Leahy Bill Targets Terrorism Hoaxes
. . . cites mailings to clinics in Vermont

WASHINGTON (Nov. 16) – Sen. Patrick Leahy has introduced legislation that would severely punish those who commit terrorism-related hoaxes such as the one that prompted evacuation of a Vermont women’s health clinic last week after a suspicious package containing white powder arrived there.

"These hoaxes siphon away valuable time and resources from law enforcement officers who are already tasked with protecting the public from real dangers," said Leahy, chairman of the Senate Judiciary Committee, which has oversight responsibility for federal law enforcement agencies and which is considering steps to remedy the outbreak of hoaxes in the aftermath of Sept. 11. "Our aim will be to telegraph the message to those who would use hoaxes to intimidate or spark panic that these are serious crimes with serious consequences. We need to make ‘hoax’ a four-letter word and a costly crime."

A rash of anthrax-style hoaxes has kept law enforcement officials and the public on edge since four people died from anthrax and 17 have been infected with it since Sept. 11. More than 200 women’s health clinics nationwide, including clinics in Vermont, recently reported receiving overnight delivery envelopes containing what initially appeared to be anthrax, accompanied by threatening letters signed by an anti-abortion group.

The Leahy bill would make committing or falsely reporting a biological, chemical or nuclear hoax a federal crime punishable by five years in prison. As part of any sentence,

the bill would also require the perpetrator to reimburse both private and government victims for all the costs caused by the hoax, including any emergency response costs.

Although existing federal laws have been aggressively used to prosecute hoax cases in recent weeks, those laws were not written specifically for many of the kinds of hoaxes that have appeared since Sept. 11. Leahy’s bill targets situations in which older laws would prove awkward in prosecuting hoaxes and adds strict mandatory reimbursement provisions.

While toughening the law, Leahy seeks to ensure that any new hoax law does not sweep too broadly by federally criminalizing juvenile pranks or law enforcement "readiness tests." Among other incidents, Leahy cited the case of two Maryland teenagers who were arrested by local officials after an envelope they filled with white powder but did not mail was reported to police and caused an anthrax scare, and the case of a local prosecutor in Chicago who lost his job when he left an envelope filled with powder on a colleague’s desk. Leahy said that such non-malicious acts already were being effectively handled by aggressive state prosecution or administrative punishment.

Leahy also wanted to ensure that his bill did not criminalize or chill private or law enforcement "readiness tests," which were designed to ensure that authorities were prepared for any biological attack. Leahy cited an incident involving a Kentucky sheriff, who decided to test government preparedness by leaving an envelope containing crushed aspirin on a courthouse desk, as evidence that the existing laws need to be refined to ensure that the punishment fits the crime.

"Malicious acts deserve stiff penalties and belong in federal court; innocent bad judgment and juvenile behavior can be handled under current laws and do not belong there," Leahy said.