[FEL-L] RE: Support Animal Enterprise Terrorism Act (action needed now)

[Bigcats10 at aol.com]

Passed on for cross post.

PLEASE CROSS POST WIDELY...ASAP....SUPPORT S. 3880/H. 4239

Dear  Friends,

The Animal Enterprise Terrorism Act is coming to the House floor  Monday for 
a vote. We are for this bill and it would be a major victory to get  it 
passed. Please go to capwiz at  _http://capwiz.com/naiatrust/home/_ 
(http://capwiz.com/naiatrust/home/)    and click on  H 4239  and follow instructions to write 
your  representative now to support this bill. (H. 4239 and S. 3880 are the 
same  bill.) This bill will help protect all of us who work with birds and 
animals.  Please also take the time to phone your Representative's office and ask 
for  their support on this anti-animal rights terrorist bill. Phone numbers can 
be  found at the same capwiz site under Elected Officials.

All the animal  rights radicals are writing against it making outlandish 
claims about it  prohibiting free speech. In fact the text of the amended bill 
states clearly  that nothing in the bill shall be construed as overriding first 
amendment  protections. Activists also claim it's against boycotts, but the 
language of the  bill specifically cites boycotts and not being affected by the 
language of the  bill. Read the actual bill passed by the senate below and 
write your  representative  now!
__________________________________________________________
Here's the  bill as passed by the senate

109th CONGRESS 2d Session   S.  3880

AN ACT  To provide the Department of Justice the necessary  authority to 
apprehend, prosecute, and convict individuals committing animal  enterprise 
terror. 

Be it enacted by the Senate and House of  Representatives of the 
United States of America in Congress  assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the  `Animal Enterprise Terrorism Act' .

SEC. 2. INCLUSION OF ECONOMIC DAMAGE  TO ANIMAL ENTERPRISES AND 
THREATS OF DEATH AND SERIOUS BODILY INJURY TO  ASSOCIATED PERSONS.

(a) In General- Section 43 of title 18, United States  Code, is 
amended to read as follows:

`Sec. 43. Force, violence, and  threats involving animal enterprises

`(a) Offense- Whoever travels in  interstate or foreign commerce, or 
uses or causes to be used the mail or any  facility of interstate or 
foreign commerce--

`(1) for the purpose of  damaging or interfering with the operations 
of an animal enterprise ;  and

`(2) in connection with such purpose--

`(A) intentionally  damages or causes the loss of any real or personal 
property (including  animals or records) used by an animal 
enterprise , or any real or personal  property of a person or entity 
having a connection to, relationship with, or  transactions with an 
animal enterprise ;

`(B) intentionally places a  person in reasonable fear of the death 
of, or serious bodily injury to that  person, a member of the 
immediate family (as defined in section 115) of that  person, or a 
spouse or intimate partner of that person by a course of  conduct 
involving threats, acts of vandalism, property damage, criminal  
trespass, harassment, or intimidation; or

`(C) conspires or attempts  to do so;

shall be punished as provided for in subsection  (b).

`(b) Penalties- The punishment for a violation of section (a) or an  
attempt or conspiracy to violate subsection (a) shall be--

`(1) a  fine under this title or imprisonment not more than 1 year, or 
both, if the  offense does not instill in another the reasonable fear 
of serious bodily  injury or death and--

`(A) the offense results in no economic damage or  bodily injury; or

`(B) the offense results in economic damage that does  not exceed 
$10,000;

`(2) a fine under this title or imprisonment for  not more than 5 
years, or both, if no bodily injury occurs and--

`(A)  the offense results in economic damage exceeding $10,000 but not 
exceeding  $100,000; or

`(B) the offense instills in another the reasonable fear of  serious 
bodily injury or death;

`(3) a fine under this title or  imprisonment for not more than 10 
years, or both, if--

`(A) the  offense results in economic damage exceeding $100,000; or

`(B) the  offense results in substantial bodily injury to another  
individual;

`(4) a fine under this title or imprisonment for not more  than 20 
years, or both, if--

`(A) the offense results in serious  bodily injury to another 
individual; or

`(B) the offense results in  economic damage exceeding $1,000,000; and

`(5) imprisonment for life or  for any terms of years, a fine under 
this title, or both, if the offense  results in death of another 
individual.

