A25

ASSEMBLY, No. 25

STATE OF NEW JERSEY

209th LEGISLATURE

INTRODUCED OCTOBER 3, 2001

Sponsored by:

Assemblyman PAUL DIGAETANO

District 36 (Bergen, Essex and Passaic)

Assemblyman MICHAEL J. ARNONE

District 12 (Monmouth)

Co-Sponsored by:

Assemblywoman Farragher and Assemblyman Holzapfel

SYNOPSIS

Enacts the "Anti-Terrorism Act of 2001."

CURRENT VERSION OF TEXT

As introduced.

An Act creating the "Anti-Terrorism Act of 2001" 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 "Anti-Terrorism Act of 2001."

2. (New section) Terrorism. 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:

(1) terrorize five or more persons; or

(2) influence the policy or affect the conduct of government by terror.

b. Terrorism is a crime of the first degree.

(1) Notwithstanding any other provision of law to the contrary, any person convicted under this section shall be sentenced to a term of 30 years, during which the person shall not be eligible for parole, or to a specific term of years which shall be between 30 years and life imprisonment, of which the person shall serve not less than 30 years before being eligible for parole.

(2) If a violation of this section results in death, the person shall be sentenced to a term of life imprisonment, during which time the person shall not be eligible for parole.

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 homicidepursuant 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 resulting in 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.

d. Definitions. For the purposes of this section:

"Government" means the United States, any state, county, municipality, or other political unit, or any department, agency or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government.

"Serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

"Terror" means the menace or fear of death or serious bodily injury.

"Terrorize" means to convey the menace or fear of death or serious bodily injury by words or actions.

e. A prosecution pursuant to this section may be brought by the Attorney General, his assistants and deputies within the Division of Criminal Justice, or by a county prosecutor or a designated assistant prosecutor if the county prosecutor is expressly authorized in writing by the Attorney General to prosecute a violation of this section.

f. Notwithstanding the provisions of N.J.S.2C:1-8 or any other law, a conviction of terrorism under this section shall not merge with a conviction of any other offense, nor shall such other conviction merge with a conviction under this section, and the court shall impose separate sentences upon each violation of this section and any other offense.

g. 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 crime.

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, except that:

(1) Notwithstanding any other provision of law to the contrary, any person convicted under this subsection shall be sentenced to a term of 30 years, during which the person shall not be eligible for parole, or to a specific term of years which shall be between 30 years and life imprisonment of which the person shall serve not less than 30 years before being eligible for parole.

(2) If a violation of this section results in death, the person shall be sentenced to a term of life imprisonment, during which the person shall not be eligible for parole.

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 fourth degree and notwithstanding the provisions of subsection b. of N.J.S.2C:43-3 shall be subject to a fine of up to $50,000.00 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 Tabun (GA), Sarin (GB), Soman (GD), GF, and VX;

(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), urticants, including CX; and

(v) incapacitating agents, including BZ ; or

(b) a munition or device, specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified 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, 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, 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

"Biological agent" shall include, but not be limited to: Crimean-Congo hemorrhagic fever virus, eastern equine encephalitis virus, ebola viruses, equine morbilli virus, lassa fever virus, marburg virus, Rift Valley fever virus, South African 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, bacillus antracis (commonly known as anthrax), brucella bortus, 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 perfringens epsilon toxin, conotoxins, diacetoxyscirpenol, ricin, saxitoxin, shigatoxin, staphyloccoccal enterotoxins, tetrodotoxin 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 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 any 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 individual self-defense devices whose possession is otherwise lawful pursuant to subsections h., i., or k. of N.J.S.2C:39-6.

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

4. (New section) Hindering Apprehension or Prosecution for Terrorism. a. A person commits a crime if, with purpose to hinder the detention, apprehension, investigation, prosecution, conviction or punishment of another for the crime of terrorism, he:

(1) Harbors or conceals the other;

(2) Provides or aids in providing a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension or effecting escape;

(3) Suppresses, by way of concealment or destruction, any evidence of the crime, 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 him;

(4) Warns the other of impending discovery or apprehension, except that this paragraph does not apply to a warning given in connection with an effort to bring another into compliance with law;

(5) 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 him;

(6) Aids such person to protect or expeditiously profit from an advantage derived from such crime; or

(7) Gives false information to a law enforcement officer.

b. A violation of subsection a. of this section is a crime of the first degree if the crime of terrorism resulted in death. Otherwise, it is a crime of the second degree.

