BILL ANALYSIS AB 140 Page 1 ASSEMBLY THIRD READING AB 140 (Hertzberg) As Amended April 21, 1999 Majority vote PUBLIC SAFETY 8-0 APPROPRIATIONS 21-0 ----------------------------------------------------------------- |Ayes:|Honda, Cunneen, Battin, |Ayes:|Migden, Brewer, Ashburn, | | |Cedillo, | |Battin, Cedillo, Davis, | | |Keeley, Oller, Romero, | |Pescetti, Hertzberg, | | |Washington | |Kuehl, Maldonado, Papan, | | | | |Romero, Runner, Shelley, | | | | |Steinberg, Thomson, | | | | |Wesson, Wiggins, Wright, | | | | |Zettel, Aroner | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Makes illegal the possession, use, manufacture, threat to use or attempt to use weapons of mass destruction or delivery systems for the same. Specifically, this bill : 1)Defines "weapon of mass destruction" (WMD) to include chemical warfare agents, biological warfare agents, nuclear agents, radiological agents, or the intentional release of industrial agents as a weapon. Defines each category of weapons (excludes universities, research institutions, individuals, or hospitals registered with the Centers for Disease Control and Prevention utilizing the following substances for prophylactic, protective or peaceful purposes): a) Chemical agents include Tabun, Sarin, Soman, Choking Agents, Phosgene and Diphosgene, Blood Agents, Hydrogen Cyanide, Cyanogen Chloride, Arsine, and Blister Agents; b) Biological agents include pathogens such as: i) bacteria or viruses; or, ii) infectious substances capable of damaging the environment, food, water, or equipment supplies, or causing disease, death or biological malfunction in humans, plants or living organisms; c) Nuclear or radiological agents include any improvised nuclear device (IND), radiological dispersal device (RDD), or any simple radiological dispersal device (SRDD); and, AB 140 Page 2 d) Intentional release of industrial agents is use of a WMD if committed with intent to harm and the use of such risks death, illness or serious injury, or endangers environment. 2)Provides that any person, without lawful authority, who possesses, develops, manufactures, produces, transfers, acquires, or retains any WMD, or a delivery system enabling its use, is guilty of a felony punishable in state prison for 8, 10, or 12 years. Further provides that the penalties are 16, 20, or 24 years in state prison if the defendant has been previously convicted of: a) Terrorizing an owner of property; b) Threatening harm to cause another to refrain from religious practices; c) Exploding or attempting to explode a destructive device or explosive in specified locations with the intent to terrorize; d) Paramilitary organizations practicing with weapons, or training another in explosives or destructive devices; e) Placing an explosive or destructive device on a vehicle; f) Possessing an explosive or destructive device on a street or near a public building; or, g) Possessing, exploding or attempting to explode a destructive device or explosive with intent to injure, intimidate, or terrify. 3)Provides that a person who uses a WMD against another person shall be punished by life in prison. 4)Provides that a person who uses a WMD against the water or food supply shall be punished by life in prison. 5)Provides that a person who maliciously uses a WMD against animals or harms the environment shall be fined $100,000 or imprisoned for 4, 8, or 12 years, or both. AB 140 Page 3 6)Provides that a person who knowingly threatens to use, attempts to develop, or uses a WMD or radiological weapon, or who uses recombinant technology to create new or more virulent pathogens, shall be fined $250,000 or imprisoned 4, 8, or 12 years, or both. 7)Provides that a person or entity possessing any restricted biological agents shall be fined $250,000 or imprisoned for 4, 8 or 12 years, or both. 8)Further provides definitions of "restricted biological agents." 9)Further provides that this bill does not apply to physicians, veterinarians, pharmacists, or universities, research institutions, pharmaceutical corporations, or individuals lawfully possessing these agents. FISCAL EFFECT : According to the Assembly Appropriations Committee analysis, unknown costs for increased state incarceration. If, however, two persons per year are sentenced under this act and receive an eight-year term, annual costs within 10 years would be about $330,000. To the extent offenders receive life sentences, out-year costs would be considerably greater. COMMENTS : According to the author, "All terrorism statutes are currently filed at the federal level. This bill seeks to bring similar counter terrorism statutes to the state level." Please see the policy committee analysis for a more comprehensive discussion of this bill. Analysis Prepared by : Harry M. Dorfman / PUB. S. / (916) 319-3744 FN: 0001056