`(c) Restitution- An order of  restitution under section 3663 or 3663A 
of this title with respect to a  violation of this section may also 
include restitution--

`(1) for the  reasonable cost of repeating any experimentation that 
was interrupted or  invalidated as a result of the offense;

`(2) for the loss of food  production or farm income reasonably 
attributable to the offense;  and

`(3) for any other economic damage, including any losses or costs  
caused by economic disruption, resulting from the offense.

`(d)  Definitions- As used in this section--

`(1) the term `animal enterprise'  means--

`(A) a commercial or academic enterprise that uses or sells  animals 
or animal products for profit, food or fiber production,  agriculture, 
education, research, or testing;

`(B) a zoo, aquarium,  animal shelter, pet store, breeder, furrier, 
circus, or rodeo, or other  lawful competitive animal event; or

`(C) any fair or similar event  intended to advance agricultural arts 
and sciences;

`(2) the term  `course of conduct' means a pattern of conduct composed 
of 2 or more acts,  evidencing a continuity of purpose;

`(3) the term `economic  damage'--

`(A) means the replacement costs of lost or damaged property or  
records, the costs of repeating an interrupted or invalidated  
experiment, the loss of profits, or increased costs, including losses  
and increased costs resulting from threats, acts or vandalism, 
property  damage, trespass, harassment, or intimidation taken against 
a person or  entity on account of that person's or entity's connection 
to, relationship  with, or transactions with the animal enterprise ; 
but

`(B) does not  include any lawful economic disruption (including a 
lawful boycott) that  results from lawful public, governmental, or 
business reaction to the  disclosure of information about an animal 
enterprise ;

`(4) the term  `serious bodily injury' means--

`(A) injury posing a substantial risk of  death;

`(B) extreme physical pain;

`(C) protracted and obvious  disfigurement; or

`(D) protracted loss or impairment of the function of a  bodily 
member, organ, or mental faculty; and

`(5) the term  `substantial bodily injury' means--

`(A) deep cuts and serious burns or  abrasions;

`(B) short-term or nonobvious disfigurement;

`(C)  fractured or dislocated bones, or torn members of the body;

`(D)  significant physical pain;

`(E) illness;

`(F) short-term loss or  impairment of the function of a bodily 
member, organ, or mental faculty;  or

`(G) any other significant injury to the body.

`(e) Rules of  Construction- Nothing in this section shall be 
construed--

`(1) to  prohibit any expressive conduct (including peaceful picketing 
or other  peaceful demonstration) protected from legal prohibition by 
the First  Amendment to the Constitution;

`(2) to create new remedies for  interference with activities 
protected by the free speech or free exercise  clauses of the First 
Amendment to the Constitution, regardless of the point  of view 
expressed, or to limit any existing legal remedies for such  
interference; or

`(3) to provide exclusive criminal penalties or  civil remedies with 
respect to the conduct prohibited by this action, or to  preempt State 
or local laws that may provide such penalties or  remedies.'.

(b) Clerical Amendment- The item relating to section 43 in  the table 
of sections at the beginning of chapter 3 of title 18, United  States 
Code, is amended to read as follows:

`43. Force, violence, and  threats involving animal enterprises.'.
Passed the Senate September 30  (legislative day, September 29), 2006. 

Attest: 

Secretary.  

109th CONGRESS  2d Session   S. 3880    

AN ACT  To provide the Department of Justice the necessary  authority to 
apprehend, prosecute, and convict individuals committing animal  
enterprise terror. 















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