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Re: NAROA Legislation Alert : Echo Terror Bill ?????


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Posted by asalzberg on March 19, 2003 at 20:34:18:

In Reply to: NAROA Legislation Alert : Echo Terror Bill ????? posted by klorentz on March 18, 2003 at 21:14:35:

This is the New York State Version Of “Terrorism” Bill. The bill is going to be Introduced In State Houses Throughout US To Attack Civic Activism (Environmental Actions
Main Target)

This is from HerpDigest Volume # 3 Issue # 27.

(Editorial comment: This law if passed, as is, would make it possible for anyone organizing against from ANWR to Puppy Mills labeled a terrorist and then immediately arrested and/or fined.

Here is an excerpt from the main section of the law that makes this possible.
“ the primary or incidental purpose of supporting any politically motivated activity through intimidation, coercion, fear, or
other means that is intended to obstruct, impede or deter any person
from participating in a lawful animal activity, animal facility,
research facility, or the lawful activity of mining, foresting, harvesting, gathering or processing natural resources. “

Two examples of potential implementation of this law:

If your neighbor wants to sell their land to a timber or mining company, but everyone else in the county wants to convince them to sell the land to the county for use as a public park. If you and your neighbors get together to discuss how to do this, (see under from intimidation to other means) you could be arrested.

Michael Smith in Texas, states that this version of the law, as in Texas’s version, would make it illegal for two people to stand outside a rattlesnake roundup handing out flyers against it. (See Page two. text line 21)
___________________________________________

The State of New York, March 10, 2003
Bill H4884

2003-2004 Regular Sessions

I N A S S E M B L Y

February 20, 2003
___________

Introduced by M. of A. SMITH -- read once and referred to the Committee
on Agriculture

AN ACT to amend the agriculture and markets law, in relation to unlawful
tampering with animal activities

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

1 Section 1. Section 378 of the agriculture and markets law, as added by
2 chapter 609 of the laws of 1991, is amended to read as follows:
3 S 378. Unlawful tampering with animal {research} ACTIVITIES. 1. Defi-
4 nitions. For the purposes of this section, the following terms shall
5 have the following meanings:
6 (a) "Infectious agents" shall be limited to those organisms that cause
7 serious physical injury or death to humans.
8 (b) "Animal" means any warm or cold-blooded animal or insect which is
9 being used in food or fiber production, agriculture, research, testing,
10 or education, however, shall not include any animal held primarily as a
11 pet.
12 (c) "Facility" means any building, structure, laboratory, vehicle,
13 pasture, paddock, pond, impoundment or premises where any scientific
14 research, test, experiment, production, education, or investigation
15 involving the use of any animal is carried out, conducted or attempted
16 or where records or documents relating to an animal or animal research,
17 tests, experiments, production, education or investigation are main-
18 tained.
19 (d) "Release" means to intentionally set free from any facility any
20 animal without any right, title, or claim thereto.
21 (e) "Abandonment" means the intentional relinquishment or forsaking of
22 possession or control of any animal released from a facility.
23 (f) "Person" means any individual, firm, organization, partnership,
24 association or corporation.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD03670-01-3

