ENROLLED

First Extraordinary Session, 2002

$&71R
HOUSE BILL NO. 53

BY 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 ULLO

AN ACT

To amend and reenact R.S. 14:30(A)(1), R.S. 15:1308(A)(introductory

paragraph), and R.S. 44:3(A)(introductory paragraph) and (3) and to

enact R.S. 14:2(13)(ff) and Subpart D of Part VII of Chapter 1 of Title

14 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 to

terrorism; to enact the Louisiana Anti-terrorism Act; to create the crime

of terrorism; to create the crime of aiding others in terrorism; to provide

for criminal penalties; to provide relative to the interception and

disclosure of wire and oral communications related to crimes of

terrorism; to provide relative to first degree murder with respect to

terrorism; to provide relative to the public records law; to direct the

Louisiana State Law Institute to redesignate certain provisions of

current law; to provide for exceptions; and to provide for related

matters.

Be it enacted by the Legislature of Louisiana:

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Section 1.(A) This Act shall be entitled the "Louisiana Anti-terrorism

Act".

(B) The Legislature of Louisiana hereby declares that terrorism is the

most deadly and serious problem that this nation and potentially this state face

in this millennium. The terrorist attacks on the World Trade Center and the

Pentagon underscore the compelling need to address terrorism which threatens

public order and individual safety of our citizens. The legislature states that

terrorism is inconsistent with a civilized society and cannot be tolerated. It is

the further intent of this legislature that the laws of this state must facilitate the

prosecution and punishment of those who would commit and conspire to

commit acts of terrorism against our citizens, our state, and our country, while

safeguarding the civil liberties of all persons afforded under the laws and

constitutions of this state and of the United States. This comprehensive Act

is intended to combat terrorism, enact appropriate penalties for those who

commit acts of terrorism, and provide our law enforcement agencies with

investigative 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 the

Louisiana Revised Statutes of 1950, comprised of R.S. 14:128.1 and 128.2, are

hereby enacted to read as follows:

§2. Definitions

In this Code the terms enumerated shall have the designated

meanings:

* * *

(13) "Crime of violence" means an offense that has, as an

element, the use, attempted use, or threatened use of physical force

against the person or property of another, and that, by its very nature,

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involves a substantial risk that physical force against the person or

property of another may be used in the course of committing the

offense or an offense that involves the possession or use of a dangerous

weapon. The following enumerated offenses and attempts to commit

any of them are included as "crimes of violence":

* * *

(ff) Terrorism

* * *

§30. First degree murder

A. First degree murder is the killing of a human being:

(1) When the offender has specific intent to kill or to inflict

great bodily harm and is engaged in the perpetration or attempted

perpetration of aggravated kidnapping, second degree kidnapping,

aggravated escape, aggravated arson, aggravated rape, forcible rape,

aggravated burglary, armed robbery, drive-by shooting, first degree

robbery, or simple robbery, or terrorism.

* * *

SUBPART D. ANTI-TERRORISM

§128.1. Terrorism

A. Terrorism is the commission of any of the acts enumerated

in this Subsection, when the offender has the intent to intimidate or

coerce the civilian population, influence the policy of a unit of

government by intimidation or coercion, or affect the conduct of a unit

of government by intimidation or coercion:

(1) Intentional killing of a human being.

(2) Intentional infliction of serious bodily injury upon a human

being.

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(3) Kidnapping of a human being.

(4) Aggravated arson upon any structure, watercraft, or

movable.

(5) Intentional aggravated criminal damage to property.

B.(1) Whoever commits the crime of terrorism as provided in

Paragraph (A)(1) of this Section shall be punished by life imprisonment

at hard labor, without benefit of probation, parole, or suspension of

sentence.

(2) Whoever commits the crime of terrorism as provided in

Paragraph (A)(2) of this Section shall be imprisoned at hard labor for

not more than thirty years.

(3) Whoever commits the crime of terrorism as provided in

Paragraph (A)(3) of this Section shall be imprisoned at hard labor for

not more than ten years.

(4) Whoever commits the crime of terrorism as provided in

Paragraph (A)(4) of this Section shall be imprisoned at hard labor for

not less than six years nor more than forty years. At least four years of

the sentence of imprisonment shall be imposed without benefit of

probation, parole, or suspension of sentence.

(5) Whoever commits the crime of terrorism as provided in

Paragraph (A)(5) of this Section shall be imprisoned at hard labor for

not less than one year nor more than thirty years.

C. Nothing in this Section shall be construed to prevent lawful

assembly and peaceful and orderly petition for the redress of

grievances, including but not limited to any labor dispute between any

employer and its employees.