5. (New section). Solicitation and Providing Support for Terrorism.

a. As used in this act:

"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.

"Contribution" means material support or resources.

"Terrorism" means activities that involve a crime enumerated in section 2 of P.L. c. (C. )(now pending before the Legislature as section 2 of this bill).

"Independent paid 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.

"Material support or resources" means:

(1) expert services or assistance with knowledge or purpose that the services or assistance will 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; or

(3) any chemical weapon, biological agent, toxin, vector, delivery system or nuclear or radiological device for use as a weapon.

"Solicitation" or "solicit" means the request, directly or indirectly, for money, credit, property, financial assistance, or other thing of any kind or value which will or is intended to be used for a charitable purpose or benefit a charitable organization. Solicitation shall include, but not be limited to, the following methods of requesting or securing money, credit, property, financial assistance or other thing of value:

(1) Any oral or written request;

(2) The making of any announcement in the press, over the radio or television, by telephone, through the mail or any other media concerning an appeal or campaign by or for any charitable organization or purpose;

(3) The distribution, circulation, posting or publishing of any handbill, written advertisement or other publication which directly or by implication seeks to obtain a contribution;

(4) The offer of, attempt to sell, or sale of any advertising space, book, card, tag, coupon, device, magazine, membership, merchandise, subscription, flower, ticket, candy, cookies or other tangible item in connection with which any appeal is made for any charitable organization or purpose, or where the name of any charitable organization is used or referred to in any appeal as an inducement or reason for making any sale, or where any statement is made that the whole or any part of the proceeds from the sale will be used for any charitable purpose or benefit any charitable organization;or

(5) The use or employment of canisters, cards, receptacles or similar devices for the collection of money or other thing of value in connection with which any appeal is made for any charitable organization or purpose.

A solicitation shall take place whether or not the person making the solicitation receives any contribution, except that a charitable organization's use of its own name in any communication shall not alone be sufficient to constitute a solicitation.

"Solicitor" means any individual who attempts to solicit or solicits contributions for use by a charitable purpose or to benefit a charitable organization.

b. Solicitation to Commit Terrorism. a. A person, charitable organization, independent paid fund raiser, or solicitor who raises, solicits, or collects material support or resources with the purpose or knowledge that such material support or resources will be used, in whole or in part, to plan, prepare, carry out, or escape from an act of terrorism is guilty of committing solicitation to commit terrorism, a crime of the second degree.

c. Providing Support for Terrorism. A person who provides material support or resources to a person or an organization with the knowledge that the material support or resources will be used, in whole or in part, to plan, prepare, carry out, or escape from an act of terrorism is guilty of committing the crime of providing material support or resources for terrorism. A violation of this section is a crime of the first degree if the act of terrorism results in death. Otherwise, it is a crime of the second degree.

d. A person, charitable organization, independent paid fund raiser, or solicitor, who raises, solicits, collects or provides material support or resources, commits the crime of providing support for terrorism, if that person, charitable organization, independent paid fund raiser or solicitor:

(1) gives material support or resources to an organization designated as a foreign terrorist organization by the United States Secretary of State pursuant to 8 U.S.C.A. section 1189; or

(2) gives material support or resources to a person or organization with the knowledge that the person or organization has committed or has the purpose to commit or has threatened to commit, an act of terroism.

A violation of this section is a crime of the first degree if the act of terrorism results in death. Otherwise, it is a crime of the second degree.

e. Nothing herein shall be deemed to preclude prosecution and conviction of any other offense, if the evidence so warrants.

f. The Attorney General shall revoke any registration granted under the "Charitable Registration and Investigation Act," P.L.1994, c.16 (C.45:17A-18 et seq.), to any person found guilty of violating the provisions of this section.

