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WEST virginia legislature
2023 regular session
Introduced
House Bill 2916
By Delegates Ridenour, Longanacre, Steele, Butler, Hillenbrand, Honaker, Sheedy, Cooper, Mazzocchi, and Warner
[Introduced January 23, 2023; Referred to the Committee on Veterans' Affairs and Homeland Security then the Judiciary]
A BILL to amend and reenact §61-6-24 of the Code of West Virginia, 1931, as amended, relating to modifying the definitions of terrorism, terrorist acts, terrorist use of weapons of mass destruction, terrorist violent mass action, terroristic vandalism, terrorist "swatting," and material support to terrorism; to prohibit barring persons from exercising freedom of movement; eliminating liability for escape by victims from terrorism; prohibiting entry of terrorists into the state of West Virginia; and to direct the general identification of terrorist groups.
Be it enacted by the Legislature of West Virginia:
(a) The Legislature finds that terrorism poses an increased threat to good governance and the ability of groups to exist without fear. Terrorism must be eradicated to the greatest extent possible, and terrorists must be prevented from operating in West Virginia.
(a) (b) 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) "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) "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
(3) "Terrorism" means the unlawful use or threatened use of physical force, violence, or acts dangerous to life in order to inculcate fear and appear intended to coerce, intimidate, retaliate against or attack groups, governments, or societies to influence or affect the policies of those entities by perpetrators in the pursuit of goals that are generally political, religious, or ideological.
(4) "Terrorist act" means an act of terrorism, including active participation in a violent mass action.
(5) "Terrorist violent mass action" means a violent mass action event, including violent protests, riots and mobs, conducted to inculcate fear and appear intended to coerce, intimidate or attack groups, governments, or societies.
(6) "Terrorist group" means any entity that uses terrorism to advance its agenda.
(7) "Terrorist" means any person who uses terrorism to advance a cause.
(8) "Critical infrastructure" means publicly or privately owned facilities, systems, functions, or assets, whether physical or virtual, providing or distributing services for the benefit of the public, including, but not limited to, energy, fuel, water, agriculture, health care, finance, or communication.
(9) "Weapon of mass destruction" means chemical warfare agents, weaponized biological or biologic warfare agents, nuclear weapons, radiological weapons and agents, illegal drugs, such as fentanyl, that can result in death, or the intentional release of industrial agents as a weapon.
(10) "Terroristic vandalism" are acts resulting in permanent destruction of property as a means to coerce, intimidate or attack targeted groups, governments, or societies.
(11) "Terrorist swatting" means unlawfully deliberately and maliciously reporting or contriving a false crime or emergency to law enforcement to evoke an aggressive response by a law enforcement agency to a targeted location to harass and intimidate a person, persons or entity. Swatting is a terrorist act if the action meets the definition of terrorism above.
(12) "Material support to terrorism" means provision of material support or resources; or concealment or disguise of the nature, location, source, or ownership of material support or resources; knowing or intending that they are to be used in preparation for or in carrying out terrorism.
(13) A "material support or resources" means any property, tangible or intangible, or service, including:
(A) Solicitation for a terrorist act;
(B) Currency or monetary instruments or financial securities;
(C) Financial services,
(D) Lodging,
(E) Training,
(F) Expert advice or assistance, including direction, supervision, planning or support to planning terrorism;
(G) Providing means of escape for terrorist entities, including harboring, concealment, safehouses, or false documentation or identification;
(H) Communications equipment;
(I) Facilities;
(J) Weapons or items that may be used as weapons to inflict lethal or serious bodily injuries, or lethal substances, or explosives;
(K) Personnel (1 or more persons who may be or include oneself); and
(L) Transportation;
(M) "Training" means instruction or teaching designed to impart a specific skill, as opposed to general knowledge; and
(N) "Expert advice or assistance" means advice or assistance derived from scientific, technical or other specialized knowledge.
(b) Any person who knowingly and willfully threatens to commit a terrorist act, with or without the intent to commit the act, is guilty of a felony and, upon conviction thereof, shall be fined not less than $5,000 $100,000 nor more than $25,000 $2,500,000 or confined in a state correctional facility for not less than one year three years nor more than three years 10 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 $5,000 $100,000 nor more than $25,000 $2,500,000 or confined in a state correctional facility for not less than one year three years nor more than three years 10 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 $10,000 $100,000 nor more than $50,000 $2,500,000 or confined in a state correctional facility for not less than one year three years nor more than five 10 years, or both.
(e) The court shall order any person convicted of an offense under this section to pay the victim restitution in an amount not to exceed three times the total amount of any economic harm suffered.
(f) The court shall order any person convicted of an offense under 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) 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.
