Ac-cent-tchu-ate the contradictions. (Unbelievable anti-Terror Bill!)

Long Story Short Pier ^ | March 17, 2003 04:12 PM | Editorial Staff

[vannrox]

Ac-cent-tchu-ate the contradictions.

Via the irrepressible Portland Mercury, we learn that State Senator John Minnis (R-Fairview) has offerred up a bill that would, in part, define terrorism:

"...The bill defines a terrorist broadly, as anyone who knowingly plans, participates in or carries out any act intended to disrupt the free and orderly assembly of Oregonians..."

In other words, "...anyone participating in an event, be it a protest or otherwise, that impedes traffic, business, or public assembly on any state property, including schools or universities..."

The minimum penalty for such an infraction?

"...Twenty-five years without the possibility of parole.

So everyone who went to the march this past Saturday was a terrorist. Almost all of the events planned for the day war begins are acts of terror. Those monthly Critical Mass bike rides? Terrorism.

Never mind that V.I. Lenin would clasp Minnis to his waxy bosom for so alacritously taking up his end of the bargain to heighten the contradictions. No matter that Andreas Baader would pucker up his withered dead lips to kiss Minnis for playing his part so thoroughly to the hilt. (Issa giggle, ennit? Imagining those guys holding up a VP of Sales in traffic on the Burnside Bridge in a Lincoln Navigator?)

Don't get in a semantic tizzy about conflating permitted protests and civil disobediance with hijacking passenger jets to slaughter 3,000 people.

The terrorists won long ago; penny-ante s--t(stuff) like Senate Bill 742 is just counting coup. Instead, read the fine print: what's also terrorism is planning, participating in, or carrying out any act that disrupts:

(c) The educational or governmental institutions of the State of Oregon or its inhabitants.

The Bill is SB 742.

The following was e-mailed to me from my brother:

72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session

NOTE: Matter within { + braces and plus signs + } in an amended section is new. Matter within { - braces and minus signs - } is existing law to be omitted. New sections are within { + braces and plus signs + } .

LC 2695
Senate Bill 742

Sponsored by Senator MINNIS

SUMMARY

The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced.

Creates crime of terrorism. Punishes by life imprisonment.

A BILL FOR AN ACT
Relating to terrorism; creating new provisions; and amending section 19, chapter 666, Oregon Laws 2001. Be It Enacted by the People of the State of Oregon:

SECTION 1. { + (1) A person commits the crime of terrorism if the person knowingly plans, participates in or carries out any act that is intended, by at least one of its participants, to disrupt:

(a) The free and orderly assembly of the inhabitants of the State of Oregon;

(b) Commerce or the transportation systems of the State of Oregon; or

(c) The educational or governmental institutions of the State of Oregon or its inhabitants.

(2) A person commits the crime of terrorism if the person conspires to do any of the activities described in subsection (1) of this section.

(3) A person may not be convicted of terrorism except upon the testimony of two witnesses to the same overt act or upon confession in open court.

(4)(a) A person convicted of terrorism shall be punished by imprisonment for life.

(b) When a person is convicted of terrorism under this section, the court shall order that the person be confined for a minimum of 25 years without possibility of parole, release to post-prison supervision, release on work release or any form of temporary leave or employment at a forest or work camp.

(c) At any time after completion of a minimum period of confinement pursuant to paragraph (b) of this subsection, the State Board of Parole and Post-Prison Supervision, upon the petition of a prisoner so confined, shall hold a hearing, the sole issue of which is to determine whether the prisoner is likely to be rehabilitated within a reasonable period of time. The board shall conduct the proceeding in the manner prescribed for a contested case hearing under ORS 183.310 to 183.550 except that:

(A) The prisoner has the burden of proving by a preponderance of the evidence the likelihood of rehabilitation within a reasonable period of time; and

(B) The prisoner has the right, if the prisoner is without sufficient funds to employ an attorney, to be represented by legal counsel, appointed by the board, at board expense.

(d) If, upon hearing all of the evidence and upon a unanimous vote of all of its members, the board finds that the prisoner is capable of rehabilitation within a reasonable amount of time and that the terms of the prisoner's confinement should be changed to life imprisonment with the possibility of parole, release to post-prison supervision or work release, the board shall enter an order to that effect and convert the terms of the prisoner's confinement to life imprisonment with the possibility of parole, release to post-prison supervision or work release and may set a release date. Otherwise, the board shall deny the relief sought in the petition.