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 pursuant to N.J.S.2C:12-3, 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 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] greater offense was [filed] commenced within the statute of limitations applicable to [indictable offenses] 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.1997, c.325, 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 inN.J.S.2C:5-1d.; provided, however, that an attempt as defined inN.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 N.J.S.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 N.J.S.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 attemptor conspiracy to commit murder is a crime of the first degree, provided, however, that if the defendant attempted or conspired to kill five or more persons, the defendant shall be sentenced by the court to a term of 30 years, during which the defendant shall not be eligible for parole, or to a specific term of years which shall be between 30 years and life imprisonment, of which the defendant shall serve not less than 30 years before eligibility for parole . 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] N.J.S.2C:1-4 and N.J.S.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:11-3 is amended to read as follows:

2C:11-3. Murder.

a. Except as provided in N.J.S.2C:11-4, criminal homicide constitutes murder when:

(1) The actor purposely causes death or serious bodily injury resulting in death; or

(2) The actor knowingly causes death or serious bodily injury resulting in death; or

(3) It is committed when the actor, acting either alone or with one or more other persons, is engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, sexual assault, arson, burglary, kidnapping, carjacking [or],criminal escape[,] or terrorism pursuant to section 2 of P.L. ,c. (C. ) (now pending before the Legislature as section 2 of this bill),and in the course of such crime or of immediate flight therefrom, any person causes the death of a person other than one of the participants; except that in any prosecution under this subsection, in which the defendant was not the only participant in the underlying crime, it is an affirmative defense that the defendant:

(a) Did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid the commission thereof; and

(b) Was not armed with a deadly weapon, or any instrument, article or substance readily capable of causing death or serious physical injury and of a sort not ordinarily carried in public places by law-abiding persons; and

(c) Had no reasonable ground to believe that any other participant was armed with such a weapon, instrument, article or substance; and

(d) Had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.

b. (1) Murder is a crime of the first degree but a person convicted of murder shall be sentenced, except as provided in subsection c. of this section, by the court to a term of 30 years, during which the person shall not be eligible for parole, or be sentenced to a specific term of years which shall be between 30 years and life imprisonment of which the person shall serve 30 years before being eligible for parole.

(2) If the victim was a law enforcement officer and was murdered while performing his official duties or was murdered because of his status as a law enforcement officer, the person convicted of that murder shall be sentenced, except as otherwise provided in subsection c. of this section, by the court to a term of life imprisonment, during which the person shall not be eligible for parole.

(3) A person convicted of murder and who is not sentenced to death under this section shall be sentenced to a term of life imprisonment without eligibility for parole if the murder was committed under all of the following circumstances:

(a) The victim is less than 14 years old; and

(b) The act is committed in the course of the commission, whether alone or with one or more persons, of a violation of N.J.S.2C:14-2 or N.J.S.2C:14-3.

(4) If the defendant was subject to sentencing pursuant to subsection c. and the jury or court found the existence of one or more aggravating factors, but that such factors did not outweigh the mitigating factors found to exist by the jury or court or the jury was unable to reach a unanimous verdict as to the weight of the factors, the defendant shall be sentenced by the court to a term of life imprisonment during which the defendant shall not be eligible for parole.

(5) A person convicted of murder and who is not sentenced to death under this section shall be sentenced to a term of life imprisonment without eligibility for parole if the murder was committed while the person was engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit, terrorism pursuant to section 2 of P.L. c. (C )(now pending before the Legislature as section 2 of this bill).

With respect to a sentence imposed pursuant to this subsection, the defendant shall not be entitled to a deduction of commutation and work credits from that sentence.

c. Any person convicted under subsection a.(1) or (2) who committed the homicidal act by his own conduct; or who as an accomplice procured the commission of the offense by payment or promise of payment of anything of pecuniary value; or who, as a leader of a narcotics trafficking network as defined in N.J.S.2C:35-3 and in furtherance of a conspiracy enumerated in N.J.S.2C:35-3, commanded or by threat or promise solicited the commission of the offense, shall be sentenced as provided hereinafter:

(1) The court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death or pursuant to the provisions of subsection b. of this section.

Where the defendant has been tried by a jury, the proceeding shall be conducted by the judge who presided at the trial and before the jury which determined the defendant's guilt, except that, for good cause, the court may discharge that jury and conduct the proceeding before a jury empaneled for the purpose of the proceeding. Where the defendant has entered a plea of guilty or has been tried without a jury, the proceeding shall be conducted by the judge who accepted the defendant's plea or who determined the defendant's guilt and before a jury empaneled for the purpose of the proceeding. On motion of the defendant and with consent of the prosecuting attorney the court may conduct a proceeding without a jury. Nothing in this subsection shall be construed to prevent the participation of an alternate juror in the sentencing proceeding if one of the jurors who rendered the guilty verdict becomes ill or is otherwise unable to proceed before or during the sentencing proceeding.

