ASSEMBLY, No. 911

 

STATE OF NEW JERSEY

 

210th LEGISLATURE

 

INTRODUCED FEBRUARY 28, 2002

 

 

Sponsored by:

Assemblyman NEIL M. COHEN

District 20 (Union)

 

Co-Sponsored by:

Assemblymen Bodine and Conners

 

 

 

 

SYNOPSIS

    Creates the "September 11th, 2001 Anti-Terrorism Act".

 

CURRENT VERSION OF TEXT

    As introduced.

 

(Sponsorship Updated As Of: 3/12/2002)


An Act creating the "September 11th, 2001 Anti-Terrorism Act" and revising various parts of the statutory law.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. (New section). Sections 1 through 5 of this act shall be known and may be cited as the "September 11th, 2001 Anti-Terrorism Act."

 

    2. (New section) a. A person is guilty of the crime of terrorism if he commits or attempts, conspires or threatens to commit any crime enumerated in subsection c. of this section with the purpose to incite or induce others to promote an act of terror or to influence the policy or affect the conduct of government by terror or to cause the impairment or interruption of public communications, public transportation, public or private buildings, common carriers, public utilities or other public services.

    b. Terrorism is a crime of the first degree. Notwithstanding any other provision of law to the contrary, a person convicted under this section shall be sentenced to life imprisonment, during which time the person shall not be eligible for parole.

    Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction arising under this section shall not merge with a conviction for any offense that the defendant intended to commit or facilitate when the defendant violated the provisions of this section nor shall any such other conviction merge with a conviction under this section.

    c. The crimes encompassed by this section are: murder pursuant to N.J.S.2C:11-3; aggravated manslaughter or manslaughter pursuant to N.J.S.2C:11-4; vehicular homicide pursuant to N.J.S.2C:11-5; aggravated assault pursuant to subsection b. of N.J.S.2C:12-1; terroristic threats pursuant to N.J.S.2C:12-3; disarming a law enforcement officer pursuant to section 1 of P.L.1996, c.14 (C.2C:12-11); kidnapping pursuant to N.J.S.2C:13-1; criminal restraint pursuant to N.J.S.2C:13-2; robbery pursuant to N.J.S.2C:15-1; carjacking pursuant to section 1 of P.L.1993, c.221 (C.2C:15-2); aggravated arson or arson pursuant to N.J.S.2C:17-1; causing or risking widespread injury or damage pursuant to N.J.S.2C:17-2; damage to nuclear plant with intent or threat to cause release of radiation pursuant to section 1 of P.L.1983, c.480 (C.2C:17-7); damage to nuclear plant resulting in death by radiation pursuant to section 2 of P.L.1983, c.480 (C.2C:17-8); damage to nuclear plant resulting in injury by radiation pursuant to section 3 of P.L.1983, c.480 (C.2C:17-9); producing or possessing chemical weapons, biological agents or nuclear or radiological devices pursuant to section 3 of P.L. c. (C. ) (now pending before the Legislature as section 3 of this bill); burglary pursuant to N.J.S.2C:18-2; possession of prohibited weapons and devices pursuant to N.J.S.2C:39-3; possession of weapons for unlawful purposes pursuant to N.J.S.2C:39-4; unlawful possession of weapons pursuant to N.J.S.2C:39-5; weapons training for illegal activities pursuant to section 1 of P.L.1983, c.229 (C.2C:39-14); racketeering pursuant to N.J.S.2C:41-1 et seq.; and any other crime involving a risk of death or serious bodily injury to any person.

 

    3. (New section) Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices.

    a. A person who, purposely or knowingly, unlawfully develops, produces, otherwise acquires, transfers, receives, stockpiles, retains, owns, possesses or uses, or threatens to use, any chemical weapon, biological agent, toxin, vector or delivery system for use as a weapon, or nuclear or radiological device commits a crime of the first degree.

    b. Any manufacturer, distributor, transferor, possessor or user of any toxic chemical, biological agent, toxin or vector, or radioactive material that is related to a lawful industrial, agricultural, research, medical, pharmaceutical or other activity, who recklessly allows an unauthorized individual to obtain access to the toxic chemical or biological agent, toxin or vector or radioactive material, commits a crime of the second degree and, notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, shall be subject to a fine of up to $250,000 for each violation.

    c. For the purposes of this section:

    (1) "Chemical weapon" means:

    (a) a toxic chemical and its precursors, except where intended for a lawful purpose as long as the type and quantity is consistent with such a purpose. "Chemical weapon" shall include, but not be limited to:

    (i) nerve agents, including GA (Tabun) cyanide irreversible inhibitor, Sarin (GB), GB (Soman) fluorine, reversible "slow aging," GF, and VX sulfur, irreversible;

    (ii) choking agents, including Phosgene (CG) and Diphosgene (DP);

    (iii) blood agents, including Hydrogen Cyanide (AC), Cyanogen Chloride (CK), and Arsine (SA); and

    (iv) blister agents, including mustards (H, HD {sulfur mustard}, HN-1, HN-2, HN-3 {nitrogen mustard}), arsenicals, such as Lewisite (L), and urticants, including CX; and

    (v) incapacitating agents, including BZ ; or

    (b) a munition or device specifically designed to cause death or other harm through the toxic properties of those chemical weapons defined in subparagraph (a) of paragraph (1) of subsection c. of this section, which would be released as a result of the employment of such munition or device; or

    (c) any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in subparagraph (b) of paragraph (1) of subsection c. of this section.