(e) Not less than two years after the denial of the relief sought in a petition under paragraph (c) of this subsection, the prisoner may petition again for a change in the terms of confinement. Further petitions for a change may be filed at intervals of not less than two years thereafter. + }

SECTION 2. { + Notwithstanding ORS 181.575 and 181.850, a law enforcement agency shall cooperate with any federal or state agency that is investigating an act of terrorism, and a law enforcement agency may retain any information relating to an investigation of terrorism as long as the investigation remains open. The Attorney General shall adopt rules governing the retention of such information. + }

SECTION 3. Section 19, chapter 666, Oregon Laws 2001, as amended by section 5, chapter 696, Oregon Laws 2001, is amended to read:

{ + Sec. 19. + } The crimes to which section 1 (11)(b), chapter 666, Oregon Laws 2001, applies are:

(1) Bribe giving, as defined in ORS 162.015.
(2) Bribe receiving, as defined in ORS 162.025.
(3) Public investment fraud, as defined in ORS 162.117.
(4) Bribing a witness, as defined in ORS 162.265.
(5) Bribe receiving by a witness, as defined in ORS 162.275.
(6) Simulating legal process, as defined in ORS 162.355.
(7) Official misconduct in the first degree, as defined in ORS 162.415.

(8) Custodial interference in the second degree, as defined in ORS 163.245.

(9) Custodial interference in the first degree, as defined in ORS 163.257.

(10) Buying or selling a person under 18 years of age, as defined in ORS 163.537.

(11) Using a child in a display of sexually explicit conduct, as defined in ORS 163.670.

(12) Encouraging child sexual abuse in the first degree, as defined in ORS 163.684.

(13) Encouraging child sexual abuse in the second degree, as defined in ORS 163.686.

(14) Encouraging child sexual abuse in the third degree, as defined in ORS 163.687.

(15) Possession of materials depicting sexually explicit conduct of a child in the first degree, as defined in ORS 163.688.

(16) Possession of materials depicting sexually explicit conduct of a child in the second degree, as defined in ORS 163.689.

(17) Theft in the second degree, as defined in ORS 164.045.

(18) Theft in the first degree, as defined in ORS 164.055.

(19) Aggravated theft in the first degree, as defined in ORS 164.057.

(20) Theft by extortion, as defined in ORS 164.075.

(21) Theft by deception, as defined in ORS 164.085, if it is a felony or a Class A misdemeanor.

(22) Theft by receiving, as defined in ORS 164.095, if it is a felony or a Class A misdemeanor.

(23) Theft of services, as defined in ORS 164.125, if it is a felony or a Class A misdemeanor.

(24) Unauthorized use of a vehicle, as defined in ORS 164.135.

(25) Mail theft or receipt of stolen mail, as defined in ORS 164.162.

(26) Laundering a monetary instrument, as defined in ORS 164.170.

(27) Engaging in a financial transaction in property derived from unlawful activity, as defined in ORS 164.172.

(28) Burglary in the second degree, as defined in ORS 164.215.

(29) Burglary in the first degree, as defined in ORS 164.225.

(30) Possession of burglar's tools, as defined in ORS 164.235.

(31) Unlawful entry into a motor vehicle, as defined in ORS 164.272.

(32) Arson in the second degree, as defined in ORS 164.315.

(33) Arson in the first degree, as defined in ORS 164.325.

(34) Computer crime, as defined in ORS 164.377.

(35) Robbery in the third degree, as defined in ORS 164.395.

(36) Robbery in the second degree, as defined in ORS 164.405.

(37) Robbery in the first degree, as defined in ORS 164.415.

(38) Unlawful labeling of a sound recording, as defined in ORS 164.868.

(39) Unlawful recording of a live performance, as defined in ORS 164.869.

(40) Unlawful labeling of a videotape recording, as defined in ORS 164.872.

(41) A violation of ORS 164.877.

(42) Endangering aircraft, as defined in ORS 164.885.

(43) Interference with agricultural operations, as defined in ORS 164.887.

(44) Forgery in the second degree, as defined in ORS 165.007.

(45) Forgery in the first degree, as defined in ORS 165.013.

(46) Criminal possession of a forged instrument in the second degree, as defined in ORS 165.017.

(47) Criminal possession of a forged instrument in the first degree, as defined in ORS 165.022.

(48) Criminal possession of a forgery device, as defined in ORS 165.032.

(49) Criminal simulation, as defined in ORS 165.037.

(50) Fraudulently obtaining a signature, as defined in ORS 165.042.

(51) Fraudulent use of a credit card, as defined in ORS 165.055.

(52) Negotiating a bad check, as defined in ORS 165.065.

(53) Possessing a fraudulent communications device, as defined in ORS 165.070.

(54) Unlawful factoring of a credit card transaction, as defined in ORS 165.074.

(55) Falsifying business records, as defined in ORS 165.080.