(2) (a) At the proceeding, the State shall have the burden of establishing beyond a reasonable doubt the existence of any aggravating factors set forth in paragraph (4) of this subsection. The defendant shall have the burden of producing evidence of the existence of any mitigating factors set forth in paragraph (5) of this subsection but shall not have a burden with regard to the establishment of a mitigating factor.

(b) The admissibility of evidence offered by the State to establish any of the aggravating factors shall be governed by the rules governing the admission of evidence at criminal trials. The defendant may offer, without regard to the rules governing the admission of evidence at criminal trials, reliable evidence relevant to any of the mitigating factors. If the defendant produces evidence in mitigation which would not be admissible under the rules governing the admission of evidence at criminal trials, the State may rebut that evidence without regard to the rules governing the admission of evidence at criminal trials.

(c) Evidence admitted at the trial, which is relevant to the aggravating and mitigating factors set forth in paragraphs (4) and (5) of this subsection, shall be considered without the necessity of reintroducing that evidence at the sentencing proceeding; provided that the fact finder at the sentencing proceeding was present as either the fact finder or the judge at the trial.

(d) The State and the defendant shall be permitted to rebut any evidence presented by the other party at the sentencing proceeding and to present argument as to the adequacy of the evidence to establish the existence of any aggravating or mitigating factor.

(e) Prior to the commencement of the sentencing proceeding, or at such time as he has knowledge of the existence of an aggravating factor, the prosecuting attorney shall give notice to the defendant of the aggravating factors which he intends to prove in the proceeding.

(f) Evidence offered by the State with regard to the establishment of a prior homicide conviction pursuant to paragraph (4)(a) of this subsection may include the identity and age of the victim, the manner of death and the relationship, if any, of the victim to the defendant.

(3) The jury or, if there is no jury, the court shall return a special verdict setting forth in writing the existence or nonexistence of each of the aggravating and mitigating factors set forth in paragraphs (4) and (5) of this subsection. If any aggravating factor is found to exist, the verdict shall also state whether it outweighs beyond a reasonable doubt any one or more mitigating factors.

(a) If the jury or the court finds that any aggravating factors exist and that all of the aggravating factors outweigh beyond a reasonable doubt all of the mitigating factors, the court shall sentence the defendant to death.

(b) If the jury or the court finds that no aggravating factors exist, or that all of the aggravating factors which exist do not outweigh all of the mitigating factors, the court shall sentence the defendant pursuant to subsection b.

(4) The aggravating factors which may be found by the jury or the court are:

(a) The defendant has been convicted, at any time, of another murder. For purposes of this section, a conviction shall be deemed final when sentence is imposed and may be used as an aggravating factor regardless of whether it is on appeal;

(b) In the commission of the murder, the defendant purposely or knowingly created a grave risk of death to another person in addition to the victim;

(c) The murder was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, or an aggravated assault to the victim;

(d) The defendant committed the murder as consideration for the receipt, or in expectation of the receipt of anything of pecuniary value;

(e) The defendant procured the commission of the [offense]murder by payment or promise of payment of anything of pecuniary value;

(f) The murder was committed for the purpose of escaping detection, apprehension, trial, punishment or confinement for another offense committed by the defendant or another;

(g) The [offense] murder was committed while the defendant was engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit murder, robbery, sexual assault, arson, burglary or kidnapping or the crime of contempt in violation of N.J.S.2C:29-9b.;

(h) The defendant murdered a public servant, as defined in N.J.S.2C:27-1, while the victim was engaged in the performance of his official duties, or because of the victim's status as a public servant;

(i) The defendant: (i) as a leader of a narcotics trafficking network as defined in N.J.S.2C:35-3 and in furtherance of a conspiracy enumerated in N.J.S.2C:35-3, committed, commanded or by threat or promise solicited the commission of the [offense] murderor (ii) committed the [offense] murder at the direction of a leader of a narcotics trafficking network as defined in N.J.S.2C:35-3 in furtherance of a conspiracy enumerated in N.J.S.2C:35-3;

(j) The homicidal act that the defendant committed or procured was in violation of paragraph (1) of subsection a. of N.J.S.2C:17-2;[or]

(k) The victim was less than 14 years old; or

(l) The murder was committed while the defendant was engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit, terrorism pursuant to section 2 of P.L. c. (C. )(now pending before the Legislature as section 2 of this bill).

