[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4239 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4239

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 4, 2005

    Mr. Petri (for himself, Mr. Issa, Mr. McCotter, Mr. Cannon, Mr. 
   Bonilla, Mr. Cunningham, Mr. Calvert, Mr. Otter, Mr. Boren, Mrs. 
    Blackburn, Mr. Doolittle, and Mr. Sensenbrenner) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    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 DISRUPTION 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 disrupting an animal 
        enterprise; and
            ``(2) in connection with such purpose--
                    ``(A) intentionally damages, disrupts, or causes 
                the loss of any property (including animals or records) 
                used by the animal enterprise, or any property of a 
                person or entity having a connection to, relationship 
                with, or transactions with the 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, trespass, 
                harassment, or intimidation; or
                    ``(C) conspires or attempts to do so;
shall be punished as provided for in subsection (b).
    ``(b) Penalties.--
            ``(1) Economic damage.--Any person who, in the course of a 
        violation of subsection (a) causes economic damage not 
        exceeding $10,000 shall be fined under this title or imprisoned 
        not more than 1 year, or both.
            ``(2) Significant economic damage or economic disruption.--
        Any person who, in the course of a violation of subsection (a), 
        causes economic damage or economic disruption exceeding $10,000 
        but not exceeding $100,000 shall be fined under this title or 
        imprisoned not more than 5 years, or both.
            ``(3) Major economic damage or economic disruption.--Any 
        person who, in the course of a violation of subsection (a), 
        causes economic damage or economic disruption exceeding 
        $100,000 shall be fined under this title or imprisoned not more 
        than 10 years, or both.
            ``(4) Significant bodily injury or threats.--Any person 
        who, in the course of a violation of subsection (a), causes 
        significant bodily injury to another individual or 
        intentionally instills in another the reasonable fear of death 
        or serious bodily injury shall be fined under this title or 
        imprisoned not more than 5 years, or both.
            ``(5) Serious bodily injury.--Any person who, in the course 
        of a violation of subsection (a), causes serious bodily injury 
        to another individual shall be fined under this title or 
        imprisoned not more than 20 years, or both.
            ``(6) Death.--Any person who, in the course of a violation 
        of subsection (a), causes the death of an individual shall be 
        fined under this title and shall be imprisoned for life or for 
        any term of years.
            ``(7) Conspiracy and attempt.--Any person who conspires or 
        attempts to commit an offense under subsection (a) shall be 
        subject to the same penalties as those prescribed for the 
        substantive offense.
    ``(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) 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, 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' means the replacement 
        costs of lost or damaged property or records, the costs of 
        repeating an interrupted or invalidated experiment, or the loss 
        of profits;
            ``(4) the term `economic disruption'--
                    ``(A) means losses and increased costs that 
                individually or collectively exceed $10,000, 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; and
                    ``(B) does not include any lawful economic 
                disruption that results from lawful public, 
                governmental, or business reaction to the disclosure of 
                information about an animal enterprise;
            ``(5) 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
            ``(6) the term `significant 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) Non-Preemption.--Nothing in this section preempts any State 
law.''.
    (b) Conforming Amendment.--Section 2516(1)(c) of title 18, United 
States Code, is amended by inserting ``section 43 (force, violence and 
threats involving animal enterprises),'' before ``section 201 (bribery 
of public officials and witnesses)''.
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