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Council Period 12
Council Period 13
Linda W. Cropp
A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
Chairman Linda W. Cropp introduced the following
bill, which was referred to the Committee on the Judiciary.
To establish the act of terrorism and the possession of a weapon of mass
destruction as crimes and to assess criminal penalties; and to amend An
Act To establish a code of law for the District of Columbia to increase
the penalties for crimes committed during an act of terrorism.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act
may be cited as the "Anti-Terrorism Act of 2001 ".
Sec. 2. Definitions.
For the purposes of this act, the term:
(1) "Act of terrorism" means activities that involve violent
acts or acts dangerous to human life that are-in violation of the criminal
laws of the District of Columbia, and that are intended to:
(A) Intimidate or coerce a civilian population;
(B) Influence the policy of a unit of government by intimidation or
(C) Retaliate against government conduct; or
(D) Affect the conduct of a unit of government by murder,
assassination, or kidnapping.
(2) "Weapon of mass destruction" means:
(A) Any destructive device including:
(1) An explosive, incendiary, or poison gas bomb, grenade, rocket,
missile, mine, or similar device;
(2) Any weapon which will, or may be readily converted to, expel a
projectile by the action of an explosive or other propellant, and
which has a barrel with a bore more than one-half inch in diameter;
(3) Any combination of parts either designed or intended for use in
converting any device into a destructive device.
(B) Any weapon that is designed or intended to cause death or serious
bodily injury through the release, dissemination, or impact of toxic or
(C) Any weapon involving a disease organism; or
(D) Any weapon that is designed to release radiation or radioactivity
at a level dangerous to human life.
Sec. 3. Criminal offense and penalties.
(a) An act of terrorism shall be considered a separate criminal offense
and a person who commits of an act of terrorism shall, upon conviction, be
punished by imprisonment for life.
(b) An act of possessing a weapon of mass destruction shall be a
separate criminal offense and a person who commits an act of possessing a
weapon of mass destruction shall, upon conviction, be punished by
imprisonment for a term of not less than 10 years or more than life.
Sec. 4. Chapter 19 of An Act To establish a code of law for the
District of Columbia, approved March 3, 1901 (31 Stat. 1321; D.C. Official
Code § 22-101 et seq.), is amended as follows:
(a) A new section 803a is added to read as follows:
(b) Section 798 (D.C. Official Code § 22-2101) is amended to read as
"Any person convicted of assault with intent to commit an act of
terrorism shall be sentenced to imprisonment for not less than 10 years
or more than 20 years.".
"Whoever, being of sound memory and discretion, kills another
purposely, either of deliberate and premeditated malice, by means of
poison, or by an act of terrorism, or in perpetrating or attempting to
perpetrate an offense punishable by imprisonment in the penitentiary, or
without purpose to do so kills another in perpetrating or attempting to
perpetrate an act of terrorism as defined in section 2 of the
Anti-Terrorism Act of 2001, in perpetrating or in attempting to
perpetrate any arson, as defined in section 820 or 821, first degree
sexual abuse, first degree child sexual abuse, first degree cruelty to
children, mayhem, robbery, or kidnaping, or in perpetrating or
attempting to perpetrate any housebreaking while armed with or using a
dangerous weapon, of in perpetrating or attempting to perpetrate a
felony involving a controlled substance, is guilty of murder in the
Sec. 5. An Act To prevent the giving of false alarms of fires in the
District of Columbia, approved June 8, 1906 (34 Stat. 220; D.C. Official
Code § 22-1319), is amended by adding a new section 1 a to read as
"Sec. Ia. It shall be unlawful for any person to wilfully or
knowingly give a false alarm or report of a bomb within the District of
Columbia and any person violating the provisions of this subsection
shall, upon .conviction, be deemed guilty of a misdemeanor and be
punished by a fine not exceeding $10,000, imprisonment of not more than
12 months, or both.".
Sec. 6. Section 908A(a) of An Act To establish a code of law for the
District of Columbia, approved July 29, 1970 (84 Stat. 598; D.C. Official
Code § 22-1805a(a)), is amended to read as follows:
"(a)(1) Except as provided in paragraph (2) of this subsection,
if 2 or more persons conspire either to commit a criminal offense, or to
defraud the District of Columbia or any court or agency thereof in any
manner or for any purpose, each shall be fined not more than $10,000 or
imprisoned not more than 5 years, or both, except that if the object of
the conspiracy is a criminal offense punishable by less than 5 years,
the maximum penalty for the conspiracy shall not exceed the maximum
penalty provided for that offense.
"(2) If 2 or more persons conspire to commit an act of
terrorism or to use a weapon of mass destruction, each shall be
imprisoned for a period of not less than 10 years and not more than 20
Sec. 7. Section 801 a(b) of An Act To establish a code of law for the
District of Columbia, effective September 26, 1992 (D.C. Law 9-153; D.C.
Official Code § 22-2104.01(b)), is amended as follows:
(a) Strike the word "or" at the end of paragraph (11).
(b) A new paragraph (11 A) is added to read as follows:
Sec. 8. Section 1 of An Act To control the possession, sale, transfer, and
use of pistols and other dangerous weapons in the District of Columbia, to
provide penalties, to prescribe rules of evidence, and for other purposes,
approved July 8, 1932 (47 Stat. 650; D.C. Official Code §22-4501), is
amended to read as follows:
"(1 IA) The murder was committed in the course of an act of
"(f) "Crime of Violence," as used in this chapter,
means any of the following crimes, or attempt to commit any of the same,
namely: Murder, manslaughter, act of terrorism, first degree sexual
abuse, second degree sexual abuse, or child sexual abuse, mayhem,
maliciously disfiguring another, abduction, kidnapping, burglary,
robbery, housebreaking, any assault with intent to kill, assault with
intent to commit an act of terrorism, commit first degree sexual abuse,
second degree sexual abuse, or child sexual abuse, or robbery, assault
with a dangerous weapon, assault with intent to commit any offense
punishable by imprisonment in the penitentiary, arson, or extortion or
blackmail accompanied by threats of violence or aggravated
Sec. 9. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report
as the fiscal impact statement required by section 602 (c)(3) of the
District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.
813; D.C. Official Code § 1-206.02(c)(3)).
Sec. 10. Effective date.
This act shall take effect following approval by the Mayor (or in the
event of a veto by the Mayor, action by the Council to override the veto),
a 60-day period of Congressional review as provided in section 602(c)(2)
of the District of Columbia Home Rule Act, approved December 24, 1973 (87
Stat. 813; D.C. Official Code §1-206.02(c)(2)), and publication in the
District of Columbia Register.