Section by Section Explanation

Section by Section Explanation
May 2, 2011

39-13-901      Short Title

39-13-902     Definitions– adopts the federal definitions of “terrorism”, “terrorist activity” and “engage in terrorist activity”; further, defines “domestic terrorist” which includes, individuals and groups of two or more

 

39-13-903     Legislative Intent – statement of the compelling state interest to protect against acts of terrorism in the most focused and least intrusive way, and that the bill neither “targets, nor incidentally prohibits or inhibits the peaceful practice of any religion”

 

39-13-904     Designation

 

·        after investigation and recommendation by the Commissioner of  Safety and the director of TN office of Homeland Security, authorizes the Governor and Attorney General to jointly designate a “domestic terrorist” operating within the U.S. if:

o       the entity engages in or retains the capability and intent to engage in terrorist activity, or an act of terrorism (all defined terms), and,

o       the terrorist activity or act of terrorism threatens anyone’s security and safety 

·        also recognizes federally designated “foreign terrorist organizations”

·        providesdetailed procedures to ensure that proper notice is served on designees and publication is made

·        designation can be challenged in court by the designee before publication;  revocation of designation if appropriate

·        designated entity’s assets may be frozen

 

39-13-905     Prohibition to Providing Material Support

         

·        consistent with the federal statute, defines in detail “material support” or “resources”

·        provides that anyone knowingly providing material support or resources to a known designated terrorist entity either domestic or foreign, OR anyone who attempts OR conspires to provide material support, may be prosecuted and subject to a fine or prison

·        must be proven that there was “actual” knowledge

 

39-13-906     Civil Cause of Action

·        provides a civil cause of action against a designated entity for any individual whose person, property or business is injured due to a terrorist act

 

39-13-907     No exemption from the provisions of the bill based on religious justification