A. 4884 2

1 (g) "Secret scientific material" means a sample, culture, micro-organ-
2 ism, specimen, record, recording, document, drawing or any other arti-
3 cle, material, device or substance which constitutes, represents,
4 evidences, reflects, or records a scientific or technical process,
5 invention or formula or any part or phase thereof which is stored, test-
6 ed, studied or examined in any facility, and which is not, and not
7 intended to be, available to anyone other than the person or persons
8 rightfully in possession thereof or selected persons having access ther-
9 eto with his or their consent, and when it accords or may accord such
10 rightful possessors an advantage over competitors or other persons who
11 do not have knowledge or the benefit thereof.
12 (h) "Notice" means to provide information in such detail to make a
13 reasonable person aware of the presence in a facility of infectious
14 agents or secret scientific material.
15 (I) "ANIMAL ACTIVITIES" MEANS ANY ACTIVITY INVOLVING THE USE OF
16 ANIMALS OR ANIMAL PARTS TO INCLUDE HUNTING, FISHING, TRAPPING, TRAVEL-
17 ING, CAMPING, PRODUCTION, PREPARATION OR PROCESSING OF FOOD OR FOOD
18 PRODUCTS, CLOTHING OR GARMENT MANUFACTURING, MEDICAL OR OTHER RESEARCH,
19 ENTERTAINMENT, RECREATION, AGRICULTURE, OR ANY OTHER SERVICES INVOLVING
20 THE USE OF ANIMALS.
21 (J) "ANIMAL OR ECOLOGICAL TERRORIST ORGANIZATION" MEANS ANY ASSOCI-
22 ATION, ORGANIZATION, ENTITY, COALITION, OR COMBINATION OF TWO OR MORE
23 PERSONS WITH THE PRIMARY OR INCIDENTAL PURPOSE OF SUPPORTING ANY POLI-
24 TICALLY MOTIVATED ACTIVITY THROUGH INTIMIDATION, COERCION, FEAR, OR
25 OTHER MEANS THAT IS INTENDED TO OBSTRUCT, IMPEDE OR DETER ANY PERSON
26 FROM PARTICIPATING IN A LAWFUL ANIMAL ACTIVITY, ANIMAL FACILITY,
27 RESEARCH FACILITY, OR THE LAWFUL ACTIVITY OF MINING, FORESTING, HARVEST-
28 ING, GATHERING OR PROCESSING NATURAL RESOURCES.
29 2. Notice. Any person who, after notice has been given by:
30 (a) actual notice in writing or orally to the person; or
31 (b) prominently posting written notice upon or immediately adjacent to
32 the facility; or
33 (c) notice that is announced upon entry to the facility by any person:
34 (i) knowingly or intentionally releases an animal from a facility or
35 causes the abandonment of an animal knowing that such animal was exposed
36 to infectious agents prior to such release or abandonment and was capa-
37 ble of transmitting such infectious agents to humans; or
38 (ii) with intent to do so, causes loss or damage to secret scientific
39 material, and having no right to do so nor any reasonable ground to
40 believe that he has such right, causes loss of or damage to any secret
41 scientific material in an amount in excess of two hundred fifty dollars
42 at a facility, shall be guilty of unlawful tampering with animal
43 research. Unlawful tampering with animal research is a class E felony
44 punishable in accordance with the penal law.
45 3. Private right of action. Any person who violates any provision of
46 this section shall be liable in any court of competent jurisdiction,
47 including small claims court, in an amount equal to:
48 (a) Damages sustained as a result of such violation or fifty dollars,
49 whichever is greater, for each violation;
50 (b) Such additional punitive damages as the court may allow;
51 (c) Attorney`s fees and costs; and
52 (d) Cost of duplicating any experiment which was damaged by the unlaw-
53 ful tampering with animal research, if applicable.
54 4. AN ANIMAL OR ECOLOGICAL TERRORIST ORGANIZATION OR ANY PERSON ACTING
55 ON ITS BEHALF OR AT ITS REQUEST OR FOR ITS BENEFIT OR ANY INDIVIDUAL

