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