(5) The mitigating factors which may be found by the jury or the court are:

(a) The defendant was under the influence of extreme mental or emotional disturbance insufficient to constitute a defense to prosecution;

(b) The victim solicited, participated in or consented to the conduct which resulted in his death;

(d) The defendant's capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law was significantly impaired as the result of mental disease or defect or intoxication, but not to a degree sufficient to constitute a defense to prosecution;

(e) The defendant was under unusual and substantial duress insufficient to constitute a defense to prosecution;

(f) The defendant has no significant history of prior criminal activity;

(g) The defendant rendered substantial assistance to the State in the prosecution of another person for the crime of murder; or

(h) Any other factor which is relevant to the defendant's character or record or to the circumstances of the offense.

(6) When a defendant at a sentencing proceeding presents evidence of the defendant's character or record pursuant to subparagraph (h) of paragraph (5) of this subsection, the State may present evidence of the murder victim's character and background and of the impact of the murder on the victim's survivors. If the jury finds that the State has proven at least one aggravating factor beyond a reasonable doubt and the jury finds the existence of a mitigating factor pursuant to subparagraph (h) of paragraph (5) of this subsection, the jury may consider the victim and survivor evidence presented by the State pursuant to this paragraph in determining the appropriate weight to give mitigating evidence presented pursuant to subparagraph (h) of paragraph (5) of this subsection. As used in this paragraph "victim and survivor evidence" may include the display of a photograph of the victim taken before the homicide.

d. The sentencing proceeding set forth in subsection c. of this section shall not be waived by the prosecuting attorney.

e. Every judgment of conviction which results in a sentence of death under this section shall be appealed, pursuant to the Rules of Court, to the Supreme Court. Upon the request of the defendant, the Supreme Court shall also determine whether the sentence is disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant. Proportionality review under this section shall be limited to a comparison of similar cases in which a sentence of death has been imposed under subsection c. of this section. In any instance in which the defendant fails, or refuses to appeal, the appeal shall be taken by the Office of the Public Defender or other counsel appointed by the Supreme Court for that purpose.

f. Prior to the jury's sentencing deliberations, the trial court shall inform the jury of the sentences which may be imposed pursuant to subsection b. of this section on the defendant if the defendant is not sentenced to death. The jury shall also be informed that a failure to reach a unanimous verdict shall result in sentencing by the court pursuant to subsection b.

g. A juvenile who has been tried as an adult and convicted of murder shall not be sentenced pursuant to the provisions of subsection c. but shall be sentenced pursuant to the provisions of subsection b. of this section.

h. In a sentencing proceeding conducted pursuant to this section, no evidence shall be admissible concerning the method or manner of execution which would be imposed on a defendant sentenced to death.

i. For purposes of this section the term "homicidal act" shall mean conduct that causes death or serious bodily injury resulting in death.

j. In a sentencing proceeding conducted pursuant to this section, the display of a photograph of the victim taken before the homicide shall be permitted.

(cf: P.L.2000, c.88, s.1).

11. 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 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. A violation of this subsection is a crime of the second degree if it occurs during a declared period of national, State or county emergency. The actor shall be strictly liable upon proof that the crime occurred, in fact, during a declared period of national, State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.

b. A person is guilty of a crime of the third 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)

12. Section 1 of P.L1983, 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)] (2) of subsection a. of N.J.S.2C:43-7, notwithstanding the provisions of N.J.S.2C:44-3; provided, however, that if the defendant is not sentenced to an extended term of imprisonment, the defendant shall be sentenced to an ordinary term of imprisonment between 15 and 30 years.