A. 4884 3

1 WHOSE INTENT TO COMMIT THE ACTIVITY WAS POLITICALLY MOTIVATED IS PROHIB-
2 ITED FROM:
3 (A) DEPRIVING THE OWNER OF AN ANIMAL OR NATURAL RESOURCE FROM PARTIC-
4 IPATING IN AN ANIMAL OR NATURAL RESOURCE ACTIVITY BY:
5 (I) OBSTRUCTING THE LAWFUL USE OF AN ANIMAL, NATURAL RESOURCE OR OTHER
6 PROPERTY FROM THE OWNER PERMANENTLY OR FOR SUCH A PERIOD OF TIME THAT A
7 SIGNIFICANT PORTION OF THE VALUE OR ENJOYMENT OF THE ANIMAL, NATURAL
8 RESOURCE OR PROPERTY IS LOST TO THE OWNER;
9 (II) TAKING OR DETAINING THE ANIMAL, NATURAL RESOURCE OR OTHER PROPER-
10 TY AND AGREE TO RESTORE IT ONLY UPON REWARD OR OTHER COMPENSATION; OR
11 (III) DISPOSING OF AN ANIMAL, NATURAL RESOURCE OR OTHER PROPERTY OR TO
12 SO ALTER ITS CONDITION OR USEFULNESS THAT THE VALUE OF THE ANIMAL,
13 NATURAL RESOURCE OR OTHER PROPERTY IS SUBSTANTIALLY REDUCED.
14 (B) OBSTRUCTING OR IMPEDING THE USE OF AN ANIMAL FACILITY OR THE USE
15 OF A NATURAL RESOURCE WITHOUT THE EFFECTIVE CONSENT OF THE OWNER BY:
16 (I) DAMAGING OR DESTROYING AN ANIMAL OR RESEARCH FACILITY, OR OTHER
17 PROPERTY IN OR ON THE PREMISES;
18 (II) ENTERING AN ANIMAL OR RESEARCH FACILITY THAT IS AT THE TIME
19 CLOSED TO THE PUBLIC;
20 (III) REMAINING CONCEALED IN AN ANIMAL OR RESEARCH FACILITY WITH THE
21 INTENT TO COMMIT AN ACT PROHIBITED BY THIS CHAPTER;
22 (IV) ENTERING AN ANIMAL OR RESEARCH FACILITY AND COMMIT OR ATTEMPT TO
23 COMMIT AN ACT PROHIBITED BY THIS CHAPTER;
24 (V) ENTERING AN ANIMAL OR RESEARCH FACILITY TO TAKE PICTURES BY PHOTO-
25 GRAPH, VIDEO CAMERA, OR OTHER MEANS WITH THE INTENT TO COMMIT CRIMINAL
26 ACTIVITIES OR DEFAME THE FACILITY OR ITS OWNER;
27 (VI) ENTERING OR REMAINING ON THE PREMISES OF AN ANIMAL OR RESEARCH
28 FACILITY IF THE PERSON OR ORGANIZATION:
29 (1) HAD NOTICE THAT THE ENTRY WAS FORBIDDEN; OR
30 (2) RECEIVED NOTICE TO DEPART BUT FAILED TO DO SO; OR
31 (VII) CAUSING A PHYSICAL DISRUPTION OF AN ANIMAL OR RESEARCH FACILITY.
32 (C) INTERFERING WITH ANY LAWFUL ANIMAL ACTIVITY OR THE LAWFUL USE OF A
33 NATURAL RESOURCE OR ITS BYPRODUCT.
34 (D) PARTICIPATING IN OR SUPPORTING ANIMAL OR ECOLOGICAL TERRORISM TO
35 INCLUDE RAISING, SOLICITING, COLLECTING OR PROVIDING ANY PERSON WITH
36 MATERIAL, FINANCIAL SUPPORT OR OTHER RESOURCES SUCH AS LODGING, TRAIN-
37 ING, SAFE HOUSES, FALSE DOCUMENTATION OR IDENTIFICATION, COMMUNICATIONS,
38 EQUIPMENT OR TRANSPORTATION THAT WILL BE USED IN WHOLE OR IN PART, TO
39 ENCOURAGE, PLAN, PREPARE, CARRY OUT, PUBLICIZE, PROMOTE OR AID AN ACT OF
40 ANIMAL OR ECOLOGICAL TERRORISM, THE CONCEALMENT OF, OR AN ESCAPE FROM,
41 AN ACT OF ANIMAL OR ECOLOGICAL TERRORISM.
42 5. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ACTIVITIES OF A:
43 (A) GOVERNMENT AGENCY OR ITS EMPLOYEES WHO ARE CARRYING OUT THEIR
44 RESPONSIBILITIES UNDER LAW OR TO LAWFUL ACTIVITIES OF A FINANCIAL INSTI-
45 TUTION OR OTHER SECURED PARTY; AND
46 (B) HUMANE ANIMAL TREATMENT SHELTER OR ITS EMPLOYEES WHOSE PRIMARY
47 PURPOSE IS THE BONA FIDE CONTROL OR HUMANE CARE OF ANIMALS WHEN ACTING
48 WITHIN THE SCOPE OF THEIR EMPLOYMENT.
49 6. A PERSON CONVICTED OF AN ACT THAT VIOLATES SUBDIVISION FOUR OF THIS
50 SECTION AND THAT RESULTS IN FIVE HUNDRED DOLLARS OR LESS IN PHYSICAL
51 DAMAGE OR DESTRUCTION OF PROPERTY SHALL BE GUILTY OF A FIRST DEGREE
52 MISDEMEANOR AND FINED NOT MORE THAN ONE THOUSAND DOLLARS OR BE IMPRI-
53 SONED IN THE COUNTY JAIL FOR A TERM NOT TO EXCEED SIX MONTHS, OR BOTH. A
54 PERSON CONVICTED OF AN ACT THAT VIOLATES SUBDIVISION FOUR OF THIS
55 SECTION AND THAT RESULTS IN MORE THAN FIVE HUNDRED DOLLARS IN PHYSICAL
56 DAMAGE OR DESTRUCTION OF PROPERTY SHALL BE GUILTY OF A THIRD DEGREE

