S3880NOV17

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Week Ending November 17, 2006

S.3880 A bill to provide the Department of Justice the necessary authority to apprehend, prosecute, and convict individuals committing animal enterprise terror.

In response to those whose concern for treatment of animals leads them to frustrated acts of violence, this bill defines and prohibits actions such activists might take and sets punishments and restitutions if convicted. The accused must perform two acts prohibited under this Act to indicate a consistency of purpose or intention.

Anyone who travels in interstate or foreign commerce, or uses or causes to be used the mail or a facility of interstate or foreign commerce for the purposes of damaging or interfering with the operations of an animal enterprise faces serious consequences for some actions they may take.

Action prohibited and punishable under the bill include travel and using the mail to intentionally damage or interfere with the operations of an animal enterprise, causing the loss of any real or personal property related to or used by the animal enterprise, intentionally placing a person in reasonable fear of death or serious bodily injury or the same towards the immediate family or a spouse or intimate partner of the person(s) involved in the animal enterprise.

Animal enterprises include a zoo, aquarium, animal shelter, pet store, breeder, furrier, circus, rodeo or other lawful competitive animal event, a commercial or academic enterprise that uses or sells animals or animal products for profit, food or fiber production, agriculture, education, research or testing.

The prohibited list goes on to include prohibitions and punishment for vandalism, property damage, criminal trespass, harassment or intimidation. Included, too, is conspiracy or attempts to do the same.

Not prohibited is a lawful economic disruption that results from lawful public, governmental or business reaction to the disclosure of information about an animal enterprise.

Violators can face a fine or imprisonment up to 1 year or both if the actions taken do not instill in another the reasonable fear of serious bodily injury or death, results in no economic or bodily injury or results in economic damage less than $10,000. For damages over $10,000 but no more than $100,000 the jail term is 5 years or fines or both. Cause damages over $100,000 and causes substantial bodily injury to another individual and face fines and ten years or both. If damages exceed $1 million and result in serious bodily injury the perpetrator faces 20 years and fines or both. Imprisonment for life and fines if the action results in death.

Restitution is provided for reasonable cost of repeating any experimentation that was interrupted or invalidated, for the loss of food production or farm income, and for other economic damage including losses or costs caused by economic disruption.

Sponsor: Senator James M. Inhofe (R-OK)

Vote: Passed Senate by Unanimous Consent September 30, 2006. Passed House by voice vote November 13, 2006.

Cost to the taxpayers: The cost of such bills are minimal if any. Customarily the US Sentencing Commission will determine the amount of fines from which there may be positive revenue once court costs are subtracted.

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MORE INFORMATION

Definitions- As used in this section--

`(1) the term `animal enterprise' means--

`(A) a commercial or academic enterprise that uses or sells animals or animal products for profit, food or fiber production, agriculture, education, research, or testing;

`(B) a zoo, aquarium, animal shelter, pet store, breeder, furrier, circus, or rodeo, or other lawful competitive animal event; or

`(C) any fair or similar event intended to advance agricultural arts and sciences;

`(2) the term `course of conduct' means a pattern of conduct composed of 2 or more acts, evidencing a continuity of purpose;

`(3) the term `economic damage'--

`(A) means the replacement costs of lost or damaged property or records, the costs of repeating an interrupted or invalidated experiment, the loss of profits, or increased costs, including losses and increased costs resulting from threats, acts or vandalism, property damage, trespass, harassment, or intimidation taken against a person or entity on account of that person's or entity's connection to, relationship with, or transactions with the animal enterprise; but

`(B) does not include any lawful economic disruption (including a lawful boycott) that results from lawful public, governmental, or business reaction to the disclosure of information about an animal enterprise;

`(4) the term `serious bodily injury' means--

`(A) injury posing a substantial risk of death;

`(B) extreme physical pain;

`(C) protracted and obvious disfigurement; or

`(D) protracted loss or impairment of the function of a bodily member, organ, or mental faculty; and

`(5) the term `substantial bodily injury' means--

`(A) deep cuts and serious burns or abrasions;

`(B) short-term or nonobvious disfigurement;

`(C) fractured or dislocated bones, or torn members of the body;

`(D) significant physical pain;

`(E) illness;

`(F) short-term loss or impairment of the function of a bodily member, organ, or mental faculty; or

`(G) any other significant injury to the body.

`(e) Rules of Construction- Nothing in this section shall be construed--

`(1) to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution;

`(2) to create new remedies for interference with activities protected by the free speech or free exercise clauses of the First Amendment to the Constitution, regardless of the point of view expressed, or to limit any existing legal remedies for such interference; or

`(3) to provide exclusive criminal penalties or civil remedies with respect to the conduct prohibited by this action, or to preempt State or local laws that may provide such penalties or remedies.'.

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