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

13. 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 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 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.A violation of this subsection is a crime of the first degree if it occurs during a declared period of national, State or county emergency.

c. A person is guilty of a crime of the second degree if a violation of subsection a. of this section in fact results in serious bodily injury to another person or occurs during a declared period of national, State or county emergency. 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. It shall not be a defense that the death or serious bodily injury was not a foreseeable consequence of the defendant's acts or that the death or serious bodily injury was caused by the actions of another person or by circumstances beyond the control of the defendant. The actor shall be strictly liable upon proof that the crime occurred during a declared period of national,State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.

e. A person is guilty of a [disorderly persons offense] crime of the 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)

14. Section 3 of P.L.1999,c.195 (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] $2,000.00 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)

15. 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).

16.This act shall take effect immediately.

STATEMENT

The terrorist attacks on the United States on September 11, 2001 which took the lives of many individuals in the World Trade Center, the Pentagon and on board American Airlines Flights 11 and 77 and United Airlines Flights 93 and 175 emphasize the importance and necessity of providing law enforcement agencies with all the essential tools to combat terrorism. These appalling acts of terrorism make it clear that current laws are not tailored towards combating terrorism. To address this gap, this bill creates the "Anti-Terrorism Act of 2001."

This act provides a multi-faceted response to terrorism. It tightens existing criminal laws concerning terroristic threats and making a false public alarm while at the same time creating the new offenses of terrorism, soliciting or providing material resources to terrorists, producing or possessing chemical weapons, biological agents or nuclear or radiological devices and hindering the prosecution of terrorism. It would, among other things, expand the wiretapping statute to include these new crimes and add terrorism to the list of aggravating factors to be considered in determining whether the defendant would receive the death sentence.

Terrorism. Under the provisions of the bill, a person is guilty of the crime of terrorism if he commits or attempts, conspires or threatens to commit certain enumerated crimes with the purpose to: terrorize five or more persons or influence the policy or affect the conduct of government by terror. The crimes encompassed by this act are:murder pursuant to N.J.S.2C:11-3; aggravated manslaughter or manslaughter pursuant to N.J.S. 2C:11-4; vehicular homicidepursuant 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.47 (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 resulting in 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; 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.

A person convicted under this act would be sentenced to a specific term of years which shall be a term of 30 years without parole, or a specific term of years between 30 years and life imprisonment of which the person shall serve not less than 30 years before being eligible for parole.

Producing or possessing chemical weapons, biological agents or nuclear or radiological devices. This bill also addresses the development, possession and use of nuclear, biological and chemical weapons which poses 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. Those who engage in the development, production, possession or use of such chemical and biological weapons and nuclear or radiological devices, whether directly or by assisting others, would be guilty of a crime of the first degree, and would be sentenced to a term of 30 years without parole, or to a specific term between 30 years and life imprisonment, of which not less than 30 years must be served without parole. If death results from a violation of this section, a sentence of life without parole.

Hindering prosecution of terrorism. The bill makes it a crime for a person, with purpose to hinder the detention, apprehension, investigation, prosecution, conviction or punishment of another person for the crime of terrorism, to: (1) harbor or conceal the other person; (2) provide or aid in providing a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension or effecting escape; (3) suppress, by way of concealment or destruction, any evidence of the crime, or tamper 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 him; (4) warn the other person of impending discovery or apprehension, except that this does not apply to a warning given in connection with an effort to bring another into compliance with law; (5) prevent or obstruct, 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 him; (6) aid such person to protect or expeditiously profit from an advantage derived from such crime; or (7) give false information to a law enforcement officer. This offense would be graded as a crime of the first degree if the crime of terrorism resulted in death. Otherwise, it would be graded as a crime of the second degree.

Soliciting or providing material support for terrorism. The bill would create the offense of solicitation of material support or resources in support of terrorism and providing material support or resources for terrorism. This bill would prohibit a person from raising, soliciting or collecting material support or resources or providing material support or resources to a person or organization intending that the material support or resources to be used to plan, prepare, carry out or escape from acts of terrorism. Under the provisions of the bill, a person found guilty of either offense would be guilty of a crime of the second degree, except that if the act of providing support or resources for terrorism results in death, then the person would be guilty of a crime of the first degree.

"Material support or resources" means: expert services or assistance with knowledge or purpose that the services or assistance will be used in preparing for or carrying out terrorism, 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, or any chemical weapon, biological agent, toxin, vector, delivery system or nuclear or radiological device for use as a weapon.

