizations.
7 (a) Offense.--A person commits the offense of soliciting or
8 providing support for terrorism or a terrorist organization
9 when, with the intent that the material support or resources
10 will be used, in whole or in part, to plan, prepare, carry out
11 or aid in terrorism or the concealment of, or an escape from,
12 terrorism, he raises, solicits, collects or provides material
13 support or resources.
14 (b) Grading.--Notwithstanding the provisions of section
15 2716(b) (relating to terrorism), if the total value of material
16 support or resources exceeds $1,000, an offense under this
17 section is a felony of the second degree; otherwise, an offense
18 under this section is a felony of the third degree.
19 (c) Definitions.--As used in this section, the following
20 words and phrases shall have the meanings given to them in this
21 subsection:
22 "Material support or resources." Currency or other financial
23 securities, financial services, lodging, training, safe houses,
24 false documentation or identification, communications equipment,
25 facilities, weapons, lethal substances, explosives, personnel,
26 transportation and other physical assets, except medicine or
27 religious materials.
28 "Terrorism." As defined in AN ACT CLASSIFIED AS AN OFFENSE <--
29 UNDER section 2716(a) (relating to terrorism).
30 "Terrorist organization." The term includes any
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1 organization, domestic or foreign, which directly engages in the
2 planning, preparation, carrying out or aiding of any act of
3 terrorism and includes, but is not limited to, any organization
4 under section 219 of the Immigration and Nationality Act (66
5 Stat. 163, 8 U.S.C. § 1189) as a foreign terrorist organization.
6 § 2718. Hindering prosecution for terrorism.
7 (a) Offense.--A person commits the offense of hindering
8 prosecution for terrorism if he renders criminal assistance to a
9 person who has committed terrorism, knowing or believing that
10 such person engaged in conduct constituting terrorism.
11 (b) Grading.--Notwithstanding the provisions of section
12 2716(b) (relating to terrorism), if the terrorism resulted in
13 the death of a person other than one of the participants, an
14 offense under this section is a felony of the second degree;
15 otherwise, an offense under this section is a felony of the
16 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 "Renders criminal assistance." With the intent to prevent,
21 hinder or delay the discovery or apprehension of, or the
22 bringing of a criminal charge against, a person who he knows or
23 believes has committed an offense under section 2716 (relating
24 to terrorism), or is being sought by law enforcement officials
25 for the commission of an offense under section 2716, or with
26 intent to assist a person in profiting or benefiting from the
27 commission of an offense under section 2716, he:
28 (1) harbors or conceals such person;
29 (2) warns such person of impending discovery or
30 apprehension;
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1 (3) provides such person with money, transportation,
2 weapon, disguise or other means of avoiding discovery or
3 apprehension;
4 (4) prevents or obstructs, by means of force,
5 intimidation or deception, anyone from performing an act
6 which might aid in the discovery or apprehension of such
7 person or in the bringing of a criminal charge against him;
8 OR <--
9 (5) suppresses, by any act of concealment, alteration or
10 destruction, any physical evidence which might aid in the
11 discovery or apprehension of such person or in the bringing
12 of a criminal charge against him.; or <--
13 (6) aids such person to protect or expeditiously profit
14 from an advantage derived from such crime.
15 "Terrorism." As defined in AN ACT CLASSIFIED AS AN OFFENSE <--
16 UNDER section 2716(a) (relating to terrorism).
17 Section 3. Title 42 is amended by adding a section to read:
18 § 8315. Terrorism action.
19 (a) General rule.--In addition to any other right of action
20 and any other remedy provided by law, an action may be brought
21 to recover damages against the terrorist, terrorist organization
22 or person who knowingly provided material support or resources
23 to or aided a terrorist or terrorist organization for the death
24 of an individual or for an injury to an individual or damage to
25 or loss of property caused by an act of terrorism. This section <--
26 shall not apply to a financial institution, as defined by 31 OR <--
27 LOSS OF PROPERTY CAUSED BY AN ACT OF TERRORISM.
28 (B) APPLICATION OF SECTION.--THIS SECTION SHALL NOT APPLY
29 TO:
30 (1) A FINANCIAL INSTITUTION AS DEFINED BY 31 U.S.C. §
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1 5312(a)(2) (relating to definitions and application),
2 including an operating or financial subsidiary, that complies
3 with Federal laws and regulations relating to a financial
4 transaction at the time the transaction occurs including, to
5 the extent applicable, the International Money Laundering
6 Abatement and Anti-Terrorist Financing Act of 2001 (Title III
7 of Public Law 107-56).
8 (2) CONDUCT BY A PARTY TO A LABOR DISPUTE AS DEFINED IN <--
9 THE ACT OF JUNE 2, 1937 (P.L.1198, NO.308), KNOWN AS THE
10 LABOR ANTI-INJUNCTION ACT, OR TO ANY CONSTITUTIONALLY
11 PROTECTED ACTIVITY.
12 (b) (C) Recovery.--The plaintiff may seek recovery for any <--
13 of the following:
14 (1) General and special damages, including damages for
15 emotional distress.
16 (2) Punitive damages.
17 (3) Reasonable attorney fees and costs.
18 (4) Such other relief that the court deems necessary and
19 proper.
20 (c) (D) Assets.--In making a recovery under this section, <--
21 the plaintiff may enforce the judgment against the assets of the
22 terrorist, terrorist organization or person who knowingly
23 provided material support or resources to or aided the terrorist
24 or terrorist organization.
25 (d) (E) Definitions.--As used in this section, the following <--
26 words and phrases shall have the meanings given to them in this
27 subsection:
28 "Act of terrorism." An act or acts constituting a specified
29 offense defined in UNDER 18 Pa.C.S. Part II (relating to <--
30 definition of specific offenses) that involve a violent act or
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1 an act dangerous to human life, including an attempt or
2 conspiracy to commit any such offense, intended to intimidate or
3 coerce a civilian population; influence the policy of a
4 government by intimidation or coercion; or affect the conduct of
5 a government by mass destruction, assassination or kidnapping.
6 "Dangerous to human life." An act which is intended to or
7 likely to cause death or serious bodily injury.
8 "Mass destruction." An act which is intended to or likely to
9 destroy or cause serious damage to transportation-related
10 infrastructure or facilities, energy-related infrastructure or
11 facilities, public or private buildings, places of public
12 accommodation or public works under circumstances evincing
13 depraved indifference to human life or property.
14 "Material support or resources." Currency or other financial
15 securities, financial services, lodging, training, safe houses,
16 false documentation or identification, communications equipment,
17 facilities, weapons, lethal substances, explosives, personnel,
18 transportation and other physical assets, except medicine or
19 religious materials.
20 Section 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) Section 1 of this act and this section shall take
26 effect immediately.
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