A5558

An Act concerning terrorist organizations and amending P.L.2002, c.26.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 5 of P.L.2002, c.26 (C.2C:38-5) is amended to read as follows:

5. Soliciting or Providing Material Support or Resources for Terrorism.

a. As used in this section:

"Charitable organization" means: (1) any person determined by the federal Internal Revenue Service to be a tax exempt organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. s.501(c)(3); or

(2) any person who is, or [holds himself out] represents to be, established for any benevolent, philanthropic, humane, social welfare, public health, or other eleemosynary purpose, or for the benefit of law enforcement personnel, firefighters or other persons who protect the public safety, or any person who in any manner employs a charitable appeal as the basis of any solicitation, or an appeal which has a tendency to suggest there is a charitable purpose to any such solicitation.

"Charitable purpose" means: (1) any purpose described in section 501 (c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. s.501(c)(3); or (2) any benevolent, philanthropic, humane, social welfare, public health, or other eleemosynary objective, or an objective that benefits law enforcement personnel, firefighters, or other persons who protect the public safety.

"Material support or resources" means: (1) services or assistance with knowledge or purpose that the services or assistance will be used in preparing for or carrying out an act of terrorism in violation of section 2 of P.L.2002, c.26 (C.2C:38-2); (2) currency, financial securities or other monetary instruments, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, including but not limited to persons recruited to participate directly or indirectly in a terrorist organization, transportation and other physical assets or anything of value; or (3) any chemical weapon, or any biological agent, toxin, vector or delivery system for use as a weapon, or any nuclear or radiological device, as defined in subsection c. of section 3 of P.L.2002, c.26 (C.2C:38-3).

"Professional fund raiser" means any person who for compensation performs for a charitable organization any service in connection with which contributions are or will be solicited in this State by that compensated person or by any compensated person [he] that the professional fundraiser employs, procures, or engages, directly or indirectly to solicit contributions. A bona fide salaried officer, employee, or volunteer of a charitable organization shall not be deemed to be a professional [fund raiser] fundraiser. No attorney, accountant, or banker who advises a person to make a charitable contribution during the course of rendering professional services to that person shall be deemed, as a result of that advice, to be a professional [fund raiser] fundraiser.

“Terrorism” means the crime of terrorism established pursuant to section 2 of P.L.2002, c.26 (C.2C:38-2).

“Terrorist organization” means any organization designated by the United States Secretary of State as a foreign terrorist organization pursuant to 8 U.S.C. s.1189, and shall also include any person, group, association, or organization, whether or not it represents itself as serving a benevolent, philanthropic, humane, social welfare, public health, or other eleemosynary or lawful purpose, that: (1) has participated in the planning or preparation of, conspired to commit, or committed an act of terrorism; (2) has solicited, transported, or otherwise provided material support or resources to knowingly aid, plan, prepare, or carry out an act of terrorism; or (3) through the conduct of its trustees, directors, officers, employees, agents, servants, volunteers, or other representatives, or through its publications, communications, programs, or activities, knowingly engages in a pattern of advocating, encouraging, or inciting persons to commit or participate in acts of terrorism.

“Victim” means a person or the representative of a person who suffers personal, physical, or psychological injury or death, or incurs loss of or injury to personal or real property as a result of an act of terrorism.

b. (1) It shall be unlawful for any person, charitable organization or professional [fund raiser] fundraiser to solicit, transport, or otherwise provide material support or resources with the purpose or knowledge that such material support or resources will be used, in whole or in part, to aid, plan, prepare, or carry out an act of terrorism [in violation of section 2 of P.L.2002, c.26 (C.2C:38-2)] or with the purpose or knowledge that such material support or resources are to be given, in whole or in part, to a person or an organization that has committed [or] , has the purpose to commit, or has threatened to commit an act of terrorism [in violation of section 2 of P.L.2002, c.26 (C.2C:38-2)].

(2) It shall be unlawful for any person, charitable organization, or professional [fund raiser] fundraiser to solicit, transport, or otherwise provide material support or resources to or on behalf of a [person or an organization that is designated as a foreign] terrorist organization [by the United States Secretary of State pursuant to 8 U.S.C. s.1189]. It shall not be a defense to a prosecution for a violation of this [section] paragraph involving an organization designated by the United States Secretary of State as a foreign terrorist organization pursuant to 8 U.S.C. s.1189 that the actor did not know [that] of the [person or organization is designated as a foreign terrorist organization] organization’s designation .

c. (1) A person who violates the provisions of subsection b. of this section shall be guilty of a crime of the first degree if the act of terrorism in violation of section 2 of P.L.2002, c.26 (C.2C:38-2) results in death. Otherwise, it is a crime of the second degree.

(2) Any person found guilty of violating this section shall be liable in a civil action for damages brought by a victim of terrorism.

(cf: P.L.2002, c.26, s.5)

2. This act shall take effect immediately.

STATEMENT

This bill expands the definition of terrorist organization for the crime of providing resources or material support for terrorism.

Under current law, it is a second-degree crime for a person, charitable organization, or professional fundraiser to solicit, transport, or otherwise provide material support or resources to or on behalf of a person or organization designated as a foreign terrorist organization by the United States Secretary of State pursuant to federal law. If the terrorism results in death, it is a first-degree crime. A second-degree crime is punishable by five to 10 years' imprisonment and a fine of up to $150,000, or both. A first-degree crime is punishable by 10 to 20 years' imprisonment and a fine of up to $200,000, or both. This bill expands the definition of terrorist organization to include persons or groups that engage in certain terrorism-related conduct or activities, regardless of federal designation.

The bill defines “terrorist organization” as any organization designated by the United States Secretary of State as a foreign terrorist organization pursuant to 8 U.S.C. s.1189, and any person, group, association, or organization, whether or not it represents itself as serving a benevolent, philanthropic, humane, social welfare, public health, or other eleemosynary or lawful purpose, that: (1) has participated in the planning or preparation of, conspired to commit, or committed an act of terrorism; (2) has solicited, transported, or otherwise provided material support or resources to knowingly aid, plan, prepare, or carry out an act of terrorism; or (3) through the conduct of its trustees, directors, officers, employees, agents, servants, volunteers, or other representatives, or through its publications, communications, programs, or activities, knowingly engages in a pattern of advocating, encouraging, or inciting persons to commit or participate in acts of terrorism.

In addition, under the bill, a victim of terrorism would be authorized to bring a civil action for damages against any person or organization found guilty of soliciting or providing material support or resources for terrorism. The bill defines “victim” as a person or the representative of a person who suffers personal, physical, or psychological injury or death, or incurs loss of or injury to personal or real property as a result of an act of terrorism.