Wiretapping and electronic surveillance. The bill would amend the current wiretapping statute to include the new crimes of terrorism, producing or possessing chemical weapons, biological agents or nuclear or radiological devices, hindering the prosecution of terrorism, soliciting and providing material support for terrorism and violations of N.J.S.2C:17-2, and N.J.S.2C:17-7 through N.J.S.2C:17-9 within the list of enumerated offenses for which a wiretap or electronic surveillance may be authorized.

Statute of limitations. This bill would amend the statute of limitations provisions in the criminal code, N.J.S. 2C:1-6, to provide that a prosecution for terrorism, producing or possessing chemical weapons, biological agents or nuclear or radiological devices, hindering the prosecution of terrorism, soliciting and providing material resources for terrorism may be commenced at any time.

Conspiracy statute. This bill would amend the conspiracy statute, N.J.S.2C:5-2, to include in the definition of "leader of organized crime" those persons who provide financial or other support for the operation of a racketeering conspiracy.

Grading of attempt and conspiracy. This bill would increase the sentence for the crime of conspiracy or attempt to commit murder of five or more persons to provide that the defendant would be sentenced to a term of 30 years, during which the defendant would not be eligible for parole or to a specific term of years which would be between 30 years and life imprisonment, of which the defendant would serve not less than 30 years before being eligible for parole.

Murder statute. The bill would add to the list of aggravating factors for the death penalty statute that the murder was committed while the defendant was engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit terrorism. If the defendant is not sentenced to death for such a murder, the defendant must be sentenced to a term of life imprisonment without the possibility of parole. The bill would also add terrorism to the list of predicate crimes for felony murder.

Terroristic threats. The bill would amend the provisions of subsection a. of N.J.S.2C:12-3 to upgrade the crime of making terroristic threats from a crime of the third degree to a crime of the second degree if the crime occurs during a declared period of national, State or county emergency. The current provisions make it a crime of the third degree to threaten to commit a 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. The bill would hold the actor strictly liable and make this activity a crime of the second degree upon proof that the crime occurred, in fact, during a declared period of emergency. That the defendant did not know that there was a declared period of emergency at the time the crime occurred would not be a defense.

Damaging or tampering with nuclear electric generating plant. This bill also upgrades the penalties for a violation of the existing law against damaging a nuclear plant resulting in the release of radiation. N.J.S.2C:17-7 currently makes it a crime of the third degree to purposely or knowingly damage or tamper with any equipment at a nuclear power plant with the intent to cause or threaten a release of radiation. In light of the potential devastating consequences of such conduct, the bill would make this offense a crime of the first degree and require a term of 15 to 30 years in prison if a discretionary extended term of imprisonment is not imposed.

False public alarms. The bill would upgrade the crime of making a false public alarm in violation of N.J.S.2C:33-3 . Under present law, a person would be guilty of a crime of the third degree if that person initiates or circulates a report or warning of an impending fire, explosion, bombing, crime, catastrophe or emergency knowing that the report is false and that it is likely to cause evacuation of a building, place or facility or to cause public inconvenience. The bill would hold the actor strictly liable and upgrade this offense to a crime of the second degree upon proof that the crime occurred, in fact, during a declared period of national, State or county emergency. Under these circumstances, the bill would also make it a crime of the second degree for a person to knowingly cause such false alarm to be transmitted to any emergency personnel causing the emergency personnel to respond to the false alarm and thereby making the emergency personnel unavailable to deal with real emergencies. Furthermore, the bill would make it a crime of the second degree to place a fake bomb in addition to making the false alarm, upgrading this offense from a crime of the third degree. This offense would be a crime of the first degree if it occurred, in fact, during a declared period of national, State or county emergency. That the defendant did not know that there was a declared period of emergency at the time the crime occurred would not be a defense to any of these upgraded crimes.

In addition, the bill would make it a crime of the first degree if a person initiates a false alarm and that act results in death regardless of whether the death was foreseeable or was caused by the actions of another person or circumstances beyond the control of the defendant. The bill would also provide that any person who is convicted of initiating a false alarm under these circumstances would be liable for a civil penalty of not less than $2,000.00 or actual costs incurred by the law enforcement or emergency services personnel in responding to a false alarm, whichever is higher.

No Early Release. N.J.S.2C:43-7.2 would be amended 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.