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Richmond 53 Terrorism ACT 128 2002 0000JJ8O

Richmond 53 Terrorism ACT 128 2002 0000JJ8O

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Published by: latruthpac on Aug 03, 2010
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Page 1 of 8CODING: Words in struck through type are deletions from existing law;words underscored are additions.
First Extraordinary Session, 2002HOUSE BILL NO. 53BY REPRESENTATIVES DOWNER, E. ALEXANDER, R. ALEXANDER,BAUDOIN, BROOME, BRUCE, CAPELLA, R. CARTER,CLARKSON, CRANE, CURTIS, DARTEZ, DIEZ, DURAND,ERDEY, FARRAR, FAUCHEUX, FLAVIN, FRITH, FUTRELL,GALLOT, HAMMETT, HEATON, HUTTER, JOHNS, KATZ,KENNARD, KENNEY, LANDRIEU, MCCALLUM, MCDONALD,MONTGOMERY, NEVERS, PINAC, POWELL, PRATT,QUEZAIRE, SHAW, JANE SMITH, JOHN SMITH, STELLY,STRAIN, THOMPSON, WADDELL, WALSWORTH, WOOTON,AND WRIGHT AND SENATORS CAIN, DUPRE, LENTINI,SCHEDLER, AND ULLOAN ACTTo amend and reenact R.S. 14:30(A)(1), R.S. 15:1308(A)(introductoryparagraph), and R.S. 44:3(A)(introductory paragraph) and (3) and toenact R.S. 14:2(13)(ff) and Subpart D of Part VII of Chapter 1 of Title14 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.14:128.1 and 128.2, and R.S. 15:1308(A)(2)(o) and (p), relative toterrorism; to enact the Louisiana Anti-terrorism Act; to create the crimeof terrorism; to create the crime of aiding others in terrorism; to providefor criminal penalties; to provide relative to the interception anddisclosure of wire and oral communications related to crimes of terrorism; to provide relative to first degree murder with respect toterrorism; to provide relative to the public records law; to direct theLouisiana State Law Institute to redesignate certain provisions of current law; to provide for exceptions; and to provide for relatedmatters.Be it enacted by the Legislature of Louisiana:
H.B. NO. 53Page 2 of 8CODING: Words in struck through type are deletions from existing law;words underscored are additions.Section 1.(A) This Act shall be entitled the "Louisiana Anti-terrorismAct".(B) The Legislature of Louisiana hereby declares that terrorism is themost deadly and serious problem that this nation and potentially this state facein this millennium. The terrorist attacks on the World Trade Center and thePentagon underscore the compelling need to address terrorism which threatenspublic order and individual safety of our citizens. The legislature states thatterrorism is inconsistent with a civilized society and cannot be tolerated. It isthe further intent of this legislature that the laws of this state must facilitate theprosecution and punishment of those who would commit and conspire tocommit acts of terrorism against our citizens, our state, and our country, whilesafeguarding the civil liberties of all persons afforded under the laws andconstitutions of this state and of the United States. This comprehensive Actis intended to combat terrorism, enact appropriate penalties for those whocommit acts of terrorism, and provide our law enforcement agencies withinvestigative tools needed to bring terrorists to justice.Section 2. R.S. 14:30(A)(1) is hereby amended and reenacted and R.S.14:2(13)(ff) and Subpart D of Part VII of Chapter 1 of Title 14 of theLouisiana Revised Statutes of 1950, comprised of R.S. 14:128.1 and 128.2, arehereby enacted to read as follows:
§2. DefinitionsIn this Code the terms enumerated shall have the designatedmeanings:* * *(13) "Crime of violence" means an offense that has, as anelement, the use, attempted use, or threatened use of physical forceagainst the person or property of another, and that, by its very nature,
H.B. NO. 53Page 3 of 8CODING: Words in struck through type are deletions from existing law;words underscored are additions.involves a substantial risk that physical force against the person orproperty of another may be used in the course of committing theoffense or an offense that involves the possession or use of a dangerousweapon. The following enumerated offenses and attempts to commitany of them are included as "crimes of violence":* * *(ff) Terrorism* * *
§30. First degree murderA. First degree murder is the killing of a human being:(1) When the offender has specific intent to kill or to inflictgreat bodily harm and is engaged in the perpetration or attemptedperpetration of aggravated kidnapping, second degree kidnapping,aggravated escape, aggravated arson, aggravated rape, forcible rape,aggravated burglary, armed robbery, drive-by shooting, first degreerobbery, orsimple robbery, or terrorism.* * *SUBPART D. ANTI-TERRORISM§128.1. TerrorismA. Terrorism is the commission of any of the acts enumeratedin this Subsection, when the offender has the intent to intimidate orcoerce the civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unitof government by intimidation or coercion:(1) Intentional killing of a human being.(2) Intentional infliction of serious bodily injury upon a humanbeing.

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