Proposed legislation to ban anthrax or other agents debated

Thursday, Feb. 4, 1999 | 10:22 a.m.

"The threat of chemical and biological agents being used for attacks is real," Dr. Donald Kwalick told the Senate Judiciary Committee on Wednesday.

"This is an important bill for us," added Sgt. Keith Carter of the Metropolitan Police Department. "It gives us a tool we need."

The committee is considering SB18, by Sen. Mark James, R-Las Vegas, to impose minimum 10-year prison terms for anyone caught using or stockpiling biological agents or toxins for use as weapons.

James, the committee chairman, said he sought the bill after discovering last year that the state had no laws against the use of biological agents as weapons. He became concerned after Larry Wayne Harris and William Leavitt were arrested in February in Clark County by the FBI on suspicion they were carrying deadly anthrax.

Charges against them later were dropped after it was determined they had a veterinary vaccine used to prevent anthrax infections. Both the U.S. attorney's office and the Nevada attorney general's office have opened investigations into the incident, but nothing has come of them.

Kwalick testified that the bill should be amended to cover people who incite hoaxes involving biological agents.

Carter said he hopes the language in the bill is checked closely so it does not become a crime to possess a chemical agent such as pepper spray.

James said he would make amendments before asking his committee to pass the bill.

While no one testified against the bill, Prison Department Director Bob Bayer questioned in a written statement whether the bill was needed.

Bayer said the proposal was redundant because there already are federal laws against making weapons out of biological agents.