Pennsylvania Governor Signs Ecoterrorism Bill into Law

16 April 2006

Pennsylvania Governor Edward G. Rendell said Pennsylvania will be better able to protect people from intimidation and natural resources from unlawful acts of desecration with his signing of an ecoterrorism bill into law.

The Governor today signed House Bill 213 into law. The bill amends the state's crimes code to include the offense of "ecoterrorism."

"Destroying property, intimidating Pennsylvania residents or illegally confiscating animals as a way of political protest will not be tolerated in Pennsylvania," said Governor Rendell. "This state is putting measures in place to protect all of our citizens, as well as our natural resources. HB 213 adds an additional safeguard so that we can ensure that our homes and our lands aren't mistreated or vandalized by senseless acts."

Considered a criminal offense, ecoterrorism is defined as a person committing one of a number of "specified offenses against property" with the intent to intimidate or coerce another individual lawfully participating in an activity which involves animals, plants, or natural resources - or the use of an animal, plant, or natural resource facility; or by committing a specified offense against property with the intent to prevent a person from lawfully participating in an activity involving animals, plants or natural resources, or using an animal, plant, or natural resource facility.

Specified offenses against property include:

-- Certain arson offenses;

-- Causing or risking catastrophe;

-- Criminal mischief;

-- Institutional vandalism;

-- Agricultural vandalism;

-- Agricultural crop destruction;

-- Burglary, if committed in order to commit another specified offense;

-- Criminal trespass if the crime is committed in order to threaten or

terrorize the owner or occupant of the premises;

-- Starting a fire, or defacing or damaging the premises; and

-- Theft by unlawful taking, theft by deception, forgery, or identity

theft.

Under this new section, if the specified offense, which is already classified as a summary offense, is committed as an act of ecoterrorism, it will be considered a misdemeanor of the third degree. If the specified offense is already classified as a misdemeanor or a second- or third-degree felony, then, as an act of ecoterrorism, it will be considered one degree higher than it would be otherwise. If the specified offense is already classified as a felony of the first degree, a person convicted under the ecoterrorism statute will be sentenced to a term of imprisonment fixed by the court at no more than 40 years and may also be sentenced to pay a fine of not more than $100,000.

Additionally, a person who is found guilty of ecoterrorism will be ordered to pay restitution in an amount up to triple the value of the damages incurred as a result of the specified offense.

The bill also provides that a person exercising his right of freedom of petition or freedom of speech under the United States Constitution or the Constitution of Pennsylvania on public property or with the permission of the landowner and is peaceably demonstrating or exercising those rights shall be immune from prosecution or civil liability for ecoterrorism.

Additionally, House Bill 213 adds a section to Title 42 (Judiciary and Judicial Procedure) to provide for a civil action for a person aggrieved by an act of ecoterrorism. Such person may sue for compensatory damages, punitive damages, reasonable investigative expenses, reasonable attorneys' fees, and other costs associated with litigation. Damages are to be limited to triple the market value of the property prior to damage and actual damages to the property. The aggrieved party may also petition for injunctive relief, in which case the court may issue a temporary restraining order, preliminary injunctions, or permanent injunction.

Finally, HB 213, sponsored by Rep. Robert W. Godshall (R-Montgomery), also amends the section of the Pennsylvania Crimes Code pertaining to agricultural crop destruction, to provide that under that section, an offender is not responsible to pay the aggrieved party attorneys' fees and court costs.

The House passed the bill 168-16 and the Senate concurred, with amendments, 38-10. The House concurred 188-6. The bill becomes effective in 60 days.

The Rendell Administration is committed to creating a first-rate public education system, protecting our most vulnerable citizens and continuing economic investment to support our communities and businesses. To find out more about Governor Rendell's initiatives and to sign up for his weekly newsletter, visit his Web site at: http://www.governor.state.pa.us.

EDITOR'S NOTE: A copy of the Governor's signing message is below.

To the Honorable, the House of Representatives of the

Commonwealth of Pennsylvania:

Today I signed House Bill 213, which establishes the offense of ecoterrorism. I did so because I believe that this legislation strikes an appropriate balance to protect the safety and property rights of our citizens and the rights of law-abiding individuals who actively voice opposition to particular activity. In my view, in seeking to protect property owners, House Bill 213 does not infringe on individual peaceful protest or non-violent civil disobedience - hallmarks of the precious First Amendment rights that Americans enjoy.

The bill defines "ecoterrorism" as the commission of specified offenses against property intending to intimidate a person who is lawfully participating in an activity involving animals, plants, or natural resource facilities or preventing or obstructing an individual from lawfully participating in those activities. The specified offenses against property are already crimes in Pennsylvania. The purpose of this legislation, however, is to deter politically motivated property destruction with the intent of intimidation.

Persons who seek to influence political discourse by committing crimes against property with the intent of intimidation are putting the lives of innocent law-abiding citizens at risk. In the last decade our nation has witnessed an increasing number of costly and dangerous acts of destruction of property - in the name of animal rights or environmental protection. Most of these protests are lodged against pharmaceutical and other companies that are in the business of developing new medicines to provide treatments and cures for deadly diseases. Those who oppose animal research certainly have the right to use the political process to express their views. But if they intentionally destroy property as part of their protest they should be charged accordingly for any property crimes they have committed. These persons should receive additional punishment because their conduct is intended to intimidate and stop lawful activities.

If this legislation imposed additional penalties on persons who were only engaged in peaceful protest that did not involve property damage, I would have vetoed the bill. But to be subject to the additional penalties imposed under House Bill 213, protesters must do more - they must act against property with the specific intent to intimidate. That type of conduct cannot be countenanced in any free society.

In considering this bill, I met with animal rights activists and read the many letters I received from supporters of the bill. The activists shared with me their concern for their free speech rights. This bill does not infringe upon those rights. Those in favor of this bill cited specific examples of property destruction that in and of themselves are compelling reasons to sign the legislation. One telling example comes from W.B. Saul Agricultural High School in Southeast Pennsylvania. This public high school has been targeted by militant animal rights activists who have not stopped at peaceful protest, but who have vandalized the school, stealing animals and destroying property. That conduct is not protected speech; I believe that House Bill 213 will deter such conduct.

This bill strikes the appropriate balance between protecting the safety of our citizens and their property with one of the most important American freedoms - the right to protest.

Sincerely,

Edward G. Rendell

Governor

CONTACT: Kate Philips, Pennsylvania Office of the Governor, +1-717-783-1116

Source: prnewswire

All trademarks and copyrighted information contained herein are the property of their respective owners.