Andy's Law Exposed (Draft)

Andy's Law is a draft bill that will be introduced by ALEC's Civil Justice Task Force at the 2016 Annual Meeting. (Accessed via ALEC.org July 6, 2016).

ALEC Draft Bill Text

Summary

Andy's Law provides for a civil cause of action, including treble damages and attorneys fees, for injuries to persons and property caused by terrorist acts against those committing or intentionally supporting terrorist acts.

Civil remedy for terrorism or aiding others in terrorism.

Section 1. {Definitions}

Terrorism. [the below definition can be employed, but if the state has a sufficient definition of terrorism, the existing state definition should be referenced]

A. “Terrorism” is the commission of any of the acts enumerated in this Subsection, when the offender has the intent to intimidate or coerce the civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by intimidation or coercion:

• Killing of a human being, including unlawful homicide or manslaughter, as defined in [state statute].

• Intentional infliction of great bodily injury upon a human being.

• Kidnapping, as defined in as defined in [state statute].

• Arson, as defined in [state statute].

• Felony vandalism, as defined in [state statute].

• Assault with a deadly weapon, as defined in [state statute].

• Robbery, as defined in [state statute].

• Shooting at an inhabited dwelling or occupied motor vehicle, as defined in [state statute].

• Discharging or permitting the discharge of a firearm from a motor vehicle, as defined in [state statute].

• Rape, as defined in [state statute].

• Looting, as defined in [state statute].

• Mayhem, as defined in [state statute].

• Torture, as defined in [state statute].

• Carjacking, as defined in [state statute].

• Threats to commit crimes resulting in death or great bodily injury, as defined in [state statute].

• Using or directly employing against another person a weapon of mass destruction in a form that may cause widespread great bodily injury or death as defined in [state statute].

• Using a weapon of mass destruction in a form that may cause widespread damage to or disruption of the food supply as defined in [state statute].

• Using recombinant technology or any other biological advance to create new pathogens or more virulent forms of existing pathogens for use in any crime as defined in [state statute].

• Giving, mailing, sending, or causing to be sent any false or facsimile of a weapon of mass destruction to another person, or place, causing to be placed, or possessing any false or facsimile of a weapon of mass destruction, with the intent to cause another person to fear for his or her own safety, or for the personal safety of others as defined in [state statute].

• Knowingly threatening to use a weapon of mass destruction as defined in [state statute].

A. Aiding a person or entity who commits an act of terrorism. [the below definitions can be employed, but if the state has sufficient definitions of similar accessory crimes, including material support of terrorism, the existing state definition(s) should be referenced]

• “Aiding a person or entity who commits an act of terrorism” is the raising, soliciting, collecting, or providing material support or resources with intent that such will be used, in whole or in part, to plan, prepare, carry out, or aid in any act of terrorism or hindering the prosecution of terrorism or the concealment of, or escape from, an act of terrorism.

• “hindering prosecution of terrorism” shall include, but not be limited to, the following:

• Harboring or concealing a person who is known or believed by the defendant person or entity to be planning to commit an act of terrorism.

• Warning a person who is known or believed by the defendant person or entity to be planning to commit an act of terrorism of impending discovery or apprehension.

• Suppressing any physical evidence that might aid in the discovery or apprehension of a person who is known or believed by the offender to be planning to commit an act of terrorism.

• “material support or resources” means currency or other financial securities, financial services, instruments of value, lodging, training, safehouses, false documentation or identification, communications equipment, computer equipment, software, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except the provision of medical attention by a licensed health care provider or religious materials.

Section 2. {Civil Action}

A person who is injured by an act of terrorism has a cause of action against:

• any person or entity who intentionally committed the act of terrorism;

• any person or entity who intentionally aided the person or entity who committed the act of terrorism; and

• any person or entity who intentionally coerced, induced, or solicited the person or entity who committed the act of terrorism.

• Such person who is so injured shall be entitled to threefold the actual damages sustained, or ten thousand dollars, whichever is greater, as well as attorney’s fees, costs of investigation, and costs of litigation reasonably incurred in the trial and appellate courts.

Section 3. {Joint and Several Liability}

Any person or entity who intentionally committed such act of terrorism, any person or entity who intentionally aided the person or entity who committed the act of terrorism, and any person or entity who intentionally coerced, induced, or solicited the person or entity who committed the act of terrorism, shall be liable jointly and severally for all damages, attorney’s fees, and costs of investigation and litigation.

Section 4. {Statute of Limitations}

Notwithstanding any other provision of law, such civil action or proceeding may be commenced at any time within five years after the injury caused by the act of terrorism is suffered. If a criminal prosecution proceeds against any person or entity who committed the act of terrorism, or against any person or entity who aided the person or entity who committed the act of terrorism, or against any person or entity who coerced, induced, or solicited the person or entity who committed the act of terrorism, the running of the period shall be suspended during the pendency of such prosecution.

Section 5. {Issue Preclusion}

A final judgment or decree rendered in favor of the state in any criminal proceeding shall preclude the defendant from denying the essential facts established in that proceeding in any subsequent civil action pursuant to this [statute].

Section 6. {Civil Forfeiture}

All property, including money, used in the course of, intended for use in the course of, derived from, or realized through, conduct in violation of a provision of [above] is subject to civil forfeiture [as provided in state statute].

Section 7. {Severability Clause}

Section 8. {Repealer Clause}

Section 9. {Effective Date}