Text: S05055                            Text: S05057
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Senate Amendment 5056

Amendment Text

PAG LIN
  1  1    Amend Senate File 2146 as follows:
  1  2    #1.  Page 1, by striking lines 1 through 13, and
  1  3 inserting the following:  
  1  4                       "DIVISION I
  1  5    Sec.    .  Section 707.2, Code 2001, is amended by
  1  6 adding the following new subsection:
  1  7    NEW SUBSECTION.  6.  The person kills another
  1  8 person while participating in an act of terrorism as
  1  9 defined in section 708A.1.
  1 10    Sec.    .  NEW SECTION.  708A.1  DEFINITIONS.
  1 11    For purposes of this chapter:
  1 12    1.  "Material support or resources" means assisting
  1 13 or providing money, financial securities, financial
  1 14 services, lodging, training, safe houses, false
  1 15 documentation or identification, communication
  1 16 equipment, facilities, weapons, lethal substances,
  1 17 explosives, personnel, transportation, and other
  1 18 physical assets, except medicine or religious
  1 19 materials.
  1 20    2.  "Renders criminal assistance" means a person
  1 21 who, with intent to prevent the apprehension or
  1 22 obstruct the prosecution or defense of any person,
  1 23 knowingly does any of the following acts:
  1 24    a.  Destroys, alters, conceals, or disguises
  1 25 physical evidence which would be admissible in the
  1 26 trial of another for a public offense, or makes
  1 27 available false evidence or furnishes false
  1 28 information with the intent that it be used in the
  1 29 trial of that case.
  1 30    b.  Induces a witness having knowledge material to
  1 31 the subject at issue to leave the state or hide, or to
  1 32 fail to appear when subpoenaed.
  1 33    c.  Provides concealment or warns of impending
  1 34 apprehension to any person being sought for the
  1 35 subject at issue.
  1 36    d.  Provides a weapon, disguise, transportation, or
  1 37 money to any person being sought for the subject at
  1 38 issue.
  1 39    e.  Prevents or obstructs, by means of force,
  1 40 intimidation, or deception, another person from
  1 41 performing an act which might aid in the apprehension
  1 42 or prosecution or defense of any person.
  1 43    f.  Profits or provides aid to any person who
  1 44 profits from an advantage derived from the commission
  1 45 of a public offense.
  1 46    3.  "Terrorism" means an act intended to intimidate
  1 47 or coerce a civilian population, or to influence the
  1 48 policy of a unit of government by intimidation or
  1 49 coercion, by shooting, throwing, launching,
  1 50 discharging, or otherwise using a dangerous weapon at,
  2  1 into, or in a building, vehicle, airplane, railroad
  2  2 engine, railroad car, or boat, occupied by another
  2  3 person, or within an assembly of people.
  2  4    Sec.    .  NEW SECTION.  708A.2  VALUE FOR PURPOSES
  2  5 OF MATERIAL SUPPORT AND RESOURCES.
  2  6    The value of property or services is its highest
  2  7 value by any reasonable standard at the time the
  2  8 material support or resources is given.  Any
  2  9 reasonable standard includes but is not limited to
  2 10 market value within the community, actual value, or
  2 11 replacement value.
  2 12    If credit, property, or services are obtained by
  2 13 two or more acts from the same person or location, or
  2 14 from different persons by two or more acts which occur
  2 15 in approximately the same location or time period so
  2 16 that the material support or resources are
  2 17 attributable to a single scheme, plan, or conspiracy,
  2 18 the acts may be considered as a single act of support
  2 19 or resources and the value may be the total value of
  2 20 all credit, property, and services involved.
  2 21    Sec.    .  NEW SECTION.  708A.3  SOLICITING OR
  2 22 PROVIDING MATERIAL SUPPORT OR RESOURCES FOR TERRORISM.
  2 23    1.  A person who provides material support or
  2 24 resources to a person who commits or attempts to
  2 25 commit terrorism and the value of the material support
  2 26 or resources is in excess of one thousand dollars
  2 27 commits a class "B" felony.
  2 28    2.  A person who provides material support or
  2 29 resources to a person who commits or attempts to
  2 30 commit terrorism and the value of the material support
  2 31 or resources does not exceed one thousand dollars
  2 32 commits a class "C" felony.
  2 33    Sec.    .  NEW SECTION.  708A.4  THREAT OF
  2 34 TERRORISM.
  2 35    A person who threatens to commit terrorism or
  2 36 threatens to cause terrorism to be committed and who
  2 37 causes a reasonable expectation or fear of the
  2 38 imminent commission of such an act of terrorism
  2 39 commits a class "D" felony.
  2 40    Sec.    .  NEW SECTION.  708A.5  OBSTRUCTION OF
  2 41 TERRORISM PROSECUTION.
  2 42    1.  A person who renders criminal assistance to
  2 43 another person who commits terrorism that results in
  2 44 the murder of a third person while knowing that the
  2 45 other person was engaged in terrorism commits a class
  2 46 "B" felony.
  2 47    2.  A person who renders criminal assistance to
  2 48 another person who commits terrorism while knowing
  2 49 that the other person was engaged in an act of
  2 50 terrorism commits a class "C" felony."
  3  1    #2.  Page 1, by inserting before line 14, the
  3  2 following:  "DIVISION II".
  3  3    #3.  Title page, line 1, by striking the words "a
  3  4 criminal offense for an act" and inserting the
  3  5 following:  "criminal offenses for acts".  
  3  6 
  3  7 
  3  8                               
  3  9 O. GENE MADDOX
  3 10 SF 2146.501 79
  3 11 jm/pj
     

Text: S05055                            Text: S05057
Text: S05000 - S05099                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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