    (2) "Biological agent" means any microorganism, virus, bacteria, rickettsiae, fungi, toxin, infectious substance or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, bacteria, rickettsiae, fungi, infectious substance or biological product, capable of causing:

    (a) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism; or

    (b) deterioration of food, water, equipment, supplies, or material of any kind; or

    (c) deleterious alteration of the environment.

    "Biological agent" shall include, but not be limited to: viruses, including Crimean-Congo hemorrhagic fever virus, eastern equine encephalitis virus, ebola viruses, equine morbilli virus, lasa fever virus, marburg virus, Rift Valley fever virus, South American 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, and yellow fever virus; bacteria including 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); rickettsiae, including Coxiella burnetii, Rickettsia prowazekii and Rickettsia rickettsii; Coccidioides immitis fungus; and toxins, including abrin, aflatoxins, Botulinum toxins, Clostridium perringes epsilon toxin, conotoxins, diacetoxyscirpenol, ricin, saxitoxin, shigatoxin, Staphylococcal enterotoxins, tetrodotoxins and T-2 toxin.

    (3) "Toxin" means the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, whatever its origin or method of production, including:

    (a) any poisonous substance or biological product that may be engineered as a result of biotechnology or produced by a living organism; or

    (b) any poisonous isomer or biological product, homolog, or derivative of such a substance.

    (4) "Vector" means a living organism or molecule, including a recombinant molecule, or biological product that may be engineered as a result of biotechnology, capable of carrying a biological agent or toxin to a host.

    (5) "Nuclear or radiological device" includes any nuclear device which is an explosive device designed to cause a nuclear yield, a radiological dispersal device which is an explosive device used to spread radioactive material or a simple radiological dispersal device which is any act or container or any other device used to release radiological material for use as a weapon.

    (6) "Delivery system" means any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin or vector.

    (7) "For use as a weapon" means all situations in which the defendant had any purpose other than a prophylactic, protective or peaceful purpose.

    d. This section shall not apply to the development, production, acquisition, transfer, receipt, possession or use of any toxic chemical, biological agent, toxin or vector that is related to a lawful industrial, agricultural, research, medical, pharmaceutical, or other activity.

    e. This section shall not apply to any device whose possession is otherwise lawful pursuant to N.J.S.2C:39-6.

    f. Nothing contained in this section shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for murder under the provisions of N.J.S.2C:11-3 or any other offense.

 

    4. (New section) Harboring, Concealing, Assisting or Providing Aid to Terrorist.

    a. A person is guilty of a crime of the first degree if he harbors, conceals, assists or provides or aids in providing weapons, money, transportation, disguise or other means of avoiding discovery or apprehension or effecting escape to a person who has committed an act of terrorism.

    b. A person is guilty of a crime of the second degree if he:

    (1) suppresses any evidence of an act of terrorism or tampers with a witness, informant, document or other source of information, regardless of its admissibility in evidence, which might aid in the discovery or apprehension of such person or in the lodging of a charge against that person;

    (2) warns a person who has committed an act of terrorism of the other's impending discovery or apprehension;

    (3) prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person or in the lodging of a charge against the person; or

    (4) gives false information to a law enforcement officer.

    c. A person is guilty of a crime of the third degree if he warns a person who has committed an act of terrorism of the other's impending discovery or apprehension.

    5. (New section) Soliciting or Providing Material Support or Resources for Terrorism.

    a. As used in this section:

    "Charitable organization" means: (1) any person determined by the federal Internal Revenue Service to be a tax exempt organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. s.501(c)(3); or

    (2) any person who is, or holds himself out to be, established for any benevolent, philanthropic, humane, social welfare, public health, or other eleemosynary purpose, or for the benefit of law enforcement personnel, firefighters or other persons who protect the public safety, or any person who in any manner employs a charitable appeal as the basis of any solicitation, or an appeal which has a tendency to suggest there is a charitable purpose to any such solicitation.

    "Charitable purpose" means: (1) any purpose described in section 501 (c)(3), of the Internal Revenue Code of 1986, 26 U.S.C. s.501(c)(3); or (2) any benevolent, philanthropic, humane, social welfare, public health, or other eleemosynary objective, or an objective that benefits law enforcement personnel, firefighters, or other persons who protect the public safety.

    "Material support or resources" means: (1) expert services or assistance with knowledge or purpose that the services or assistance will or is intended to be used in preparing for or carrying out terrorism;

    (2) currency, financial securities or other monetary instruments, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities weapons, lethal substances, explosives, personnel, transportation and other physical assets;

    (3) any chemical weapon, or any biological agent, toxin, vector or delivery system intended for use as a weapon, or any nuclear or radiological device, as defined in subsection c. of section 3 of P.L. c. (C.      ) (now pending before the Legislature as this bill).