(56) Sports bribery, as defined in ORS 165.085.

(57) Sports bribe receiving, as defined in ORS 165.090.

(58) Misapplication of entrusted property, as defined in ORS 165.095.

(59) Issuing a false financial statement, as defined in ORS 165.100.

(60) Obtaining execution of documents by deception, as defined in ORS 165.102.

(61) A violation of ORS 165.543.

(62) Cellular counterfeiting in the third degree, as defined in ORS 165.577.

(63) Cellular counterfeiting in the second degree, as defined in ORS 165.579.

(64) Cellular counterfeiting in the first degree, as defined in ORS 165.581.

(65) Identity theft, as defined in ORS 165.800.

(66) A violation of ORS 166.190.

(67) Unlawful use of a weapon, as defined in ORS 166.220.

(68) A violation of ORS 166.240.

(69) Unlawful possession of a firearm, as defined in ORS 166.250.

(70) A violation of ORS 166.270.

(71) Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer, as defined in ORS 166.272.

(72) A violation of ORS 166.275.

(73) Unlawful possession of armor piercing ammunition, as defined in ORS 166.350.

(74) A violation of ORS 166.370.

(75) Unlawful possession of a destructive device, as defined in ORS 166.382.

(76) Unlawful manufacture of a destructive device, as defined in ORS 166.384.

(77) Possession of a hoax destructive device, as defined in ORS 166.385.

(78) A violation of ORS 166.410.

(79) Providing false information in connection with a transfer of a handgun, as defined in ORS 166.416.

(80) Improperly transferring a handgun, as defined in ORS 166.418.

(81) Unlawfully purchasing a firearm, as defined in ORS 166.425.

(82) A violation of ORS 166.429.

(83) A violation of ORS 166.470.

(84) A violation of ORS 166.480.

(85) A violation of ORS 166.635.

(86) A violation of ORS 166.638.

(87) Unlawful paramilitary activity, as defined in ORS 166.660.

(88) A violation of ORS 166.720.

(89) Prostitution, as defined in ORS 167.007.

(90) Promoting prostitution, as defined in ORS 167.012.

(91) Compelling prostitution, as defined in ORS 167.017.

(92) Exhibiting an obscene performance to a minor, as defined in ORS 167.075.

(93) Unlawful gambling in the second degree, as defined in ORS 167.122.

(94) Unlawful gambling in the first degree, as defined in ORS 167.127.

(95) Possession of gambling records in the second degree, as defined in ORS 167.132.

(96) Possession of gambling records in the first degree, as defined in ORS 167.137.

(97) Possession of a gambling device, as defined in ORS 167.147.

(98) Possession of a gray machine, as defined in ORS 167.164.

(99) Cheating, as defined in ORS 167.167.

(100) Tampering with drug records, as defined in ORS 167.212.

(101) A violation of ORS 167.262.

(102) Research and animal interference, as defined in ORS 167.312.

(103) Animal abuse in the first degree, as defined in ORS 167.320.

(104) Aggravated animal abuse in the first degree, as defined in ORS 167.322.

(105) Animal neglect in the first degree, as defined in ORS 167.330.

(106) Interfering with an assistance, a search and rescue or a therapy animal, as defined in ORS 167.352.

(107) Involvement in animal fighting, as defined in ORS 167.355.

(108) Dogfighting, as defined in ORS 167.365.

(109) Participation in dogfighting, as defined in ORS 167.370.

(110) Unauthorized use of a livestock animal, as defined in ORS 167.385.

(111) Interference with livestock production, as defined in ORS 167.388.

(112) A violation of ORS 167.390.

(113) A violation of ORS 471.410.

(114) Failure to report missing precursor substances, as defined in ORS 475.955.

(115) Illegally selling drug equipment, as defined in ORS 475.960.

(116) Providing false information on a precursor substances report, as defined in ORS 475.965.

(117) Unlawful delivery of an imitation controlled substance, as defined in ORS 475.991.

(118) A violation of ORS 475.992, if it is a felony or a Class A misdemeanor.

(119) A violation of ORS 475.993, if it is a felony or a Class A misdemeanor.

(120) A violation of ORS 475.994.

(121) A violation of ORS 475.995, if it is a felony or a Class A misdemeanor.

(122) A violation of ORS 475.999 (1)(a).

(123) Misuse of an identification card, as defined in ORS 807.430.

(124) Unlawful production of identification cards, licenses, permits, forms or camera cards, as defined in ORS 807.500.

(125) Transfer of documents for the purposes of misrepresentation, as defined in ORS 807.510.

(126) Using an invalid license, as defined in ORS 807.580.

