Perkins alters language in anti-terrorism measure

Erin Neff

Wednesday, March 19, 2003 | 11:06 a.m.

CARSON CITY -- Assembly Speaker Richard Perkins proposed several amendments to his anti-terrorism measure this morning to assuage concerns the bill would apply to those simply engaging in civil disobedience.

The proposed amendments, which include a preamble to the bill to discuss legislative intent and a narrower definition of terrorism, quieted many of those who had objected to language in other terrorism bills this session.

Perkins, D-Henderson, said his intent with Assembly Bill 250 was only to target acts of terrorism.

"It is critical that any policy on terrorism must protect civil rights," Perkins said during testimony on AB250 in the Assembly Judiciary Committee.

AB250 provides increased penalties for crimes defined as terrorism, requires resort hotels to adopt emergency response plans and allows for forfeiture of any materials used in planning a terrorist plot, among other things.

Numerous law enforcement representatives, including Metro Sheriff Bill Young, Clark County District Attorney David Roger and Ellen Knowlton, the FBI's special agent in charge of the Las Vegas office, testified in support of the measure.

American Civil Liberties Union representative Laura Mijanovich testified that, as written, AB250 would have led to Martin Luther King Jr.'s prosecution as a terrorist.

The bill originally defined an act of terrorism as "any act that involves the use or the threatened or attempted use of sabotage, fear or violence and is intended" to do one of three listed things.

One of Perkins' amendments, crafted by Roger, changes the definition of terrorism to read: "Any act, dangerous to human life that is a violation of the criminal laws of the state of Nevada and is intended to ... "

The other amendment, borrowed from a state of Washington law, would add a preamble to the bill defining the intent.

"It is also the intent of the Legislature that this act be interpreted to provide the greatest measure of protection and safety for the people of this state and to preserve and protect their constitutional rights, including the right to petition their governments and to exercise their rights under the First Amendment to the United States Constitution," the amendment reads.

James Jackson, lobbyist for Nevada Attorneys for Criminal Justice, called the amendments "a giant step forward."

Jackson and the ACLU led opposition to Senate Bill 38, an anti-terrorism measure sponsored by Senate Majority Leader Bill Raggio, R-Reno, when that bill was heard in the Senate.

Assemblyman David Brown, R-Henderson, who has a bill that would add an aggravating factor in death penalty cases to cover acts of terrorism, thanked Perkins for working on the definition of terrorism, but said he still had concerns.

After the act of terrorism is defined, AB250 intends the definition to apply to any intimidation or coercion of a civilian population; any disruptions or attempts to influence the conduct of policy of a governmental entity by intimidation or any retaliation against a governmental entity or cause of civil unrest.

Brown suggested the bill should be amended to remove the language involving disruption or influence of governmental policy.

"I don't want to hook anybody we don't intend to hook," Brown said.

Young testified that the bill sends a clear message to the nation that Nevada is a safe tourist destination.

Knowlton said the measure closely mirrors the federal Patriot Act, but would augment that legislation.

"Assembly Bill 250 would be a very good alternative to allow for state prosecution as opposed to federal prosecution," Knowlton said, testifying from Las Vegas.