    "Professional fund raiser" means any person who for compensation performs for a charitable organization any service in connection with which contributions are, or will be solicited in this State by that compensated person or by any compensated person he employs, procures, or engages, directly or indirectly to solicit contributions. A bona fide salaried officer, employee, or volunteer of a charitable organization shall not be deemed to be an independent paid fund raiser. No attorney, accountant or banker who advises a person to make a charitable contribution during the course of rendering professional services to that person shall be deemed, as a result of that advice, to be an independent paid fund raiser.

    b. (1) It shall be unlawful for any person, charitable organization or professional fund raiser to solicit, transport or otherwise provide material support or resources with the purpose or knowledge that such material support or resources will or are intended to be used, in whole or in part, to aid, plan, prepare or carry out an act or terrorism or with the purpose or knowledge that such material support or resources are or are intended to be given, in whole or in part, to a person or an organization that has committed or has the purpose to commit or has threatened to commit terrorism.

    (2) It shall be unlawful for any person, charitable organization or professional fund raiser to solicit, transport or otherwise provide material support or resources to or on behalf of a person or an organization that is designated as a foreign terrorist organization by the United States Secretary of State pursuant to 8 U.S.C. §1189. It shall not be a defense to a prosecution for a violation of this section that the actor did not know that the person or organization is designated as a foreign terrorist organization.

    c. A person who violates the provisions of subsection b. of this section shall be guilty of a crime of the first degree.

 

    6. Section 8 of P.L.1968, c.409 (C.2A:156A-8) is amended to read as follows:

    8. The Attorney General, county prosecutor or a person designated to act for such an official and to perform his duties in and during his actual absence or disability, may authorize, in writing, an ex parte application to a judge designated to receive the same for an order authorizing the interception of a wire, or electronic or oral communication by the investigative or law enforcement officers or agency having responsibility for an investigation when such interception may provide evidence of the commission of the offense of murder, kidnapping, gambling, robbery, bribery, a violation of paragraph (1) or (2) of subsection b. of N.J.S.2C:12-1, a violation of section 3 of P.L. 1997, c.353 (C.2C:21-4.3), a violation of N.J.S.2C:21-19 punishable by imprisonment for more than one year, a violation of P.L.1994, c.121 (C.2C:21-23 et seq.),a violation of sections 1 through 5 of P.L. c. (C. ) (now pending before the Legislature as sections 1 through 5 of this bill), a violation of N.J.S.2C:33-3, a violation of N.J.S.2C:17-2, a violation of sections 1 through 3 of P.L.1983, c.480 (C.2C:17-7 through 2C:17-9), [terroristic threats] a violation of N.J.S.2C:12-3 (terroristic threats), violations of N.J.S.2C:35-3, N.J.S.2C:35-4 and N.J.S.2C:35-5, violations of sections 112 through 116, inclusive, of the "Casino Control Act," P.L.1977, c.110 (C.5:12-112 through 5:12-116), arson, burglary, theft and related offenses punishable by imprisonment for more than one year, endangering the welfare of a child pursuant to N.J.S.2C:24-4, escape, forgery and fraudulent practices punishable by imprisonment for more than one year, alteration of motor vehicle identification numbers, unlawful manufacture, purchase, use, or transfer of firearms, unlawful possession or use of destructive devices or explosives, weapons training for illegal activities pursuant to section 1 of P.L.1983, c.229 (C.2C:39-14), racketeering or a violation of subsection g. of N.J.S.2C:5-2, leader of organized crime, organized criminal activity directed toward the unlawful transportation, storage, disposal, discharge, release, abandonment or disposition of any harmful, hazardous, toxic, destructive, or polluting substance, or any conspiracy to commit any of the foregoing offenses or which may provide evidence aiding in the apprehension of the perpetrator or perpetrators of any of the foregoing offenses.

(cf: P.L.1999, c.151, s.4).

 

    7. N.J.S.2C:1-6 is amended to read as follows:

    2C:1-6. Time Limitations. a. A prosecution for any offense set forth in N.J.S.2C:11-3, N.J.S.2C:11-4 [or], N.J.S.2C:14-2 or sections 1 through 5 of P.L. c. (C. )(now pending before the Legislature as sections 1 through 5 of this bill) may be commenced at any time.

    b. Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitations:

    (1) A prosecution for a crime must be commenced within five years after it is committed;

    (2) A prosecution for a disorderly persons offense or petty disorderly persons offense must be commenced within one year after it is committed;

    (3) A prosecution for any offense set forth in N.J.S.2C:27-2, N.J.S.2C:27-4, N.J.S.2C:27-6, N.J.S.2C:27-7, N.J.S.2C:29-4, N.J.S.2C:30-2, N.J.S.2C:30-3, or any attempt or conspiracy to commit such an offense, must be commenced within seven years after the commission of the offense;

    (4) A prosecution for an offense set forth in N.J.S.2C:14-3 or N.J.S.2C:24-4, when the victim at the time of the offense is below the age of 18 years, must be commenced within five years of the victim's attaining the age of 18 or within two years of the discovery of the offense by the victim, whichever is later;

    (5) A prosecution for any offense set forth in paragraph (2) of subsection a. of N.J.S.2C:17-2, section 9 of P.L.1970, c.39 (C.13:1E-9), section 20 of P.L.1989, c.34 (C.13:1E-48.20), section 19 of P.L.1954, c.212 (C.26:2C-19), section 10 of P.L.1984, c.173 (C.34:5A-41), or section 10 of P.L.1977, c.74 (C.58:10A-10) must be commenced within 10 years after the date of discovery of the offense by a local law enforcement agency, a county prosecutor, or the Department of Environmental Protection either directly by any of those entities or indirectly by notice given to any of those entities.

