News Release
For Immediate Release
December 5, 2001
 

Greenleaf Anti-Terrorism Bill and Probate Code Change Bill Pass Senate

HARRISBURG – A measure to establish new offenses and enhanced penalties relating to terrorist acts and a Probate Code bill that would help expedite the settling of the estates of Pennsylvania victims of the September 11 terrorist attacks passed the Senate this week.

Sen. Stewart J. Greenleaf, the sponsor of both proposals, said that the goal of the estates provision in one bill is to help victims’ families and that the goal of the anti-terrorism bill is to help prevent future victimization by terrorists in the commonwealth.

Senate Bill 1000, which passed unanimously, would establish a crime of terrorism for offenders who commit or conspire to commit an act of violence, endangerment, or mass destruction with the aim of influencing government or intimidating civilians.  Penalties for crimes committed for terroristic purposes would be enhanced to provide for tougher sentencing of those convicted.

Other crimes established under the bill target those who solicit for or provide support for terrorism or terrorist organizations and those who hinder prosecution of terrorists.

Additionally, the measure provides a right to file an action to recover damages against terrorists, terrorist organizations, or those who knowingly provided support for a terrorist action or terrorist organization that resulted in death, injury, or property damage. The assets of the terrorist, organization, or person aiding terrorism could be seized to enforce the judgment.

"Even though a law may not dissuade a terrorist bent on self-destruction from committing a violent act, this legislation may have an impact on others who think they can provide support for terrorist activities and organizations and get away with it.  Under this bill, anyone who supplies terrorists with money or other material support will risk jail time and the loss of their assets," Greenleaf said.

Senate Bill 1014, which is an update of the Probate Code, contains a provision to eliminate legal red tape involved in probating the wills of state residents who died in the September 11 terrorist attacks.  Under the provision, the seven-year waiting period for a missing person to be declared dead would be waived.  Also waived would be the statutory alternative to the waiting period.  The alternative requires court-ordered publication of a death notice in a newspaper over a four-week period, followed by a court proceeding for the official declaration of death.  The provision in Senate Bill 1014 eliminates the red tape for families of September 11 victims and allows for expedited settlement of their estates.

Other provisions of the legislation are Probate Code amendments based on recommendations of the Joint State Government Commission Advisory Committee on Decedents’ Estates Laws.  Notable among these amendments is the Pennsylvania Uniform Principal and Income Act that provides guidelines for trustees in separating principal and income for distribution to beneficiaries.  The uniform act has been adopted by 25 other states, and, because of interstate investment, adoption by all states is considered important.