CHAPTER 634
S.P. 801 - L.D. 2160
An Act to Amend the Maine Criminal Code to Address Terrorism
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §101-B, sub-§4, ¶A, as amended by PL 2001, c. 354, §3 and c. 471, Pt. D, §15, is further amended to read:
A. Commit the defendant to the custody of the Commissioner of Behavioral and Developmental Services to be placed in an appropriate institution for the mentally ill or the mentally retarded for observation, care and treatment. At the end of 30 days or sooner, and again in the event of recommitment, at the end of 60 days and one year, the State Forensic Service shall forward a report to the Commissioner of Behavioral and Developmental Services relative to the defendant's competence to stand trial and its reasons therefor. The commissioner shall without delay file the report with the court having jurisdiction of the case. The court shall without delay set a date for and hold a hearing on the question of the defendant's competence to stand trial and receive all relevant testimony bearing on the question. If the court determines that the defendant is not competent to stand trial, but there does exist a substantial probability that the defendant will be competent to stand trial in the foreseeable future, it shall recommit the defendant to the custody of the Commissioner of Behavioral and Developmental Services to be placed in an appropriate institution for the mentally ill or the mentally retarded for observation, care and treatment. If the defendant is charged with an offense under Title 17-A, chapter 9, 11 or 13 or Title 17-A, section 506-A, 802 or 803 803-A, and the court determines that the defendant is not competent to stand trial and there does not exist a substantial probability that the defendant can be competent in the foreseeable future, the court shall dismiss all charges against the defendant and order the Commissioner of Behavioral and Developmental Services to commence involuntary commitment proceedings pursuant to Title 34-B, chapter 3, subchapter IV or chapter 5, subchapter III. If the defendant is charged with offenses not listed in the previous sentence, and the court determines that the defendant is not competent to stand trial and there does not exist a substantial probability that the defendant can be competent in the foreseeable future, the court shall dismiss all charges against the defendant and notify the appropriate authorities who may institute civil commitment procedures for the individual; or
Sec. 2. 17-A MRSA §2, sub-§§6-A, 21-A to 21-C and 25 are enacted to read:
6-A. "Critical infrastructure" means critical public or private infrastructure resource systems involved in providing services necessary to ensure or protect the public health, safety and welfare, including, but not limited to, a public water system or a public water source; an emergency, governmental, medical, fire or law enforcement response system; a public utility system; a financial system; an educational system; or a food or clothing distribution system.
21-A. "Public utility system" includes any pipeline, gas, electric, steam, water, oil, transportation, sanitation, communication or other system operated for public use regardless of ownership.
21-B. "Public water source" has the same meaning as in Title 22, section 2641.
21-C. ""Public water system" has the same meaning as in Title 22, section 2601, subsection 8.
25. "Terroristic intent" means the intent to do any of the following for the purpose of intimidating or coercing a civilian population or to affect the conduct of government:
A. Cause serious bodily injury or death to multiple persons;
B. Cause substantial damage to multiple structures; or
C. Cause substantial damage to critical infrastructure.
Sec. 3. 17-A MRSA §208-B, sub-§1, as enacted by PL 1997, c. 461, §1, is amended to read:
1. A person is guilty of elevated aggravated assault if that person:
A. Intentionally or knowingly causes serious bodily injury to another person with the use of a dangerous weapon; or
B. Engages in conduct that manifests a depraved indifference to the value of human life and that in fact causes serious bodily injury to another person with the use of a dangerous weapon.; or
C. With terroristic intent engages in conduct that in fact causes serious bodily injury to another person.
Sec. 4. 17-A MRSA §213 is enacted to read:
§213. Aggravated reckless conduct
1. A person is guilty of aggravated reckless conduct if the person with terroristic intent engages in conduct that in fact creates a substantial risk of serious bodily injury to another person.
2. Aggravated reckless conduct is a Class B crime.
Sec. 5. 17-A MRSA §803, as amended by PL 1987, c. 361, §1, is repealed.
Sec. 6. 17-A MRSA §803-A is enacted to read:
1. A person is guilty of causing a catastrophe if the person recklessly causes a catastrophe by explosion, fire, flood, avalanche, collapse of a structure, release or dissemination of poison, toxin, radioactive material, bacteria, virus or other biological agent or vector or other such force or substance that is dangerous to human life and difficult to confine.
2. A person is guilty of causing a catastrophe if the person with terroristic intent violates subsection 1.
3. As used in this section, the following definitions apply.
A. "Biological agent" means any microorganism, virus, infectious substance, product of biotechnology or component of any such agent, either naturally occurring or bioengineered.
B. "Catastrophe" means:
(1) For purposes of subsection 1, death or serious bodily injury to 10 or more persons or substantial damage to 5 or more structures, whether or not occupied; and
(2) For purposes of subsection 2, death or serious bodily injury to more than one person, substantial damage to 3 or more structures, whether or not occupied, or substantial physical damage sufficient to disrupt the normal functioning of a critical infrastructure.
C. "Poison" means toxic or poisonous chemicals or precursors of toxic or poisonous chemicals.
D. "Toxin" means the toxic material of plants, animals, microorganisms, viruses, fungi or infectious substances or a recombinant molecule, whatever its origin or method of production, including:
(1) Any poisonous substance or biological product of biotechnology produced by a living organism; or
(2) Any poisonous isomer or biological product, homolog or derivative of such a substance.
E. "Vector" means a living organism or molecule, including a recombinant molecule or any biological product of biotechnology, capable of carrying a biological agent or toxin to a host.
4. Causing a catastrophe is a Class A crime.
Effective July 25, 2002, unless otherwise indicated.
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