    c. An offense is committed either when every element occurs or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed, except that when the prosecution is supported by physical evidence that identifies the actor by means of DNA testing or fingerprint analysis, time does not start to run until the State is in possession of both the physical evidence and the DNA or fingerprint evidence necessary to establish the identification of the actor by means of comparison to the physical evidence.

    d. A prosecution is commenced for a crime when an indictment is found and for a nonindictable offense when a warrant or other process is issued, provided that such warrant or process is executed without unreasonable delay. Nothing contained in this section, however, shall be deemed to prohibit the downgrading of an offense at any time if the prosecution of the greater offense was commenced within the statute of limitations applicable to the greater offense.

    e. The period of limitation does not run during any time when a prosecution against the accused for the same conduct is pending in this State.

    f. The limitations in this section shall not apply to any person fleeing from justice.

    g. Except as otherwise provided in this code, no civil action shall be brought pursuant to this code more than five years after such action accrues.

(cf: P.L.2001, c.308, s.1)

 

    8. N.J.S.2C:5-2 is amended to read as follows:

    2C:5-2. Conspiracy. a. Definition of conspiracy. A person is guilty of conspiracy with another person or persons to commit a crime if with the purpose of promoting or facilitating its commission he:

    (1) Agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or

    (2) Agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime.

    b. Scope of conspiratorial relationship. If a person guilty of conspiracy, as defined by subsection a. of this section, knows that a person with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring with such other person or persons, whether or not he knows their identity, to commit such crime.

    c. Conspiracy with multiple objectives. If a person conspires to commit a number of crimes, he is guilty of only one conspiracy so long as such multiple crimes are the object of the same agreement or continuous conspiratorial relationship. It shall not be a defense to a charge under this section that one or more of the objectives of the conspiracy was not criminal; provided that one or more of its objectives or the means of promoting or facilitating an objective of the conspiracy is criminal.

    d. Overt act. No person may be convicted of conspiracy to commit a crime other than a crime of the first or second degree or distribution or possession with intent to distribute a controlled dangerous substance or controlled substance analog as defined in chapter 35 of this title, unless an overt act in pursuance of such conspiracy is proved to have been done by him or by a person with whom he conspired.

    e. Renunciation of purpose. It is an affirmative defense which the actor must prove by a preponderance of the evidence that he, after conspiring to commit a crime, informed the authority of the existence of the conspiracy and his participation therein, and thwarted or caused to be thwarted the commission of any offense in furtherance of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of criminal purpose as defined in N.J.S.2C:5-1d.; provided, however, that an attempt as defined in N.J.S.2C:5-1 shall not be considered an offense for purposes of renunciation under this subsection.

    f. Duration of conspiracy. For the purpose of [section] N.J.S.2C:1-6d.:

    (1) Conspiracy is a continuing course of conduct which terminates when the crime or crimes which are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom he conspired; and

    (2) Such abandonment is presumed with respect to a crime other than one of the first or second degree if neither the defendant nor anyone with whom he conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation; and

    (3) If an individual abandons the agreement, the conspiracy is terminated as to him only if and when he advises those with whom he conspired of his abandonment or he informs the law enforcement authorities of the existence of the conspiracy and of his participation therein.

    g. Leader of organized crime. A person is a leader of organized crime if he purposefully conspires with others as an organizer, supervisor [or], manager[,] or financier to commit a continuing series of crimes which constitute a pattern of racketeering activity under the provisions of N.J.S. 2C:41-1, provided, however, that notwithstanding 2C:1-8a. (2), a conviction of leader of organized crime shall not merge with the conviction of any other crime which constitutes racketeering activity under 2C:41-1. As used in this section, "financier" means a person who provides money, credit or a thing of value with the purpose or knowledge that it will be used to finance or support the operations of a conspiracy to commit a series of crimes which constitute a pattern of racketeering activity, including but not limited to the purchase of materials to be used in the commission of crimes, buying or renting housing or vehicles, purchasing transportation for members of the conspiracy or otherwise facilitating the commission of crimes which constitute a pattern of racketeering activity.

(cf: P.L.1987, c.106, s.4)

 

    9. N.J.S.2C:5-4 is amended to read as follows:

    2C:5-4. Grading of Criminal Attempt and Conspiracy; Mitigation in Cases of Lesser Danger. a. Grading. Except as provided in subsections c. and d., an attempt or conspiracy to commit a crime of the first degree is a crime of the second degree; except that an attempt or conspiracy to commit murder or terrorism is a crime of the first degree. Otherwise an attempt is a crime of the same degree as the most serious crime which is attempted, and conspiracy is a crime of the same degree as the most serious crime which is the object of the conspiracy; provided that, leader of organized crime is a crime of the second degree. An attempt or conspiracy to commit an offense defined by a statute outside the code shall be graded as a crime of the same degree as the offense is graded pursuant to sections 2C:1-4 and 2C:43-1.

    b. Mitigation. The court may impose sentence for a crime of a lower grade or degree if neither the particular conduct charged nor the defendant presents a public danger warranting the grading provided for such crime under subsection a. because:

    (1) The criminal attempt or conspiracy charged is so inherently unlikely to result or culminate in the commission of a crime; or

    (2) The conspiracy, as to the particular defendant charged, is so peripherally related to the main unlawful enterprise.

    c. Notwithstanding the provisions of subsection a. of this section, conspiracy to commit a crime set forth in subsection a., b., or d. of N.J.S.2C:17-1 where the structure which was the target of the crime was a church, synagogue, temple or other place of public worship is a crime of the first degree.

    d. Notwithstanding the provisions of subsection a. of this section, conspiracy to commit a crime as set forth in P.L.1994, c.121 (C.2C:21-23 et seq.) is a crime of the same degree as the most serious crime that was conspired to be committed.

