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Bil would create new class of terrorists

A proposed bill coming before the senate judiciary committee in Salem on Monday would create a new class of terrorists and punish them with a life sentence. It would also expand the ability of local law enforcement to conduct surveillance and keep files on groups who opponents say are guilty of nothing but their political affiliation.

The bill originally classified a terrorist as someone who "knowingly plans, participates in or carries out any act that is intended, by at least one of its participants, to disrupt the free and orderly assembly of the inhabitants of the State of Oregon; Commerce or the transportation systems of the State of Oregon; or the educational or governmental institutions of the State of Oregon or its inhabitants." Those found guilty of the crime would face life imprisonment.

The proposed bill immediately stirred controversy as opponents said any strike or protest could be considered an act of terrorism under those circumstances.

Senator John Minnis, R-Gresham, sponsored the bill, and has since amended it. Minnis is chairman of the Senate Judiciary Committee, and has worked in law enforcement for 24 years. He did not return phone calls made to his office Thursday and Friday, and in an e-mail response only referred to amendments he'd made to the bill.

The amended bill now defines a terrorist as someone who "participates in or carries out any violent act that the person knows, or reasonably should know, could result in the death or serious physical injury of a person and is intended by at least one participant to substantially disrupt or destroy," assembly, commerce, transportation, educational or government institutions.

While the amendment has somewhat narrowed the previous broad brush of the bill, opponents are still vehemently against the bill and say it's unlikely to get out of committee. The Oregon ACLU has joined a coalition of more than 50 groups opposed to Senate Bill 742, including law enforcement officials and civil rights advocates.

Executive director of the ACLU of Oregon Dave Fidanque said even the senator who introduced the bill knows the original definition of terrorism was unconstitutional.

"He does have some amendments, but we still believe it has constitutional problems," Fidanque said. "And we're just as concerned with Section 2."

Section 2 of the bill requires local law enforcement agencies to cooperate with federal or state agencies investigating acts of terrorism, and allows local law enforcement to retain any information relating to terrorism investigations as long as the investigation remains open.

Fidanque said the ACLU will be joined by the AFL-CIO, Service Employees International Union and a number of other groups, including representatives from many local law enforcement agencies, including Eugene and Hillsboro. He said the groups stand against Section 2 of the bill because of the abuses that took place when similar laws were in place previously.

"In the 1960s, '70s and early '80s, hundreds of organizations were subjected to surveillance merely because of their political actions," Fidanque said. "There was no evidence of criminal activity."

Laws changed in the 1980s, and local law enforcement is now only allowed to do surveillance related to criminal activity, Fidanque said.

He also said the first section of the bill is both constitutionally questionable and unnecessary.

"We believe there's no need of a terrorism law. Terrorism is prosecuted by the federal government in Oregon. There are already severe penalties," he said. "A defendant recently convicted of firebombing SUVs in Eugene got a very heavy sentence, and he didn't need to be labeled a terrorist. It's not like our laws are lax."

Fidanque doubts the bill will go any further than Monday's hearing.

"It would be a lot more alarming if the bill moves out of committee," he said. "There is going to be a lot of testimony against it. I don't know who would be speaking for it."

The Senate Judiciary committee hearing on Senate Bill 742 begins at 8 a.m. Monday in room 343 of the State Capitol.

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