(127) Permitting misuse of a license, as defined in ORS 807.590.

(128) Using another's license, as defined in ORS 807.600.

(129) Criminal driving while suspended or revoked, as defined in ORS 811.182, when it is a felony.

(130) Driving while under the influence of intoxicants, as defined in ORS 813.010, when it is a felony.

(131) Unlawful distribution of cigarettes, as defined in { - section 3 of this 2001 Act - } { + ORS 323.482 + }. { + (132) Terrorism, as defined in section 1 of this 2003 Act.

+ } { - (132) - } { + (133) + } An attempt, conspiracy or solicitation to commit a crime in subsections (1) to { - (131) - } { + (132) + } of this section if the attempt, conspiracy or solicitation is a felony or a Class A misdemeanor.

[vannrox]

(1001 Abuse of a Kitchen Sink!
Give me a break! This guy is acting like a tyrantical dicttor or at the very least, like a Democrat!
ERP!

[Billy_bob_bob]

As I understand it, one of the goals of terrorists is to provoke a response from those interests that are the target of their terror. One of the most classic and most desired responses is to provoke the target into overreacting to such a degree that the target loses the support of their own population.

With that having been said, this bill looks to me like an Osama wet dream. I doubt that Osama himself could has written a bill more likely to convince the average citizen that their government is completely out of control and has lost all touch with reality, and is therefore illegimate and deserving of active resistance.

Way to go, Oregon! Did you guys hire anyone court clerks named Osama lately?

[gitmo]

Is this saying that DUI, Prostitution, gambling, or using a gun illegally, or recording a concert are terrorist acts punishable by 25 years in prison without parole? I'm not good at reading this legal blurbage, but that's what it looks like. SHEESH.

[gitmo]

Unauthorized use of a livestock animal

What the heck? Mental images go away!

[The Duke]

(38) Unlawful labeling of a sound recording, as defined in ORS 164.868.

(39) Unlawful recording of a live performance, as defined in ORS 164.869.

(40) Unlawful labeling of a videotape recording, as defined in ORS 164.872.

So, what are our soldiers giving their lives for?

[JohnathanRGalt]

Is this saying that DUI, Prostitution, gambling, or using a gun illegally, or recording a concert are terrorist acts punishable by 25 years in prison without parole?
_____________________

Yep,

(89) Prostitution, as defined in ORS 167.007.
(90) Promoting prostitution, as defined in ORS 167.012.
(91) Compelling prostitution, as defined in ORS 167.017.
(92) Exhibiting an obscene performance to a minor, as defined in ORS 167.075.
(93) Unlawful gambling in the second degree, as defined in ORS 167.122.
(94) Unlawful gambling in the first degree, as defined in ORS 167.127.
(95) Possession of gambling records in the second degree, as defined in ORS 167.132.
(96) Possession of gambling records in the first degree, as defined in ORS 167.137.
(97) Possession of a gambling device, as defined in ORS 167.147.

[Billy_bob_bob]

I have read and re-read this bill, and each time I experience the same kind of queasy disassociation that I experienced the first time I saw "Glen or Glenda". I keep thinking "this is wrong, nobody could have really made this. This is a fever dream, this cannot be reality." Little did I know about the awesome power of Ed Wood, and his patented "confuse-o-rama" technique of storytelling.

This guy, this State Senator John Minnis (R-Fairview), is the Ed Wood of lawmakers! With no real concept of anything that has to do with the basic fundamentals, he crafts legislation that stuns opponents into submission. They are left standing in a daze, unable to comprehend the sheer hideousness of his proposed legislation, dazzled by the overwhelming hubris combined with ineptitude that is the hallmark of the truly incapable.

This bill is to proposed laws what "Glen or Glenda" is to cinema, only far less amusing.

[Gritty]

This bill appears to be simply outrageous, unless I am reading it wrong. This seems to be a license for locking nearly everybody in the State of Oregon away for 25 years!

On the bright side, I didn't see "Spitting On The Sidewalk" or "Running A STOP Sign" mentioned as any of the above mentioned heinous crimes, punishable with the same severity as if they were "murder".

[gitmo]

I was hoping it was my inability to read legal.

Sigh.

[Sandy]

You're reading it wrong.

The "crime of terrorism" is defined in Section 1, paragraphs (1) and (2). Needless to say, the definition needs some *ahem* tinkering.

Section 3 is pretty much unrelated to Section 1; it's just a list of crimes which are subject to the forfeiture provisions of Chapter 666. Meaning, if you commit any of the listed crimes, any property used in the commission of those crimes may be confiscated by the state. The "crime of terrorism" is simply being added to the bottom of the pre-existing list.