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§128.2. Aiding others in terrorism

A.(1) Aiding others in terrorism is the raising, soliciting,

collecting, or providing material support or resources with intent that

such will be used, in whole or in part, to plan, prepare, carry out, or aid

in any act of terrorism or hindering the prosecution of terrorism or the

concealment of, or escape from, an act of terrorism.

(2) For the purposes of this Section, "hindering prosecution of

terrorism" shall include but not be limited to the following:

(a) Harboring or concealing a person who is known or believed

by the offender to have committed an act of terrorism.

(b) Warning a person who is known or believed by the offender

to have committed an act of terrorism of impending discovery or

apprehension.

(c) Suppressing any physical evidence which might aid in the

discovery or apprehension of a person who is known or believed by the

offender to have committed an act of terrorism.

B. Whoever commits the crime of aiding others in terrorism

shall be punished as follows:

(1) If the offense so aided is punishable by life imprisonment, he

shall be imprisoned at hard labor for not less than ten nor more than

fifty years without benefit of parole, probation, or suspension of

sentence.

(2) In all other cases he shall be fined or imprisoned or both, in

the same manner as for the offense aided; such fine or imprisonment

shall not be less than one-half of the minimum fine or imprisonment,

and shall not exceed one-half of the largest fine, or one-half of the

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longest term of imprisonment prescribed for the offense so aided, or

both.

C. For purposes of this Section, "material support or resources"

means currency or other financial securities, financial services,

instruments of value, lodging, training, safehouses, false documentation

or identification, communications equipment, facilities, weapons, lethal

substances, explosives, personnel, transportation, and other physical

assets, except the provision of medical attention by a licensed health

care provider or religious materials.

Section 3. R.S. 15:1308(A)(introductory paragraph) is hereby amended

and reenacted and R.S. 15:1308(A)(2)(o) and (p) are hereby enacted to read

as follows:

§1308. Authorization for interception of wire or oral communications

A. The attorney general, or the deputy or any assistant attorney

general acting pursuant to the authorization of the attorney general,

with the approval of the district attorney or any assistant district

attorney acting pursuant to the written authorization of the district

attorney in whose district the interception of wire or oral

communications shall take place, and the district attorney or authorized

assistant district attorney, with the approval of the attorney general or

authorized deputy or assistant attorney general may authorize an

application to a judge in whose district the interception of wire or oral

communications shall take place, and such judge may grant in

conformity with R.S. 15:1310 an order authorizing or approving the

interception of wire or oral communications by an investigative or law

enforcement officer having responsibility for the investigation of the

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offense as to which the application is made, when such interception

may provide or has provided evidence of:

* * *

(2) The commission, attempted commission, or conspiracy to

commit a crime involving any of the following offenses:

* * *

(o) Terrorism.

(p) Aiding others in terrorism.

* * *

Section 4. R.S. 44:3(A)(introductory paragraph) and (3) are hereby

amended and reenacted to read as follows:

§3. Records of prosecutive, investigative, and law enforcement

agencies, and communications districts

A. Nothing in this Chapter shall be construed to require

disclosures of records, or the information contained therein, held by the

offices of the attorney general, district attorneys, sheriffs, police

departments, Department of Public Safety and Corrections, marshals,

investigators, public health investigators, correctional agencies,

communications districts, or intelligence agencies, or publicly owned

water districts of the state, which records are:

* * *

(3) Records containing security procedures, investigative

training information or aids, investigative techniques, investigative

technical equipment or instructions on the use thereof, criminal

intelligence information pertaining to terrorist-related activity, or threat

or vulnerability assessments collected or obtained in the prevention of

terrorist-related activity, including but not limited to physical security

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information, proprietary information, operational plans, and the

analysis of such information, or internal security information; or

* * *

Section 5. The Louisiana State Law Institute is hereby directed to

redesignate Subpart D of Part VII of Chapter 1 of Title 14 of the Louisiana

Revised Statutes of 1950, comprised of R.S. 14:129 through 133.4, as Subpart

E of Part VII of Chapter 1 of Title 14 of the Louisiana Revised Statutes of

1950.

Section 6. The Louisiana State Law Institute is hereby directed to

redesignate Subpart E of Part VII of Chapter 1 of Title 14 of the Louisiana

Revised Statutes of 1950, comprised of R.S. 14:134 through 141, as Subpart

F of Part VII of Chapter 1 of Title 14 of the Louisiana Revised Statutes of

1950.

Section 7. If any provision or item of this Act or the application thereof

is held invalid, such invalidity shall not affect other provisions, items, or

applications of this Act which can be given effect without the invalid

provisions, items, or applications, and to this end the provisions of this Act are

hereby declared severable.

SPEAKER OF THE HOUSE OF REPRESENTATIVES

PRESIDENT OF THE SENATE

GOVERNOR OF THE STATE OF LOUISIANA

APPROVED:

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