(SB 19)
Terrorist threat, communicating the threat made a crime.
Section
1.
Any person who intentionally communicates a threat by leaving a substance or
device, thereby causing either serious public inconvenience, or the evacuation or serious disruption
of a building, place of assembly, facility of public or school transport, or a school related event, is
guilty of communicating a terroristic threat. For the purposes of this section, a substance or device
includes, but is not limited to, an actual or apparent dangerous weapon, destructive device,
dangerous chemical, biological agent, poison, or harmful radioactive substance. A violation of this
section is a Class 4 felony.
Section
2.
Any person who intentionally possesses, transports, uses, or places any hoax
substance or hoax destructive device with the intent of causing anxiety, unrest, fear, or personal
discomfort is guilty of a Class 5 felony. A hoax substance is any substance that would cause a
person to reasonably believe that it is a dangerous chemical or biological agent, a poison, a harmful
radioactive substance, or a similar substance. A hoax destructive device is any device that would
cause a person to reasonably believe that it is a dangerous explosive or incendiary device or a
similar destructive device.
Section
3.
The court may, after conviction or adjudication of any violation of this Act, conduct
a hearing to ascertain the extent of costs incurred, damages and financial loss suffered by local,
county, or state public safety agencies, and the amount of property damage caused as a result of
the crime. A person found guilty of violating this Act may upon conviction, be ordered to make
restitution to the local, county, or state public service agency for any cost incurred, damages and
financial loss or property damage sustained as a result of the commission of the crime.
Section
4.
That
§
22-14A-22
be amended to read as follows:
22-14A-22.
Any person who makes a false report, with intent to deceive, mislead, or otherwise
misinform any person, concerning the placing or planting of any bomb, dynamite, explosive,
or
destructive device,
dangerous chemical, biological agent, poison or harmful radioactive substance,
is guilty of falsely reporting a
bomb
threat
. Falsely reporting a
bomb
threat
is a Class 6 felony. Any
person found guilty of falsely reporting a
bomb
threat
shall pay restitution for any expense incurred
as a result of the crime. The person is also civilly liable for any injury to person or property from
the false report and any costs related to responding to the false report. If the person making the
false report prohibited by this section is a minor, the court, in addition to such other disposition as
the court may impose, shall require the minor to perform at least fifty hours of public service unless
tried as an adult.
Section
5.
The provisions of this Act may not be construed to create any cause of action against
any person based upon or arising out of any act or omission relating to any good faith response to
a terrorist act or an attempted terrorist act.