(cf: P.L.1999, c.25, s.2).

 

    10. N.J.S.2C:12-3 is amended to read as follows:

    2C:12-3. Terroristic threats.

    a. A person is guilty of a crime of the [third] second degree if he threatens to commit any crime of violence with purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience.

    b. A person is guilty of a crime of the [third] second degree if he threatens to kill another with purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out.

(cf: P.L.1981, c.290, s.15)

 

    11. N.J.S.2C:17-2 is amended to read as follows:

    2C:17-2. Causing or Risking Widespread Injury or Damage.

    a. (1) A person who, purposely or knowingly, unlawfully causes an explosion, flood, avalanche, collapse of a building, release or abandonment of poison gas, radioactive material or any other harmful or destructive substance commits a crime of the second degree. A person who, purposely or knowingly, unlawfully causes widespread injury or damage in any manner commits a crime of the second degree.

    (2) A person who, purposely or knowingly, unlawfully causes a hazardous discharge required to be reported pursuant to the "Spill Compensation and Control Act," P.L.1976, c.141 (C.58:10-23.11 et seq.) or any rules and regulations adopted pursuant thereto, or who, purposely or knowingly, unlawfully causes a release or abandonment of hazardous waste as defined in section 1 of P.L.1976, c.99 (C.13:1E-38) or a toxic pollutant as defined in section 3 of P.L.1977, c.74 (C.58:10A-3) commits a crime of the second degree. Any person who recklessly violates the provisions of this paragraph is guilty of a crime of the [third] second degree.

    b. A person who recklessly causes widespread injury or damage is guilty of a crime of the third degree.

    c. A person who recklessly creates a risk of widespread injury or damage commits a crime of the [fourth] third degree, even if no such injury or damage occurs.

    d. A person who knowingly or recklessly fails to take reasonable measures to prevent or mitigate widespread injury or damage commits a crime of the fourth degree, if:

    (1) He knows that he is under an official, contractual or other legal duty to take such measures; or

    (2) He did or assented to the act causing or threatening the injury or damage.

    e. For purposes of this section, widespread injury or damage means serious bodily injury to 10 or more people or damage to 10 or more habitations or to a building which would normally have contained 50 or more persons at the time of the offense.

(cf: P.L.1997, c.325, s.2).

 

    12. Section 1 of P.L.1983, c. 480 (C.2C:17-7) is amended to read as follows:1. The provisions of N.J.S.2C:17-2 to the contrary notwithstanding, any person who purposely or knowingly damages or tampers with any


machinery, device, or equipment at a nuclear electric generating plant with the [intent] purpose to cause or threaten to cause an unauthorized release of radiation commits a crime of the [third] first degree, and may be sentenced to an extended term of imprisonment as set forth in paragraph (4) of subsection a. of N.J.S.2C:43-7, notwithstanding the provisions of N.J.S. 2C:44-3.

(cf: P.L.1983, c.480, s.1)

 

    13. Section 3 of P.L.1994, c.121 (C.2C:21-25) is amended to read as follows:

    3. A person is guilty of a crime if the person:

    a. transports or possesses property which he knew or reasonably should have known to be derived from criminal activity; or

    b. engages in a transaction involving property which he knew or reasonably should have known to be derived from criminal activity

    (1) with the intent to facilitate or promote the criminal activity; or

    (2) knowing that the transaction is designed in whole or in part

    (a) to conceal or disguise the nature, location, source, ownership or control of the property derived from criminal activity; or

    (b) to avoid a transaction reporting requirement under the laws of this State or any other state or of the United States; or

    c. directs, organizes, finances, plans, manages, supervises, or controls the transportation of or transactions in property which the person knew or reasonably should have known to be derived from criminal activity.

    d. For the purposes of this act, property is known to be derived from criminal activity if the person [knows] knew or reasonably should have known that the property involved represents proceeds from some form, though not necessarily which form, of criminal activity. Among the factors that the finder of fact may consider in determining that a transaction has been designed to avoid a transaction reporting requirement shall be whether the person, acting alone or with others, conducted one or more transactions in currency, in any amount, at one or more financial institutions, on one or more days, in any manner. The phrase "in any manner" includes the breaking down of a single sum of currency exceeding the transaction reporting requirement into smaller sums, including sums at or below the transaction reporting requirement, or the conduct of a transaction, or series of currency transactions, including transactions at or below the transaction reporting requirement. The transaction or transactions need not exceed the transaction reporting threshold at any single financial institution on any single day in order to demonstrate a violation of subparagraph (b) of paragraph (2) of subsection b. of this section.

(cf: P.L.1999, c.25, s.3).