(h) Any person who knowingly and willfully commits a terrorist act or is a member of a terrorist group is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for three years for each instance of terrorism or membership in a terrorist group, 10 additional years for each instance resulting in any injury or property damage, 20 additional years for each instance resulting in any injury to a law enforcement officer.
(i) Any person who actively participates in violent actions as part of a terrorist act in which another person is killed as a result of the terrorist act will be charged with at least voluntary manslaughter and terrorism. If the person killed died as a direct result of a perpetrator’s actions, that perpetrator will be charged with at least first degree murder and terrorism.
(j) Any person or group that participates in a terrorist violent mass action is engaged in terrorism and will be identified as a terrorist/terrorist group and will be punished in accordance with the above.
(k) Any person or group that conducts a deliberate attack on critical infrastructure is engaged in terrorism and will be identified as a terrorist/terrorist group and will be punished in accordance with the above.
(l) Any person or group that uses a weapon of mass destruction in an attack or distributes a weapon of mass destruction that results in an injury or death is engaged in terrorism and will be identified as a terrorist/terrorist group and will be punished in accordance with the above.
(m) Any person or group that uses terroristic vandalism is engaged in terrorism and will be identified as a terrorist/terrorist group and will be punished in accordance with the above.
(n) Any person or group that uses terrorist swatting is engaged in terrorism and will be identified as a terrorist/terrorist group and will be punished in accordance with the above.
(o) Any person or group that provides material support to terrorism is engaged in terrorism and will be identified as a terrorist/terrorist group and will be punished in accordance with the above.
(p) Actions by persons or groups taken for political reasons to bar other persons from exercising their freedom of movement, via foot or any other conveyance, are unlawful restraint, kidnapping and terrorism. Persons perpetrating these actions will be charged in each instance with all three crimes for each person unlawfully restrained and will be punished in accordance with the above.
(q) Persons who attempt to escape from unlawful restraint, kidnapping and/or terrorism are not liable or culpable for actions that may injure perpetrators or supporters of perpetrators of that unlawful restraint, kidnapping and/or terrorism.
(r) Any person or group who prevents or obstructs by means of force, deception, concealment or intimidation anyone from performing an act that might aid in the discovery, apprehension, prosecution or conviction of any person or that might aid in the prevention of a terrorist act is providing material support to terrorism and will be punished in accordance with the above.
(s) Any person or group who suppress by any act of concealment, alteration or destruction any physical evidence that might aid in the discovery, apprehension, prosecution or conviction of any person or that might aid in the prevention of a terrorist act is providing material support to terrorism and will be punished in accordance with the above.
(t) Any person or group who intentionally disseminates or spreads any type of contagious, communicable, or infectious disease among crops, poultry, livestock, or other animals is engaged in terrorism and will be identified as a terrorist/terrorist group and will be punished in accordance with the above.
(u) Any person or group who conducts a terrorist act against a West Virginia citizen will be charged with terrorism under this statute, provided the state in which the terrorist act occurred or the federal government does not try the person for terrorism.
(v) Any person who has conducted a terrorist act is a terrorist. Terrorists may not enter West Virginia, irrespective of the location where the terrorist act occurred, and whether that terrorist act has been prosecuted and the person has been sentenced. Any terrorist who enters West Virginia is engaged in terrorism and will be punished in accordance with the above.
(w) The court shall order any person convicted of an offense under this section to pay all victims restitution in an amount not to exceed three times the total amount of any economic harm suffered.
(x) The court shall order any person convicted of an offense under 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 article.
(y) The charge of terrorism will be in addition to any other charges resulting from the terrorist act. Sentences for terrorism will not run concurrently with any other state or federal sentence for another charge. Any sentence will be served after other sentences have been served. A charge will be rendered for each terrorist act. Multiple terrorist acts can be prosecuted for a single incident.
(z) Sentences for terrorism are mandatory, and are not subject to suspension, alternative sentencing, or probation.
(aa) The Attorney General will identify terrorist entities under West Virginia Code. International terrorist groups will be identified, as well as domestic terrorist groups, specifically including the entity known as ANTIFA. Any member or associate of these groups is engaged in terrorism and will be identified as a terrorist and will be punished in accordance with the above.
(bb) Scope and severability:
(1) Nothing in this article may be construed or applied in a manner that violates or conflicts with superseding federal law.
(2) The sections and provisions of this article are severable. If any section or provision of this article is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect the other sections and provisions of this article, which shall remain in full force and effect.
NOTE: The purpose of this bill is to modify the definitions of terrorism, terrorist acts, terrorist use of weapons of mass destruction, terrorist violent mass action, terroristic vandalism, terrorist "swatting," and material support to terrorism, and to prohibit barring persons from exercising freedom of movement, eliminate liability for escape by victims from terrorism, prohibit entry of terrorists into the state of West Virginia, and the direct general identification of terrorist groups.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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