HB2837 H VA AM 2-15 #1
The Committee on Veterans Affairs and Homeland Security moves
to amend the bill on page one, following the enacting clause, by
striking the remainder of the bill and inserting in lieu thereof
the following:
"That §61-6-24 of the Code of West Virginia, 1931, as amended,
be amended and reenacted, to read as follows:
CHAPTER 61. CRIMES AND THEIR PUNISHMENTS.
ARTICLE 6. CRIMES AGAINST THE PEACE.
§61-6-24. Terrorist acts, threats of terrorist acts, conveying
false information concerning terrorist acts and
committing terrorist hoaxes prohibited; penalties.
(a) As used in this section:
(1) "Economic harm" means all direct, incidental and
consequential pecuniary harm suffered by a victim as a result of
criminal conduct. Economic harm includes, but is not limited to,
the following:
(A) All wages, salaries or other compensation lost as a result
of the criminal conduct;
(B) The cost of all wages, salaries or other compensation paid
to employees for time those employees are prevented from working as
a result of the criminal conduct;
(C) The cost of all wages, salaries or other compensation paid
to employees for time those employees spent in reacting to the
results of the criminal conduct; or
(D) The overhead costs incurred for the time that a business
is shut down as a result of the criminal conduct.
(2) "Financial support" means providing any currency,
negotiable instrument, security, or employment to any person or
persons engaged in the planning or execution of any terrorist
activity when the person, persons, or organization providing the
currency, negotiable instrument, security, or employment knows or
reasonably should have known that the person or persons to whom he
or she is providing such support is engaged in any terrorist
activity or conspiracy to commit any terrorist activity.
(3) "Logistical support" means providing, manufacturing, or
obtaining any material thing that is used, will be used, or is
intended to be used in support of a terrorist activity when the
person, persons, or organization providing the logistical support
knows or reasonably should have known that the person or persons to
whom they are providing such logistical support is engaged in any
terrorist activity or conspiracy to commit any terrorist activity.
Logistical support includes, but is not limited to, providing
telecommunications equipment, electronics, explosives, materials
which are manufactured into explosives or other explosive devices,
conveyances, common carrier tickets, shelter or residence, food,
clothing, or education.
(2) (4) "Hoax substance or device" means any substance or
device that is shaped, sized, colored, marked, imprinted,
numbered, labeled, packaged, distributed, priced or delivered so as to cause a reasonable person to believe that the
substance or device is of a nature which is capable of causing
serious bodily injury or damage to property or the
environment.
(3) (5) "Terrorist act" means an act that is:
(A) Likely to result in serious bodily injury or damage to
property or the environment; and
(B) Intended to:
(i) Intimidate or coerce the civilian population;
(ii) Influence the policy of a branch or level of government
by intimidation or coercion;
(iii) Affect the conduct of a branch or level of government by
intimidation or coercion; or
(iv) Retaliate against a branch or level of government for a
policy or conduct of the government.
(b) Any person who knowingly and willfully threatens to commit
a terrorist act, without the intent to commit the act, is guilty of
a felony and, upon conviction thereof, shall be fined not less than
five thousand dollars nor more than twenty-five thousand dollars or
confined in a state correctional facility for not less than one
year nor more than three years, or both.
(c) Any person who knowingly and willfully conveys false
information knowing the information to be false concerning an
attempt or alleged attempt being made or to be made of a terrorist
act is guilty of a felony and, upon conviction thereof, shall be fined not less than five thousand dollars nor more than twenty-five
thousand dollars or confined in a state correctional facility for
not less than one year nor more than three years, or both.
(d) Any person who uses a hoax substance or device with the
specific intent to commit a terrorist act is guilty of a felony
and, upon conviction thereof, shall be fined not less than ten
thousand dollars nor more than fifty thousand dollars or confined
in a state correctional facility for not less than one year nor
more than five years, or both.
(e) The court shall order any person convicted of an offense
under (b), (c) or (d) of
this section to pay the victim restitution
in an amount not to exceed the total amount of any economic harm
suffered.
(f) The court shall order any person convicted of an offense
under (b), (c) or (d) of
this section to reimburse the state or any
subdivision of the state for any expenses incurred by the state or
the subdivision incident to its response to a violation of this
section.
(g) Any person who knowingly and willfully commits a terrorist
act, with the intent to commit the act, resulting in the injury or
death of any person and/or resulting in damage to property or the
environment is guilty of a felony and, upon conviction thereof,
shall be confined in a state correctional facility for not less
than five years, nor more than life.
(h) Any person who knowingly and willfully aids, counsels, procures, persuades, incites, entices or solicits any other person
or persons to commit any act prohibited by this section is guilty
of a felony and, upon conviction thereof, shall be imprisoned in a
state correctional facility for not less than five nor more than
fifteen years.
(i) Any items or property as described in section seven
hundred three of article seven, chapter sixty-a of this code which
have been manufactured, purchased, held, used, possessed, or
intended to be used in the violation of this section are subject to
forfeiture and the procedures for seizure and forfeiture of
property shall be conducted in accordance with the provisions of
article seven, chapter sixty-a of this code.
(g) (j) The conviction of any person under the provisions of
this section does not preclude or otherwise limit any civil
proceedings arising from the same act.
(k) The acts prohibited by this section are separate and
distinct from any other act prohibited by this code and may be
prosecuted accordingly."