    14. N.J.S.2C:33-3 is amended to read as follows:

    2C:33-3. False Public Alarms. a. Except as provided in subsection b. or c., a person is guilty of a crime of the [third] second degree if he initiates or circulates a report or warning of an impending fire, explosion, bombing, crime, catastrophe or emergency knowing that the report or warning is false or baseless and that it is likely to cause evacuation of a building, place of assembly, or facility of public transport, or to cause public inconveniences or alarm. A person is guilty of a crime of the [third] second degree if he knowingly causes such false alarm to be transmitted to or within any organization, official or volunteer, for dealing with emergencies involving danger to life or property.

    b. A person is guilty of a crime of the [third] second degree if in addition to the report or warning initiated, circulated or transmitted under subsection a., he places or causes to be placed any false or facsimile bomb in a building, place of assembly, or facility of public transport or in a place likely to cause public inconvenience or alarm.

    c. A person is guilty of a crime of the [second] first degree if a violation of subsection a. of this section in fact results in serious bodily injury to another person. A person is guilty of a crime of the [second] first degree if a violation of subsection a. of this section in fact results in death.

    d. For the purposes of this section, "in fact" means that strict liability is imposed.

    e. A person is guilty of a [disorderly persons offense] fourth degree if the person knowingly places a call to a 9-1-1 emergency telephone system without purpose of reporting the need for 9-1-1 service.

(cf: P.L.1999, c.195, s.1).

 

    15. Section 3 of P.L. 1999, c.195 (C.2C:33-3.2) is amended to read as follows:

    3. Any person who violates the provisions of N.J.S.2C:33-3 shall be liable for a civil penalty of not less than [$1,000.00] $20,000.00 or actual costs incurred by or resulting from the law enforcement and emergency services response to the false alarm, whichever is higher. Any monies collected pursuant to this section shall be made payable to the municipality or other entity providing the law enforcement or emergency services response to the false alarm. "Emergency services" includes, but is not limited to, paid or volunteer fire fighters, paramedics, members of an ambulance team, rescue squad or mobile intensive care unit.

(cf: P.L.1999, c.195, s.3)

 

    16. N.J.S.2C:41-1 is amended to read as follows:

2C:41-1. Definitions.

    For purposes of this section and N.J.S.2C:41-2 through N.J.S.2C:41-6:

    a. "Racketeering activity" means (1) any of the following crimes which are crimes under the laws of New Jersey or are equivalent crimes under the laws of any other jurisdiction:

    (a) murder

    (b) kidnapping

    (c) gambling

    (d) promoting prostitution

    (e) obscenity

    (f) robbery

    (g) bribery

    (h) extortion

    (i) criminal usury

    (j) violations of Title 33 of the Revised Statutes

    (k) violations of Title 54A of the New Jersey Statutes and Title 54 of the Revised Statutes

    (l) arson

    (m) burglary

    (n) theft and all crimes defined in chapter 20 of Title 2C of the New Jersey Statutes

    (o) forgery and fraudulent practices and all crimes defined in chapter 21 of Title 2C of the New Jersey Statutes

    (p) fraud in the offering, sale or purchase of securities

    (q) alteration of motor vehicle identification numbers

    (r) unlawful manufacture, purchase, use or transfer of firearms

    (s) unlawful possession or use of destructive devices or explosives

    (t) violation of sections 112 through 116 inclusive of the "Casino Control Act," P.L.1977, c.110 (C.5:12-112 through 5:12-116)

    (u) violation of N.J.S.2C:35-4, N.J.S.2C:35-5 or N.J.S.2C:35-6 and all crimes involving illegal distribution of a controlled dangerous substance or controlled substance analog, except possession of less than one ounce of marijuana

    (v) violation of subsection b. of N.J.S.2C:24-4 except for subparagraph (b) of paragraph (5) of subsection b.

    (w) violation of section 1 of P.L.1995, c.405 (C.2C:39-16), leader of firearms trafficking network

    (x) violation of section 1 of P.L.1983, c.229 (C.2C:39-14), weapons training for illegal activities

    (y) violation of section 2 of of P.L. c. (C. ), terrorism.

    (2) any conduct defined as "racketeering activity" under Title 18, U.S.C.s.1961(1)(A), (B) and (D).

    b. "Person" includes any individual or entity or enterprise as defined herein holding or capable of holding a legal or beneficial interest in property.


    c. "Enterprise" includes any individual, sole proprietorship, partnership, corporation, business or charitable trust, association, or other legal entity, any union or group of individuals associated in fact although not a legal entity, and it includes illicit as well as licit enterprises and governmental as well as other entities.

    d. "Pattern of racketeering activity" requires

    (1) Engaging in at least two incidents of racketeering conduct one of which shall have occurred after the effective date of this act and the last of which shall have occurred within 10 years (excluding any period of imprisonment) after a prior incident of racketeering activity; and

    (2) A showing that the incidents of racketeering activity embrace criminal conduct that has either the same or similar purposes, results, participants or victims or methods of commission or are otherwise interrelated by distinguishing characteristics and are not isolated incidents.

    e. "Unlawful debt" means a debt

    (1) Which was incurred or contracted in gambling activity which was in violation of the law of the United States, a state or political subdivision thereof; or

    (2) Which is unenforceable under state or federal law in whole or in part as to principal or interest because of the laws relating to usury.

    f. "Documentary material" includes any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic or recording or video tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into useable form or other tangible item.

    g. "Attorney General" includes the Attorney General of New Jersey, his assistants and deputies. The term shall also include a county prosecutor or his designated assistant prosecutor if a county prosecutor is expressly authorized in writing by the Attorney General to carry out the powers conferred on the Attorney General by this chapter.

    h. "Trade or commerce" shall include all economic activity involving or relating to any commodity or service.