A. 4884 4

1 FELONY AND FINED NOT MORE THAN TEN THOUSAND DOLLARS OR BE IMPRISONED IN
2 THE STATE PRISON FOR A TERM NOT TO EXCEED FIVE YEARS, OR BOTH. ANY
3 PERSON CONVICTED OF OR THAT PLEADS GUILTY TO VIOLATING SUBDIVISION FOUR
4 OF THIS SECTION AND SUCH ACTIVITY INTENTIONALLY OR NEGLIGENTLY RESULTS
5 IN BODILY HARM TO ANY INDIVIDUAL, THE PENALTY CLASSIFICATION SHALL BE
6 ELEVATED ONE DEGREE.
7 7. THERE IS HEREBY CREATED THE REGISTRY OF ANIMAL AND ECOLOGICAL
8 TERRORISTS. A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO AN ACT THAT
9 VIOLATES SUBDIVISION FOUR OF THIS SECTION SHALL BE REGISTERED WITH THE
10 ATTORNEY GENERAL ON A FORM PRESCRIBED BY THE ATTORNEY GENERAL. THE
11 REGISTRY SHALL CONTAIN THE NAME, A CURRENT RESIDENCE ADDRESS, A RECENT
12 PHOTOGRAPH AND SIGNATURE OF THE OFFENDER. THE OFFENDER IS REQUIRED TO
13 PROVIDE WRITTEN NOTICE TO THE ATTORNEY GENERAL REGARDING ANY CHANGE IN
14 NAME OR RESIDENCE ADDRESS WITHIN THIRTY DAYS OF MAKING THE CHANGE. THE
15 ATTORNEY GENERAL SHALL CREATE A WEBSITE CONTAINING THE INFORMATION SET
16 FORTH IN THIS SUBDIVISION FOR EACH PERSON WHO IS CONVICTED OR PLEADS
17 GUILTY TO SUCH A VIOLATION. INFORMATION REGARDING AN OFFENDER SHALL
18 REMAIN ON THE WEBSITE FOR NO LESS THAN THREE YEARS AT WHICH TIME THE
19 REGISTRANT MAY APPLY TO THE ATTORNEY GENERAL FOR REMOVAL AFTER A HEARING
20 ON THE APPLICATION FOR REMOVAL.
21 In any action brought by any person to enforce this section, the court
22 may, subject to its jurisdiction, issue an injunction to restrain or
23 prevent any violation of this section or any continuance of any such
24 violation.
25 S 2. This act shall take effect on the first of November next succeed-
26 ing the date on which it shall have become a law.
.SO DOC A 4884 *END* BTXT 200



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