Assigned to JUD                                                                                                                                      AS ENACTED

 

                                                                                                                                                                                

 

 

 

 

ARIZONA STATE SENATE

Fifty-Third Legislature, First Regular Session

 

FINAL AMENDED

FACT SHEET FOR S.B. 1350

 

terrorist threats; false reports; terrorism

 

Purpose

 

Expands the crime of terrorism and establishes related mandatory minimum sentences.  Creates new crimes regarding terrorist threats and false reporting. Relocates and modifies the crime of unlawful use of an infectious biological substance or radiological agent.

 

Background

 

Terrorism is any felony, including any completed or preparatory offense, involving the use of a deadly weapon or a weapon of mass destruction or the intentional or knowing infliction of serious physical injury with the intent to: 1) influence policy or affect the conduct of this state or political subdivisions, agencies or instrumentalities; 2) cause substantial damage to or substantial interruption of public communications, communication service providers, public transportation, common carriers, public utilities, public establishments or other public services (A.R.S. § 13-2301). The crime of terrorism includes, among other things, intentionally or knowingly: organizing, managing, directing, supervising or financing acts of terrorism; soliciting, inciting or inducing others to promote or further an act of terrorism; and possessing, with the intent to injure another person, an infectious biological substance or radiological agent. Terrorism is a class 2 felony, the presumptive sentence for which is 10.5 years, except the court may impose a life or natural life sentence under specified circumstances (A.R.S. § 13-2308.01). According to the Attorney General's office, the current terrorism law only applies if a person attacks a state building.

 

The crime of hoax is committed by intentionally or knowingly engaging in conduct that both: 1) is likely to impart the false impression that an act of terrorism is taking place or will take place; and 2) would reasonably be expected to cause or that causes an emergency response by a governmental agency. A person may be liable for expenses incurred incident to the emergency response and investigation, and an entity that incurred the expenses may collect the debt proportionally. Statute classifies the offense as a class 4 felony (A.R.S. § 13-2925).

 

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

 

 

 

 

 

 

Provisions

Terrorism

 

1.      Expands terrorism to include an act committed with the intent to intimidate or coerce a civilian population and further the goals, desires, aims, public pronouncements, manifestos or political objectives of any terrorist organization.

 

2.      Adds as terrorism intentionally or knowingly providing advice, assistance or direction in the conduct, financing or management of a terrorist organization.

 

3.      Includes additional public establishments that a person may cause substantial damage to or interruption of to meet the definition of terrorism.

 

4.      Modifies the penalty for terrorism as follows:

a)      permits a sentence of imprisonment for life or natural life;

b)      specifies a defendant sentenced to natural life is not eligible for release from confinement on any basis for the remainder of the defendant's natural life;

c)      specifies a defendant sentenced to life is not eligible for release from confinement on any basis except as specifically authorized under current law pertaining to certain juvenile offenders and at the direction of the Director of ADC, until completion of 25 years or commutation of sentence;

d)      adds mandatory minimum sentences for defendants not sentenced to life or natural life that include a minimum of 10 calendar years, a presumptive of 16 calendar years and a maximum of 25 calendar years.

 

5.      Defines terrorist organization as any organization that is designated by the U.S. Department of State as a foreign organization under federal law (8 U.S.C. § 1189).

 

Terrorist Threats and False Reporting of Terrorism

 

6.      Eliminates the crime of hoax and replaces it with making a terrorist threat and false reporting of terrorism.

 

7.      Specifies that it is unlawful for a person to:

a)      threaten to commit an act of terrorism and communicate the threat to any other person; and

b)      knowingly make a false report of an act of terrorism and communicate the false report to any other person.

 

8.      Stipulates that it is not a defense to a prosecution that the person did not have the intent or capability of committing the act of terrorism.

 

9.      Reinserts that a person who is convicted is liable for expenses and related requirements.

 

10.  Allows the court to order a juvenile adjudicated delinquent to pay the expenses incurred as restitution.

 

11.  Classifies a violation as a class 3 felony.

Infectious Biological Substances or Radiological Agents

 

12.  Removes unlawful use of an infectious biological substance or radiological agent from the terrorism statute and relocates it to its own section.

 

13.  Eliminates knowingly causing injury to another person by means of an infectious biological substance or radiological agent as a crime.

 

14.  Specifies a person convicted of the following is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court or the sentence is commuted:

a)      intentionally causing injury to another person by means of an infectious biological substance or radiological agent;

b)      intentionally or knowingly possessing, with the intent to injure another person, an infectious biological substance or radiological agent; and

c)      intentionally or knowingly manufacturing, selling, giving, distributing or using an infectious biological substance or radiological agent with the intent to injure another person.

 

Miscellaneous

 

15.  Makes technical and conforming changes.

 

16.  Becomes effective on the general effective date.

 

Amendments Adopted by the House of Representatives

 

·         Limits the definition of terrorist organization as those so designated under federal law.

 

Senate Action                                                             House Action

 

JUD                 2/9/17     DP     6-1-0                          JPS                  3/1/17     DPA     8-1-0

3rd Read          2/22/17            28-2-0                         3rd Read          3/21/17                56-0-4

Final Read      3/28/17            28-2-0

 

Signed by the Governor 3/29/17

Chapter 119

 

Prepared by Senate Research

April 24, 2017

AW/rr