(cf: P.L.1999, c.25, s.5).

 

    17. Section 2 of P.L.1997, c.117 (C.2C:43-7.2) is amended to read as follows:

    2. a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.

    b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.

    c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant's release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions of section 3 of P.L.1997, c.117 (C.30:4-123.51b).

    d. The court shall impose sentence pursuant to subsection a. of this section upon conviction of the following crimes or an attempt or conspiracy to commit any of these crimes:

    (1) N.J.S.2C:11-3, murder;

    (2) N.J.S.2C:11-4, aggravated manslaughter or manslaughter;

    (3) N.J.S.2C:11-5, vehicular homicide;

    (4) subsection b. of N.J.S.2C:12-1, aggravated assault;

    (5) subsection b. of N.J.S.2C:12-11, disarming a law enforcement officer;

    (6) N.J.S.2C:13-1, kidnapping;

    (7) subsection a. of N.J.S.2C:14-2, aggravated sexual assault;

    (8) subsection b. of N.J.S.2C:14-2 and paragraph (1) of subsection c. of N.J.S.2C:14-2, sexual assault;

    (9) N.J.S.2C:15-1, robbery;

    (10) section 1 of P.L.1993, c.221 (C.2C:15-2), carjacking;

    (11) paragraph (1) of subsection a. of N.J.S.2C:17-1, aggravated arson;


    (12) N.J.S.2C:18-2, burglary;

    (13) subsection a. of N.J.S.2C:20-5, extortion;

    (14) subsection b. of section 1 of P.L.1997, c.185 (C.2C:35-4.1), booby traps in manufacturing or distribution facilities; or

    (15) N.J.S.2C:35-9, strict liability for drug induced deaths.

    (16) section 2 of P.L. c. (C. )(now pending before the Legislature as section 2 of this bill), terrorism; or

    (17) section 3 of P.L. c. (C. )(now pending before the Legislature as section 3 of this bill), producing or possessing chemical weapons, biological agents or nuclear or radiological devices.

    e. (Deleted by amendment, P.L.2001, c.129).

(cf: P.L.2001, c.129, s.1)

 

    18. This act shall take effect immediately.

 

 

STATEMENT

 

    September 11, 2001 will be remembered as the day that the most devastating act of terrorism was perpetrated on the United States. Terrorists were able to orchestrate the destructive events at the World Trade Center and the Pentagon by establishing a network of terrorists who were able to creatively maneuver themselves around our existing criminal laws to achieve their purpose. It is the sponsor's intent to provide a comprehensive response to these acts of terror by providing law enforcement with the essential tools to dismantle the networks of terror and prevent further acts of terrorism.

    This bill creates the new offenses of terrorism, producing or possessing chemical weapons, biological agents or nuclear radiological devices, harboring, concealing, assisting or providing aid to terrorists and soliciting or providing material support to terrorists. This bill would also expand existing provisions in the criminal code such as the statute of limitations, the wiretapping statute, the RICO statute and the "No Early Release Act" to add terrorism. The bill would also revise the criminal laws concerning terroristic threats, causing widespread injury or damage, money laundering and making a false public alarm.

    Terrorism. This bill provides that a person is guilty of a crime of terrorism if he commits or attempts, conspires or threatens to commit certain enumerated crimes with the purpose to incite or induce others to promote of act of terror or to influence the policy or affect the conduct of government by terror or to cause the impairment or interruption of public communications, public transportation, public or private buildings, common carriers, public utilities or other public services. Anyone convicted of terrorism would be sentenced to life imprisonment, during which time he would not be eligible for parole.in

    Producing or possessing chemical weapons, biological agents or nuclear or radiological devices. This bill addresses the development, possession and use of nuclear, biological and chemical weapons which pose a threat of large-scale loss of human life. Under the provisions of the bill, it is a crime of the first degree to unlawfully develop, produce, receive, stockpile, own, possess or use any chemical weapon, biological agent, nuclear or radiological devices, toxin or vector. It would be a crime of the second degree for any manufacturer, distributor, transferor, possessor or user of any toxic chemical, biological agent, toxin or vector, or radioactive material that is related to a lawful industrial, agricultural, research, medical, pharmaceutical or other activity, who recklessly allows an unauthorized individual to obtain access to the toxic chemical or biological agent, toxin or vector or radioactive material.

    Harboring, Concealing, Assisting or Providing Aid to Terrorist. This makes it a crime of the first degree for any person to harbor, conceal, assist or provide or aid in providing weapons, money, transportation, disguise or other means of avoiding discovery or apprehension or effecting escape to a person who has committed an act of terrorism. It would be a crime of the second degree if a person (1) suppresses any evidence of an act of terrorism or tampers with a witness, informant, document or other source of information, regardless of its admissibility in evidence, which might aid in the discovery or apprehension of such person or in the lodging of a charge against that person; (2) warns a person who has committed an act of terrorism of the other's impending discovery or apprehension; (3) prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person or in the lodging of a charge against the person; or (4) gives false information to a law enforcement officer. If a person warns another person who has committed an act of terrorism of the other's impending discovery or apprehension it would be a crime of the third degree.

