Bill Text: AZ SB1484 | 2011 | Fiftieth Legislature 1st Regular | Engrossed
Bill Title: Terrorism; radiological agent; infectious substances
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-04-28 - Governor Signed [SB1484 Detail]
Download: Arizona-2011-SB1484-Engrossed.html
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House Engrossed Senate Bill |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SENATE BILL 1484 |
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AN ACT
amending section 13-2308.01, Arizona Revised Statutes; relating to terrorism.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-2308.01, Arizona Revised Statutes, is amended to read:
13-2308.01. Terrorism; classification; definitions
A. It is unlawful for a person to intentionally or knowingly do any of the following:
1. Engage in an act of terrorism.
2. Organize, manage, direct, supervise or finance an act of terrorism.
3. Solicit, incite or induce others to promote or further an act of terrorism.
4. Without lawful authority or when exceeding lawful authority, manufacture, sell, deliver, display, use, make accessible to others, possess or exercise control over a weapon of mass destruction knowing or having reason to know that the device or object involved is a weapon of mass destruction.
5. Make property available to another, by transaction, transportation or otherwise, knowing or having reason to know that the property is intended to facilitate an act of terrorism.
6. Provide advice, assistance or direction in the conduct, financing or management of an act of terrorism knowing or having reason to know that an act of terrorism has occurred or may result by:
(a) Harboring or concealing any person or property.
(b) Warning any person of impending discovery, apprehension, prosecution or conviction. This subdivision does not apply to a warning that is given in connection with an effort to bring another person into compliance with the law.
(c) Providing any person with material support or resources or any other means of avoiding discovery, apprehension, prosecution or conviction.
(d) Concealing or disguising the nature, location, source, ownership or control of material support or resources.
(e) Preventing or obstructing by means of force, deception or intimidation anyone from performing an act that might aid in the discovery, apprehension, prosecution or conviction of any person or that might aid in the prevention of an act of terrorism.
(f) Suppressing by any act of concealment, alteration or destruction any physical evidence that might aid in the discovery, apprehension, prosecution or conviction of any person or that might aid in the prevention of an act of terrorism.
(g) Concealing the identity of any person.
7. Possess, with the intent to injure another person, an infectious biological substance or a radiological agent.
8. Destroy or damage or attempt to destroy or damage any facility, equipment or material involved in the sale, manufacture, storage or distribution of an infectious biological substance or a radiological agent with the intent to injure another by the release of the substance or agent.
9. Manufacture, sell, give, distribute or use an infectious biological substance or a radiological agent with the intent to injure another person.
10. Cause injury to another person by means of an infectious biological substance or a radiological agent.
11. Give or send to another person or place in a public or private place a simulated infectious biological substance or a radiological agent with the intent to terrify, intimidate, threaten or harass. The placing or sending of a simulated infectious biological substance or radiological agent without written notice attached to the substance or agent in a conspicuous place that the substance or device has been rendered inert and is possessed for a curio or relic collection, display or other similar purpose is prima facie evidence of an intent to terrify, intimidate, threaten or harass.
12. Transport any radiological isotope or agent for the purpose of committing another act in violation of this section.
13. Adulterate or misbrand any radiological isotope.
14. Manufacture, hold, sell or offer to sell any radiological isotope that is adulterated or misbranded.
15. Alter, mutilate, destruct, obliterate or remove any part of the labeling of a radiological isotope.
16. Any other act with respect to a radiological isotope if the act is done when the article is possessed, transferred, transported or held for sale and results in the article being adulterated or misbranded.
B. The possession of any infectious biological substance or a radiological agent, unless satisfactorily explained, may give rise to an inference that the person who is in possession of the substance or agent is aware of the risk that the substance or agent may be used to commit an act in violation of this section.
B. C. This section does not apply to any person who is permitted or licensed pursuant to title 30, chapter 4 and 10 code of federal regulations part 30, a member or employee of the armed forces of the United States, a federal or state governmental agency or any political subdivision of a state, a charitable, scientific or educational institution or a private entity if both of the following apply:
1. The person is engaged in lawful activity within the scope of the person's employment and the person is otherwise duly authorized or licensed to manufacture, possess, sell, deliver, display, use, exercise control over or make accessible to others any weapon of mass destruction, infectious biological substance or radiological agent or to otherwise engage in any activity described in this paragraph.
2. The person is in compliance with all applicable federal and state laws in doing so.
C. D. A violation of subsection A of this section is a class 2 felony, except that if the court finds that at least one of the aggravating circumstances listed in section 13‑701, subsection D applies, the defendant shall be sentenced pursuant to section 13‑709.02, subsection A.
E. For the purposes of this section:
1. "Infectious biological substance" includes any bacteria, virus, fungus, protozoa, prion, toxin or material found in nature that is capable of causing death or serious physical injury. Infectious biological substance does not include human immunodeficiency virus, syphilis or hepatitis.
2. "Radiological agent" includes any substance that is able to release radiation at levels that are capable of causing death or serious bodily injury or at any level if used with the intent to terrify, intimidate, threaten or harass.
