INTRODUCED BY   Assembly Members Aanestad, Strickland, and Rod
   (Coauthors:  Assembly Members Bates, Bogh, Briggs, Bill Campbell,
John Campbell, Cogdill, Cox, Daucher, Dickerson, Harman,
Hollingsworth, La Suer, Leach, Leslie, Maddox, Maldonado, Mountjoy,
Robert Pacheco, Pescetti, Runner, Wyland, Wyman, and Zettel)
   (Coauthor: Senator Ackerman)

                        FEBRUARY 19, 2002

   An act to amend Section 11418.5 of, and to add Sections 11419.5
and 11421 to, the Penal Code, relating to terrorism, and declaring
the urgency thereof, to take effect immediately.


   AB 2110, as introduced, Aanestad.  Terrorism.
   Existing law makes it unlawful to possess, use, or threaten to use
weapons of mass destruction, as specified, and prescribes a range of
penalties for different types of violations. In particular, under
existing law, the crime of making a threat to use a weapon of mass
destruction is a misdemeanor or felony, punishable by a year in jail,
or 3, 4, or 6 years in the state prison, and a fine of not more than
   This bill would increase the punishment for violating the law
proscribing making a threat to use a weapon of mass destruction to
make it a felony, and would increase the sentence to 4, 6, or 12
years in the state prison.  It would further provide for a
consecutive sentence of 10, 15, or 25 years if the violation caused
great bodily injury to another.
   Under existing law, threats to use weapons of mass destruction are
defined to include written and electronically communicated
statements, as provided.
   This bill would expand that definition to include digital
communications, and communication by conduct.
   Restitution for victims of crime is available pursuant to existing
law to specified victims for defined losses.
   This bill would expand the restitution provisions applicable to
weapons of mass destruction crimes to include emergency response and
clean up costs, as specified.
   Under existing law, credits for time served before and after
sentencing are provided for work performance and behavior, as
   This bill would provide that the entire sentence imposed on a
violator of any of the weapons of mass destruction provisions would
have to be served, with no reduction for work performance or good
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote:  2/3.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


  SECTION 1.  Section 11418.5 of the Penal Code is amended to read:
   11418.5.  (a) Any person who knowingly threatens to use a weapon
of mass destruction, with the specific intent that  the
statement, made verbally, in writing, or by means of an electronic
communication device,   it  is to be taken as a
threat, even if there is no intent of actually carrying it out,
which, on its face and under the circumstances in which it is made,
is so unequivocal, immediate, and specific as to convey to the person
threatened, a gravity of purpose and an immediate prospect of
execution of the threat, and thereby causes that person reasonably to
be in sustained fear for his or her own safety, or for his or her
immediate family's safety, which results in an isolation, quarantine,
or decontamination effort, shall be punished by imprisonment
 in a county jail for up to one year or  in the
state prison for  3, 4, or 6   4, 6, or 12 
years,  or   and  by a fine of not more
than two hundred fifty thousand dollars ($250,000)  , or by
both that fine and imprisonment  .
   (b) For the purposes of this section, "sustained fear" can be
established by, but is not limited to, conduct such as evacuation of
any building by any occupant, evacuation of any school by any
employee or student, evacuation of any home by any resident or
occupant, or any other action taken in direct response to the threat
to use a weapon of mass destruction.
   (c)  For purposes of this section, a threat to use weapons of
mass destruction may be established by evidence of verbal, written,
or electronically or digitally communicated statements, or by
evidence of conduct alone, or by a combination of these.  A threat to
use a weapon of mass destruction includes, but is not limited to,
giving, mailing, sending, or causing to be sent any false or
facsimile weapon of mass destruction to another person, or placing,
or causing to be placed any false or facsimile weapon of mass
destruction where it may be found by another person.
   (d)  The fact that the person who allegedly violated this
section did not actually possess a biological agent, toxin, or
chemical weapon does not constitute a defense to the crime specified
in this section.  
   (e) A person who inflicts great bodily injury on any person other
than an accomplice in the commission or attempted commission of a
crime defined in this section shall, in addition and consecutive to
the punishment otherwise imposed, be punished by a term of 10, 15, or
25 years in the state prison.
   (f)  Nothing in this section shall be construed to prevent
punishment instead pursuant to any other provision of law that
imposes a greater or more severe punishment.
  SEC. 2.  Section 11419.5 is added to the Penal Code, to read:
   11419.5.  Every violator of this article, in addition to being
ordered to comply with all other applicable restitution requirements
and fine and fee provisions, shall also be ordered to pay full
restitution to each of the following:
   (a) Any person, corporation, business trust, estate, trust,
partnership, association, joint venture, government, governmental
subdivision, agency or instrumentality, or any other legal or
commercial entity for any clean up costs and any property damage
suffered due to the violation directly, or stemming from any
emergency response to the incident or its aftermath.
   (b) Any public or private entity incurring any costs for actual
emergency response, for all costs of that response and any clean up
costs, including any overtime paid to uninvolved personnel made
necessary by the allocation of resources to the emergency response
and clean up.
  SEC. 3.  Section 11421 is added to the Penal Code, to read:
   11421.  Notwithstanding Section 2933, 2933.1, 4019, or any other
provision of law, there shall be no good behavior or worktime
reduction on either sentenced or presentenced credits for any crime
or enhancement provided for in this article.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
  SEC. 5.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   To properly investigate and prosecute terrorism, which poses an
immediate and ongoing threat to the safety of this state and its
citizens, it is necessary that this act go into immediate effect.