An anti-terrorism bill that could lead to death sentences in some cases is so broad that a geologist who collects uranium rock samples could face charges, Nevada lawmakers were told Wednesday.
Joe Johnson, a geologist who lobbies for the Sierra Club, told the Senate Judiciary Committee that SB38 needs to be narrowed to avoid potential abuses.
Johnson noted the bill prohibits stockpiling of potentially hazardous materials -- including naturally occurring materials like uranium -- that could be used in weapons.
"I could easily be categorized and called a terrorist," said Johnson, adding that in his work as a geologist he built up a collection of uranium ore samples.
Richard Siegel, head of the American Civil Liberties Union of Nevada, also argued that SB38 is too broad -- especially in its "extremely problematical" definition of acts of terrorism.
Siegel said the definition includes acts that would disrupt or impair various government operations -- and could be taken by an overzealous prosecutor to include labor strikes or large demonstrations.
Such cases might lead to incidents that "may very well be criminal acts -- but they are not terrorism," Siegel said.
Siegel also questioned a section that makes it a crime to "hinder, delay or obstruct the prosecution of a terrorist." He said defense lawyers "hinder, delay and obstruct every single day" as part of their job.
Siegel also said without revisions the bill might extend to people who unwittingly donate money to terrorists thinking they're helping some charitable cause.
Gerald Gardner, chief of the attorney general's criminal justice division, defended SB38 as constitutional. Gardner said it's "absolutely false" to say it would trample on peoples' rights.
"We're not talking about lawful civil disobedience here," Gardner told the committee.
Sen. Dennis Nolan, R-Las Vegas, questioned whether the bill, sponsored chiefly by Senate Majority Leader Bill Raggio, R-Reno, could be used by a prosecutor to threaten a defendant in a bank robbery case.
Gardner said robberies to get money for terrorist causes could come under the bill, but not robberies just for money.
The definition of terrorism in the bill includes threats of sabotage or violence intended to "intimidate or coerce" the public; "disrupt, affect or influence the conduct or policy" of any government entity; or cause "widespread panic or civil unrest" by disrupting public communications or services.
The measure increases penalties for several terrorism-related actions, allows terrorism prosecution without any statute of limitations, and classifies terrorist killings as first-degree murder punishable by the death penalty.
It also outlaws "any substance, material or product that another person reasonably could believe is any weapon of mass destruction," and provides for penalties if somebody plans to use the substance to "injure, intimidate, frighten, alarm or distress any person."
