News Release
For Immediate Release
September 27, 2001
 

Greenleaf Pushes State Anti-Terror Package

HARRISBURG – Sen. Stewart J. Greenleaf, R-Montgomery/Bucks, is offering a package of bills aimed at curbing terrorist activities in the commonwealth and punishing those who abet terrorism. 

The measures would establish a crime of terrorism with enhanced penalties and crimes of soliciting or providing support for an act of terrorism, and hindering prosecution of terrorism; permit roving wiretaps in terrorism-related investigations; and allow for the seizure of assets of those who abet terrorist activities.  Other bills in the Greenleaf package would provide for a memorial to victims of the September 11 attacks and for the expedited probating of the estates of victims whose bodies may not be recovered or identified.

"Through hindsight, we can see that such laws are overdue.  Revelations each day following the horrific events of September 11 indicate that terrorist networks have been and are operating in states across the country.  Particularly disturbing are the unfolding allegations about the unlawful issuance of a number of hazardous waste hauling permits by a licensing examiner in the State Department of Transportation," Greenleaf said.

"We must not allow ourselves to be frozen by the great tragedy we have experienced or lulled by the welcome surge of unity and patriotism we are feeling in its aftermath.  We must hit the ground running with new laws to facilitate the tracking of terrorist activities and make a long term commitment to ferreting out and removing from society those intent on committing heinous acts against innocent citizens for a political or ideological goal."

Greenleaf’s proposed anti-terrorism act, which is modeled on a recently enacted New York law, would provide that a crime committed as part of a terrorist act would be classified one degree higher than the underlying crime and would trigger more severe punishment.  Under the proposed new crimes of soliciting, providing material support for, or hindering prosecution of terrorism, a person who knowingly abets an act of terrorism or a terrorist fleeing prosecution would be charged with felony offenses.  Additionally, a homicide committed in an act of terrorism would be considered an aggravating circumstance in the determination of a sentence of death.

Another bill in the Greenleaf package would authorize roving wiretaps in the investigation and prosecution of terrorist activities.  Roving wiretaps enable law enforcement to utilize electronic surveillance on a variety of communications devices used by an individual under investigation.  Instead of being limited to placing a wiretap on a home phone or other single instrument of communication used by a person under surveillance, the roving wiretap authorizes law enforcement to tap into any device that the subject of the investigation may be using.  Such taps are extremely useful since those involved in clandestine activities often switch phones to avoid tracking by conventional surveillance.

The Greenleaf package also provides that a civil action seeking damages for death or injury or for the destruction of property may be brought against the assets of a terrorist, a terrorist organization, or those who knowingly provided support or assistance in the planning or carrying out of the terrorist action.

A bill to eliminate legal red tape involved in probating the wills of state residents who died in the September 11 attacks would waive the seven-year waiting period for a missing person to be declared dead.  It would also waive a statutory alternative to the seven-year period--a court-ordered process whereby a notice must be published in a newspaper every week for four weeks notifying the public that a petition to declare the person dead has been filed in court and that a court hearing will be held at least two weeks after the last advertisement.  Greenleaf said that a law expediting the process for families of victims by allowing a court to issue an immediate determination of death should spare family members additional costs and stress.

Another measure offered by the senator would memorialize the victims of the terrorist attacks in New York, Virginia, and Pennsylvania by establishing a memorial located in or near Independence Park in Philadelphia.  The bill calls for input from design professionals and victims’ families in the design of the monument.  Greenleaf said the memorial was suggested by a constituent who would like an eternal flame to burn in memory of the victims at a location signifying freedom and the American spirit.