Bill Description: House Bill 623 would redefine "terrorism" and "terrorist" and create new definitions for "domestic terrorism" and "domestic terrorist" in Idaho law.
NOTE: House Bill 623 is similar to Senate Bill 1220, introduced earlier this session.
The most significant difference between the bills is that House Bill 623 leaves in place the incredibly problematic definition of "civil disorder" that Senate Bill 1220 would remove. Both bills create similar definitions of "terrorism" and "domestic terrorist." But this bill is worse than Senate Bill 1220 because it leaves the definitions and penalties associated with "civil disorder" in place
When considering the potential implications of new laws, it is important to consider not just how the law might be best used or interpreted, but how it might be misused or abused by those who have little interest in protecting individual liberty. Extreme care must be taken to narrowly tailor each law to prevent its misapplication, particularly when it comes to crime and punishment.
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Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?
House Bill 623 would amend Section 18-8102, Idaho Code, to redefine "terrorism" and "terrorist." It also would create new definitions for "domestic terrorism" and "domestic terrorist" in Idaho law.
Under this new definition, "terrorism" would mean:
"Activities that are done in cooperation with any foreign terrorist organization, as defined in 8 U.S.C. 1189, that threatens the sovereignty of another state or the United States of America; are within the geographical boundaries of the state of Idaho; and either
A "terrorist" would be defined as "a person who pleads guilty to or is found guilty of terrorism as defined in this section."
Similarly, "domestic terrorism" would be defined to mean:
"Activities conducted within or that take effect within the geographical boundaries of the state of Idaho that are done in cooperation with any foreign terrorist organization, as defined in 8 U.S.C. 1189, that threatens the sovereignty of Idaho or the United States of America; are a violation of Idaho criminal law; and either
A "domestic terrorist" would be defined as "a person who pleads guilty to or is found guilty of domestic terrorism as defined in this section."
Unlike Senate Bill 1220, House Bill 623 would not remove the term "civil disorder" and its problematic definition from current law. “Civil disorder,” under Idaho code, is "any public disturbance involving acts of violence by an assemblage of two (2) or more persons which acts cause an immediate danger of or result in damage or injury to the property or person of any other individual." This term and its associated penalties, which can include up to 10 years imprisonment, would remain in Idaho code under House Bill 623.
The risk of government overreach is not meaningfully reduced by changing the definition of "terrorism" and "terrorist" and creating new definitions for "domestic terrorism" and "domestic terrorist." That’s because the catch-all crime of "civil disorder" and its associated excessive penalties would remain in code.
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Does it violate the principles of federalism by increasing federal authority, yielding to federal blandishments, or incorporating changeable federal laws into Idaho statutes or rules? Examples include citing federal code without noting as it is written on a certain date, using state resources to enforce federal law, and refusing to support and uphold the Tenth Amendment. Conversely, does it restore or uphold the principles of federalism?
House Bill 623 would base Idaho’s definition of "foreign terrorist organization" on the definition found in federal law, 8 U.S.C. 1189. This law allows the U.S. secretary of state to designate an organization as a "foreign terrorist organization."
Congress could block or revoke a designation made under this law, but unless Congress acts, the secretary's unilateral designation will stand.
If Idaho law is to incorporate the federal definition of a "foreign terrorist organization," it should limit this definition to organizations already designated as such, on the date the bill was adopted. In that way, the Legislature could be sure that it approved of all the federal government's designations. The Legislature could update the date in future years if it agreed with future federal designations.
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