Assembly panel considers Nevada terrorism bill

CARSON CITY, Nev. (AP) -- Terrorists responsible for fatal attacks could face death sentences, under an Assembly leader's bill discussed Wednesday by Nevada lawmakers.

Assembly Speaker Richard Perkins' AB250 is similar to other anti-terrorism proposals that were reviewed previously. The speaker, however, requested an amendment to alleviate concerns about the scope of his legislation.

Perkins, D-Henderson, said the proposed change comes from language used in a Washington state proposal. The idea is make sure acts of civil disobedience or protest are still protected, legal rights.

The amendment would change the definition of terrorism to apply only to an act that is "dangerous to human life that is a violation of the criminal laws of the state of Nevada."

AB250 also outlines penalties -- including a provision that lists terrorism among the aggravating factors in first-degree murder cases that make people eligible for the death penalty.

Some groups worried about overly broad terrorism laws termed Perkins' amendment a good step forward -- but added it still doesn't guarantee the narrow legal interpretation they're seeking.

Jim Jackson, a lobbyist for Nevada Attorneys for Criminal Justice, said it's imperative that the legislative intent is clearly articulated in the measure.

"This law, if and when passed, is intended to be applied only to specific acts of terrorism and is not to be used in any manner, shape, way or form on what would otherwise be considered state crimes -- specifically crimes involving domestic gangs and things such as that," Jackson said.

Perkins also suggested a 3-paragraph preamble to make sure the legislative intent is clear.

"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," the preamble states.

Assemblymen William Horne, D-Las Vegas, and Marcus Conklin, D-Las Vegas, said they had concerns that bill language incriminating people who "knowingly" aid terrorist acts could be too broadly interpreted.

"I don't think it's a huge stretch ... for somebody to say, 'Well, why wouldn't he know?"' Horne said.

Washoe County District Attorney Richard Gammick told the lawmakers the word "knowingly" assumes a participatory role in a crime, and that all the due process provisions would still apply.

Perkins said that while all of the acts covered under his bill are already illegal, it's still necessary to codify terrorism in Nevada's statutes and to increase the penalties.

"The people who do these types of despicable things deserve to be punished more stringently," Perkins said. "We need to send a message loud and clear that we're not going to stand for that and it will carry a more strict punishment."

Two other anti-terrorism bills, SB38 and AB99, already have been reviewed by lawmakers. Civil liberties groups withheld support of those measures because of concerns about infringements on First Amendment rights.

No action has been taken on any of the anti-terrorism proposals.

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