(TRENTON)—Governor James E. McGreevey signed into law today the “September 11^th 2001 Anti-Terrorism Act,” which makes a number of terrorism-related offenses part of New Jersey’s Criminal Code.  The law also adds a new aggravating factor to the death penalty statute for murder committed in the course of a terrorist act.

 

“The September 11^th 2001 Anti-Terrorism Act makes a number of terrorism-related offenses part of the State’s Criminal Code, it establishes terrorism as a first-degree crime, and it takes a number of significant steps which will enhance our ability to fight terrorism here in New Jersey,” said McGreevey.

 

The Governor was joined by Attorney General David Samson, First Assistant Attorney General Peter Harvey and Assistant Attorney General for Counter Terrorism Kathy Flicker for the bill signing. Several of the bill sponsors attended the signing as well, including Assemblyman Neil Cohen and Senators Garry Furnari and Robert Martin.

 

“I would like to thank the Senate and Assembly sponsors of this legislation for their leadership and efforts in making New Jersey a state that is tough on terrorism,” said McGreevey. “Whether harboring terrorists or providing them with financial support, New Jersey will not tolerate such cowardly actions and the laws of this State appropriately reflect our commitment to combating terror.” 

 

"Since September 11, we face a new world in which terrorist organizations are targeting Americans with their hatred and violence," said Samson. "Because we live under the rule of law in this country, we must ensure that our laws change to protect our citizens.  Our existing laws do not adequately address the methods used by these terrorists and the terrible crimes they perpetrate. This new law will provide us with the essential legal tools to deal with terrorists and bring them to justice."

 

Specifically, the new law establishes terrorism as a first-degree crime, which is punishable by life imprisonment without parole. The new law defines terrorism as the commission of certain offenses that promote an act of terror; influence the policy or affect the conduct of government by terror; cause the interruption of public communication, transportation or impairs public or private buildings, utilities or other public services; or terrorizes five or more persons.

 

 

The law also criminalizes the production, development and possession of certain chemical weapons—including choking agents, cyanide and biological agents such as viruses—as first-degree crimes.  Upon conviction, an offender shall be sentenced to a term of imprisonment between 30 years and life, and if the actions resulted in a victim’s death, life without parole.

 

The Act also creates several other terrorism-related offenses including first and second-degree crimes for concealing terrorists or providing financial support to terrorists, a second-degree crime for suppressing evidence of terrorism and a third-degree crime for warning a terrorist regarding a terrorism investigation. 

 

In addition, the law upgrades a number of other existing crimes that have the potential to cause widespread injury or death.  Purposely causing an unauthorized release of radiation will become a first degree-crime, rather than its current level as a third degree offense. Initiating a false public alarm during a national, State or county emergency will become a second-degree crime, upgraded from its current status as a third degree crime.

 

The law also amends the Wiretap Act to include terrorism among the crimes for which wiretaps may be sought.  It also puts terrorism on the same level as murder and certain sex offenses by amending the statute of limitations provision in the criminal code. This change will allow prosecution for committing an act of terrorism, providing material support or resources for an act of terrorism or harboring or aiding terrorists.

 

The Assembly version of the bill, A-911 passed unanimously, 77-0, on June 13^th.  The prime sponsors of the bill include Assemblypersons Neil Cohen (D-Union), John Burzichelli (D-Cumberland/ Gloucester/ Salem), Paul Sarlo (D-Bergen/ Essex/ Passaic) and Joan Quigley (D-Bergen/ Hudson). 

 

The Senate version of the bill passed the upper house in March, 39-0, and was sponsored by Senators Garry Furnari (D-Bergen/ Essex/ Passaic), Gerald Cardinale (R-Bergen) and Robert Martin (R-Morris, Passaic).

 

The September 11^th 2001 Anti-Terrorism Act will take effect immediately.