    Soliciting or Providing Material Support or Resources for Terrorism. This bill would make it a crime of the first degree for any person, charitable organization or professional fund raiser to solicit, transport or otherwise provide material support or resources with the purpose or knowledge that such material support or resources be used or be intended to be used, in whole or in part, to aid, plan, prepare or carry out an act or terrorism or with the purpose or knowledge that such material support or resources be given or be intended to be given, in whole or in part, to a person or an organization that has committed or has the purpose to commit or has threatened to commit terrorism. It would also be a crime of the first degree for any person, charitable organization or professional fund raiser to solicit, transport or otherwise provide material support or resources to or on behalf of a person or an organization that is designated as a foreign terrorist organization by the United States Secretary of State pursuant to 8 U.S.C. §1189. It would not be a defense to a prosecution for a violation of this section that the actor did not know that the person or organization is designated as a foreign terrorist organization.

    Wiretapping and electronic surveillance. This bill would amend the wiretapping statute to include the new crimes of terrorism, producing or possessing chemical weapons, biological agents or nuclear or radiological devices, harboring, concealing, assisting or providing aid to a terrorist and soliciting or providing material support to for terrorism within the enumerated offenses. This bill also amends the wiretapping statute to include false public alarms (2C:33-3), causing widespread injury (2C:17-2), damage to a nuclear plant (2C:17-7 through 2C:17-9) and weapons training for illegal activity (2C:39-14).

    Statute of Limitations. This bill would amend N.J.S.A.2C:1-6, the statute of limitations provision in the criminal code, to provide that a prosecution for terrorism, producing or possessing chemical weapons, biological agents or nuclear or radiological devices, harboring, concealing, assisting or providing aid to a terrorist and soliciting or providing material support to for terrorism could be commenced at any time.

    Conspiracy. This bill would amend N.J.S.A.2C:5-2 to include in the definition of "leader of organized crime" the term "financier" which is defined as a person who provides money, credit or a thing of value with the purpose or knowledge that it will be used to finance or support the operations of a conspiracy to commit a series of crimes which constitute a pattern of racketeering activity, including but not limited to the purchase of materials to be used in the commission of crimes, buying or renting housing or vehicles, purchasing transportation for members of the conspiracy or otherwise facilitating the commission of crimes which constitute a pattern of racketeering activity.

    Grading of Attempt and Conspiracy. This bill would amend N.J.S.A.2C:5-4 to make an attempt or conspiracy to commit an act of terrorism a crime of the first degree. Under the current provisions of the statute a crime to commit an act of the first degree is graded as a crime of the second degree, except for the crimes of murder, aggravated arson or arson when the target of the crime is a place of public worship.

    Terroristic Threats. This bill would amend N.J.S.A.2C:12-3 to upgrade to a crime of the first degree a threat to commit any crime of violence with purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience. This bill would also upgrade to a crime of the second degree a threat to kill another with purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out. Currently these offenses are graded as crimes of the third degree.

    Causing or risking widespread injury or damage. This bill would amend N.J.S.A.2C:17-2 to upgrade to a crime of the second degree for the crime of creating a risk of widespread injury or damage by recklessly causing a discharge of hazardous materials. Currently this offense is graded as a crime of the third degree.

    Damaging or Tampering with nuclear electric generating plant. This bill would amend N.J.S.A.2C:17-7 to upgrade to a crime of the first degree the crime of damaging a nuclear plant with the intent to cause the unauthorized release of radiation.

    Money Laundering. This bill would would amend N.J.S.2C:21-25, the money laundering statute, to make it a crime for a person to transport or possess property "which he knew or reasonably should have known" was derived from criminal activity or to engage, direct or organize such transactions. The person would be guilty of a crime of the first, second or third degree depending on the amount of the transaction. A transaction in the amount of $500,000.00 or more would be a crime of the first degree. If the amount is at least $75,000.00 but less than $500,000.00 then the offense would constitute a crime of the second degree, otherwise it would be a crime of the third degree.

    False Public Alarms. This bill would amend N.J.S.2C:33-3 to make it a crime of the second degree if a person initiates or circulates a report or warning of an impending fire, explosion, bombing, crime, catastrophe or emergency knowing that the report or warning is false or baseless and that it is likely to cause evacuation of a building, place of assembly, or facility of public transport, or to cause public inconvenience or alarm. It would also make it a crime of the second degree if a person knowingly causes such false alarm to be transmitted to or within any organization, official or volunteer, for dealing with emergencies involving danger to life or property. It would be a crime of the second degree if in addition to the report or warning initiated, circulated or transmitted the offender places or causes to be placed any false or facsimile bomb in a building, place of assembly, or facility of public transport or in a place likely to cause public inconvenience or alarm.

    It would be a crime of the first degree if a violation of 2C:33-3 results in serious bodily injury to another person or in death.

    It would be a crime of the fourth degree if a person knowingly places a call to a 9-1-1 emergency telephone system without purpose of reporting the need for 9-1-1 service.


    The bill would also provide that if a person is convicted of intiaiting a false alarm under these circumstances he would be liable for a civil penalty of not less than $20,000.

    Racketeering. In addition, the racketeering statute, N.J.S.2C:41-1, would be amended to include terrorism within the enumerated offenses.

     No Early Release. This bill would amend N.J.S.2C:43-7.2, NERA, to require the imposition of a term of parole ineligibility of not less than 85% of the sentence imposed for the crimes of terrorism and producing or possessing chemical weapons, biological agents or nuclear or radiological devices.