Anthrax scare prompts bill targeting terrorism

Thursday, Feb. 4, 1999 | 11:02 a.m.

CARSON CITY -- The anthrax scare in Las Vegas a year ago revealed a weakness in Nevada law that limits the prosecution of those who develop and traffic in deadly bacteria for use as a weapon.

A bill before the state Legislature could change that.

Representatives of the Clark County district attorney's office, Metro Police and the Clark County Health Department appeared before the Senate Judiciary Committee to support Senate Bill 18, which would make it illegal for a person to develop, possess or sell a biological agent, toxin or delivery system for use as a weapon.

Sen. Mark James, R-Las Vegas, chairman of the committee, said Tuesday there's no law "against this kind of terrorist weapon, the trafficking in it."

There is a federal law, said Deputy District Attorney Ben Graham, but in some cases the federal government may not want to prosecute what it considers minor cases. He said the state should be able to file criminal charges.

In February 1998 the FBI arrested two men in Las Vegas on charges of possessing the deadly bacteria anthrax. But the agents later concluded the substance was harmless.

The bill sets the penalty for violation of the law at 25 years to life in prison with the possibility of parole after a minimum of 10 years.

Development of fringe and terrorist groups, James said, demonstrates the need for this law.

He said health officials feel "Las Vegas is very vulnerable to this kind of attack and these types of activities.

"It's very important to have this law on the books and for our local government to be empowered to be very vigilant in investigating and prosecuting these kinds of activities," James said.

The committee is expected to recommend approval.