ASSEMBLY, No. 3825
STATE OF NEW JERSEY
209th LEGISLATURE
INTRODUCED NOVEMBER 8, 2001
Sponsored by:
Assemblyman NEIL M. COHEN
District 20 (Union)
Assemblywoman NIA H. GILL
District 27 (Essex)
Co-Sponsored by:
Assemblywoman Friscia, Assemblyman Barnes, Assemblywoman Greenstein, Assemblymen R.Smith and Guear
SYNOPSIS
Enacts the "September 11th, 2001 Anti-Terrorism Act."
CURRENT VERSION OF TEXT
As introduced.
An Act creating the as the "September 11th, 2001 Anti-Terrorism Act" and revising various parts of the statutory laws.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Sections 1 through 4 of this act shall be known and may be cited as the "September 11th, 2001 Anti-Terrorism Act."
2. (New section) a. As used in this section, "terrorism" means any unlawful act involving the use of a deadly weapon, destructive device or any instrument, article or substance readily capable of causing death or serious physical injury or damage to property committed for political reasons, political gain or financial gain with the intent to intimidate, coerce or disrupt the State, any of its political subdivisions, agencies, instrumentalities, officers or agents, or cause the impairment or interruption of public communications, public transportation, public or private buildlings, common carriers, public utilities or other public services.
b. It is unlawful for a person to:
(1) engage in an act of terrorism;
(2) organize, manage, direct, supervise or finance acts of terrorism;or
(3) incite or induce others to promote or further acts of terrorism.
c. Terrorism is a crime of the first degree. Notwithstanding any other provision of law to the contrary, any 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.
3. (New section) a. As used in this section:
"Material support or resources" means currency or other financial securities, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities weapons, lethal substances, explosives, personnel, transportation and other physical assets, except medicine or religious materials.
"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.
"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. 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 intent that the material support or resources be used, in whole or in part, to aid, plan, prepare or carry out an act or terrorism.
c. A person who violates the provisions of subsection b. of this section shall be guilty of a crime of the second degree, except that nothing shall
be deemed to preclude a charge for a greater crime under any other provision of Title 2C of the New Jersey Statutes.
4. (New section) a. A person is guilty of a crime of the first degree if he harbors, conceals, assists or aids a person who has committed an act of terrorism.
b. A person is guilty of a crime of second degree if he 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.
c. A person is guilty of a crime of second degree if he warns a person who has committed an act of terrorism of the other's impending discovery
or apprehension.
5. 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 4 of P.L.....c. (C. )(now pending before the Legislature as sections 1 through 4 of this bill), 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, 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)
6. 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 4 of P.L. c., (C. )(now pending before the Legislature as sections 1 through 4 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.
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 indictable offense to a nonindictable offense at any time if the indictable offense was filed within the statute of limitations applicable to indictable offenses.
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.1997, c.325, s.1).
7. 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 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).
8. 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) terrorism pursuant to the provisions of section 2 of P.L c., (C. )(now pending before the Legislature as section of this bill).
(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).
9. This act shall take effect immediately.
STATEMENT
On September 11, 2001 a devastating act of terrorism was perpetuated on the United States. These men were able to orchestrate these destructive events at the World Trade Center and the Pentagon by establishing a network of terrorists who creatively maneuvered themselves around our existing criminal laws to achieve their purpose. It is the sponsor's intent to provide law enforcement with the appropriate tools to tap into these networks and prevent any further acts of terrorism. The bill would criminalize acts of terrorism as well as prohibit others from providing material resources to the terrorist organization under the guise of providing aid to charitable organizations.
Specifically, this bill would make it a crime for anyone to engage in an act of terrorism, organize, manage, direct, supervise or finance acts of terrorism or incite or induce others to promote or further acts of terrorism. Terrorism is defined as any unlawful act involving the use of a deadly weapon, destructive device or any instrument, article or substance readily capable of causing death or serious physical injury or damage to property committed for political reasons, political gain or financial gain with the intent to intimidate, coerce or disrupt the State, any of its political subdivisions, agencies, instrumentalities, officers or agents, or cause the impairment or interruption of public communications, public transportation, common carriers, public utilities or other public services. Anyone convicted of an act of terrorism would be sentenced to life imprisonment, during which time he would not be eligible for parole.
This bill would make it a crime of the second degree for any person, charitable organization or professional fund raiser to solicit, transport or otherwise provide material support or resources with intent that these resources be used, in whole or in part, to aid, plan, prepare or carry out an act of terrrorism. A crime of the second degree is punishable by a term of imprisonment of 5 to 10 years, a fine of up to $150,000.00 or both.
This bill would also make it a crime of the first degree to harbor, conceal, assist or aid a terrorist. If a person suppresses any evidence of an act of terrorism or tampers with a witness, informant, document or other source of information which may aid in the apprehension of a terrorist, that person would be guilty of a crime of the second degree. It would also be a crime of the second degree if anyone warns a person who has committed an act of terrorism of that person's impending apprehension.
The wiretapping statute, N.J.S.2A:156A-8, would also be amended to include the new crimes of terrorism, providing material support and resources for an act of terrorism and harboring and aiding a terrorists within the list of enumerated offense for which a wiretap may be authorized.
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, providing material support or resources for an act of terrorism and harboring and aiding a terrorists could be commenced at any time.
This bill would also amend the attempt and conspiracy provision in the law, 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 murder, aggravated arson or arson when the target of the crime is a place of public worship.
In addition, the racketeering statute, N.J.S.2C:41-1, would be amended to include terrorism within the enumerated offenses.