Sec. 6. 17-A MRSA §803, sub-§2, as amended by PL 1987, c. 361, §1, is repealed and the following enacted in its place:

2.__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 death or serious bodily injury to 10 or more human beings or substantial damage to 5 or more structures.

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.

Sec. 7. 17-A MRSA c. 44 is enacted to read:

CHAPTER 44

TERRORISM

§1071.__Definitions

As used in this chapter, unless a different meaning is plainly required by the context, the following terms have the following meanings.

1.__"Biological agent" means any microorganism, virus, infectious substance, product of biotechnology or component of any such agent, either naturally occurring or bioengineered, capable of causing:

A.__Death, disease or other biological malfunction in a human being, an animal, a plant or another living organism;

B.__Deterioration or contamination of food, water, equipment, supplies or material of any kind; or

C.__Deleterious alteration of the environment.

2.__"Chemical agent" means any weapon, device, material or substance that is designed or intended to cause widespread death or serious bodily injury through the release, dissemination or impact of toxic or poisonous chemicals or precursors of toxic or poisonous chemicals.

3.__"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.

4.__"Destructive device" has the meaning set forth in 18 United States Code, Section 921, subsection (a), paragraph (4).

5.__"Imitation weapon of mass destruction" means any device or substance that is not a weapon of mass destruction but which by appearance or representation would lead a reasonable person to believe that the device or substance is a weapon of mass destruction.

6.__"Public utility system" includes any pipeline, gas, electric, steam, water, oil, transportation, sanitation, communication or other system operated for public use regardless of ownership.

7.__"Public water source" has the same meaning as in Title 22, section 2641.

8.__"Public water system" has the same meaning as in Title 22, section 2601, subsection 8.

9.__"Radioactive material" means any material containing or emitting or otherwise releasing radiation or radioactivity at a level dangerous to human life.

10.__"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.__To use a weapon of mass destruction;

B.__To cause serious bodily injury or death to multiple human beings;

C.__To cause substantial damage to multiple structures; or

D.__To cause substantial damage to critical infrastructure.

11.__"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:

A.__Any poisonous substance or biological product of biotechnology produced by a living organism; or

B.__Any poisonous isomer or biological product, homolog or derivative of such a substance.

12.__"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.

13.__"Weapon of mass destruction" means any device, object or substance that is designed or that is intended by a person to cause death or serious bodily injury to multiple human beings.__ "Weapon of mass destruction" includes, but is not limited to, any destructive device and any release, dissemination or impact involving a biological agent, a chemical agent, toxin, vector or radioactive material.

§1072.__Terrorism

1.__A person is guilty of terrorism if the person with terroristic intent engages in conduct that in fact causes:

A.__Serious bodily injury to another human being;

B.__Substantial risk of serious bodily injury or death to another human being;

C.__Substantial damage to 3 or more structures, whether or not occupied; or

D.__Substantial physical damage sufficient to disrupt the normal functioning of a critical infrastructure.

2.__If terroristic acts take place in more than one venue that are connected or that constitute part of a common scheme or plan, prosecution may be brought in any one of them.

3.__Terrorism is a Class A crime.

§1073.__Terroristic murder

1.__A person is guilty of terroristic murder if the person with terroristic intent engages in conduct that in fact causes the death of another human being.

2.__For purposes of subsection 1, when the crime of terroristic murder is charged, the crime of criminally negligent manslaughter is deemed to be charged.

3.__Notwithstanding section 1251, a person convicted of the crime of terroristic murder must be sentenced to imprisonment for life and committed to the Department of Corrections unless the court, in employing the first and 2nd steps of the sentencing process, determines that exceptional features of the case justify instead the imposition of a definite period of imprisonment for any term of years that is not less than 25.__If such a determination is made, the court shall specify the length of the sentence to be served and commit the person to the Department of Corrections.

4.__For purposes of this section, the phrase "causes the death of another human being" extends to the death of any emergency service personnel or a member of the civilian population responding to render aid in response to an act of terrorism under section 1072 or an act of terroristic murder under this section.

§1074.__Criminal possession or use of weapon of mass destruction

1.__A person is guilty of criminal possession or use of a weapon of mass destruction if the person with terroristic intent possesses, uses, trafficks, furnishes, imports, transports,

sends, stores, spills, disposes of or otherwise releases a weapon of mass destruction.

2.__As used in this section the following definitions apply.

A.__"Furnishes" means to furnish, give, deliver or otherwise transfer to another.

B.__"Trafficks" means:

(1)__To make, create or manufacture;

(2)__To grow or cultivate; or

(3)__To sell, barter, trade, exchange or otherwise furnish for consideration.

3.__Criminal possession or use of a weapon of mass destruction is a Class A crime.

§1075.__Terrorism by threat

1.__A person is guilty of terrorism by threat if for the purpose of intimidating or coercing a civilian population or to affect the conduct of government the person knowingly threatens to commit, or falsely claims to have committed, a violation of section 1072 or 1073 or engages in conduct that would cause a reasonable person to believe that a violation of section 1072 or 1073 has been committed or will be committed, including placement of an imitation weapon of mass destruction in an area open to or frequented by the public or in a public utility system.

2.__It is no defense to a prosecution under this section that the person did not have the capability of committing the terroristic act.

3.__Terrorism by threat is a Class B crime.

SUMMARY

This bill makes the following changes to the Maine Criminal Code to address terrorism.

1. It amends the statute of limitations as it relates to crimes involving terrorism.

2. It provides that a person is guilty of aggravated attempted murder if that person commits attempted murder and, at

the time of that person's actions, the person's intent to kill was accompanied by terroristic intent.

3. It amends the laws governing the crime of causing a catastrophe.

4. It establishes the crimes of terrorism, terroristic murder, criminal possession or use of a weapon of mass destruction and terrorism by threat.