Analysis

Synopsis:

 House Bill 70 (HB 70) amends the Antiterrorism Act and the Computer Crimes Act to create the crimes of terrorism, cyberterrorism, possessing a terroristic weapon and making a terroristic threat; provides for concurrent jurisdiction of crimes under the Antiterrorism Act and requires information sharing and reporting.  

Analysis:

 House Bill 70 (HB 70) amends the Antiterrorism Act and the Computer Crimes Act to create the crimes of terrorism, cyberterrorism, possessing a terroristic weapon and making a terroristic threat; provides for concurrent jurisdiction of crimes under the Antiterrorism Act and requires information sharing and reporting.  

First, the bill requires the Department of Homeland Security and Emergency Management to maintain the New Mexico All Source Intelligence Center (Center).  The (Center) is a cross-jurisdictional partnership between local, state, and federal agencies to support the development of plan to protect the state from border, criminal and terrorist threats.  

Second, the bill adds and amends definitions in the Antiterrorism Act (Act).  The bill adds a definition for “community center” to also include daycare centers; “place of worship”; “public accommodation” (which does not include a private club); and “school” (including public, private or charter schools).  

Third, the bill amends what is a crime under the Antiterrorism Act and increases certain penalties.  The bill clarifies that for the crime of teaching or training another in the use of firearms or destructive device, that person must have the intent that it be used to commit terrorism.  The bill increases the penalty for that crime from a fourth-degree felony to a third-degree felony.  The bill then creates the second-degree felony crime of “terrorism”, which is committing any act that causes great bodily harm or death with the intent to (1) intimidate or coerce a population, such as mass violence in a place of worship or public accommodation; (2) influence the policy of a governmental entity; (3) affect the conduct of a governmental entity or public accommodation by mass destruction, assassination, kidnapping or a serious violent offense.  The bill creates the third-degree felony crime of “possessing a terroristic weapon”.  The bill also creates the third-degree felony crime of “making a terroristic threat involving a school, community center, place of worship or public accommodation.”  Such a threat consists of a specific threat to commit an act of terrorism, including an on-line threat, with the intent to cause a reaction, fear, or interrupt the use of that place.  The bill provides that the Attorney General and the district attorney have concurrent jurisdiction to enforce the Act.    

Fourth, the bill enacts a new section of the Act to require state entities to share information received regarding cyberterrorism or terrorism to the New Mexico All Source Intelligence Center (Center) within 24 hours.  The Center must coordinate with federal, state and local entities to detect and prevent cyberterrorism and terrorism.  The bill provides that this information is not subject to inspection pursuant to the Inspection of Public Records Act.   

Finally, the bill enacts a new section of the Computer Crimes Act to add the third-degree felony crime of cyberterrorism.  Cyberterrorism is (1) committing any acts prohibited by the Computer Crimes Act with the intent to intimidate, coerce, or influence a population or entities; or (2) committing a denial of service attack with the intent to intimidate, coerce or influence a population or entities. The computer network must be either: administered by a governmental entity, is a utility provider, or is a financial institution.  A “denial of service attack” to mean preventing authorized access to computer resources by unlawfully inundating or overloading a network or unlawfully attempting to inundate or overload a computer service.   

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