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| | 123 | henk - 29.03.2003 12:34
Oregon Law Promises Life Imprisonment For Anti-War Demonstrators
Bill Defines Marching Against War As "Supporting Terrorism
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This is serious and urgent. There is a clear and present danger to
democracy in Oregon which could spread to other states.
Senate Bill 742 proposed by Oregon State Senator Minnis (R-Dist. 25 /
Fairview)(Chair of the Senate Judiciary Committee) creates the crime
of "terrorism" -- punishable by life imprisonment. Senator Minnis
defines "terrorism" so broadly that even being present at a
demonstration that is in any way "disruptive" could result in life
imprisonment.
I have given the relevant sections of the bill below, as well as the
link to the whole bill. I have also provided information from the
American Civil Liberties Union regarding this, including contact
information for the relevant Oregon State Senators.
Ever since laws began to be passed criminalizing "terrorism," I have
been concerned that its definition would be expanded to include
anything that authorities wished to suppress which could then be
subject to extreme punishment, laying the groundwork for serious
suppression. It seems that is now happening. It must be energetically
nipped in the bud if we are to prevent its spread.
If this law passes in Oregon, it is highly likely that other states
will pass similar laws, especially in the current political climate.
I trust you will act if you feel so moved. Whether you are an Oregon
resident or not, you can express your dismay to the Oregon State
Senators listed below. If you are an Oregon resident you can, in
addition, attend a hearing Monday morning Mar 24 in Salem, OR
(specifics below).
Coheartedly,
Tom
PS: The law also sets aside (in terrorism cases) two other Oregon laws
which prevent police from (a) spying on innocent people and
organizations and (b) apprehending people solely for immigration
violations.
_____
Excerpts from the proposed law:
 http://pub.das.state.or.us/LEG_BILLS/PDFs/SB742.pdf
72nd OREGON LEGISLATIVE ASSEMBLY--2003
Regular Session Senate Bill 742 Sponsored by
Senator
MINNIS
SUMMARY: Creates crime of terrorism. Punishes by life imprisonment.
SECTION 1.
(1) A person commits the crime of terrorism if the person knowingly
plans, participates in or carries out any act that is intended, by at
least one of its participants, to disrupt: (a) The free and orderly
assembly of the inhabitants of the State of Oregon; (b) Commerce or
the transportation systems of the State of Oregon; or (c) The
educational or governmental institutions of the State of Oregon or its
inhabitants.
(2) A person commits the crime of terrorism if the person conspires to
do any of the activities described in subsection (1) of this section.
.... (4) (a) A person convicted of terrorism shall be punished by
imprisonment for life. (b) When a person is convicted of terrorism
under this section, the court shall order that the person be confined
for a minimum of 25 years without possibility of parole, release to
post-prison supervision, release on work release or any form of
temporary leave or employment at a forest or work camp....
_ _ _ _ _
ACLU- OR Action: SB 742 Hearing on Monday, March 24
--------------------------------- -------------------------------
http://pub.das.state.or.us/LEG_BILLS/PDFs/SB742.pdf
SB 742 in its original form lacks guidelines. Local law enforcement
will decide what is disruptive. This could lead to very uneven
application of the law. If this vague law existed during the civil
rights movement, those opposing change could have declared
boycotters,
marchers and leaders such as Martin Luther King as "terrorists" and
sentenced them to life imprisonment. One wonders what it would do
today. There's more. I invite you to read the ACLU memo below.
**Please know that there will be amendments to Section 1 to limit the
current drafted definition of "Terrorism." BUT -- there are no
amendments to Section 2, that allows for law enforcement to ignore ORS
181.575 & ORS 181.850 if they are investigating "terrorism." (See the
attachment on 181 Campaign Talking Points. If you have difficulty
opening attachments, we've also included the talking points below).
Who We Are: We are a growing and diverse coalition of Oregon
organizations.
We include representatives of organizations working in civil rights,
law enforcement, domestic violence, immigration, religious, labor,
environmental, grassroots and advocacy communities. We share the
common goal of preserving ORS 181.575 and ORS 181.850 because
they encourage effective law enforcement and protect the constitutional
rights of everyone who lives in Oregon.
What are these "181 Laws" all about?
ORS 181.575: Protects Against Police Spying on Innocent People and
Organizations: The law prohibits law enforcement agencies from
collecting or maintaining information about the political, religious,
social views, associations or activities of any person or group unless
that information directly relates to a criminal investigation.
Oregon's History of Abuse: From the creation of the Portland Police
"Red Squad" in the 1940s until the passage of this law in 1981,
hundreds of political, religious and other organizations were the
subjects of FBI and police surveillance for no valid reason. A recent
series in the Portland Tribune (September 2002) uncovered Portland
police intelligence files tracking groups such as ACLU of Oregon,
American Friends Service Committee (Quakers), Coalition Against
Domestic Violence, Ecumenical Ministries of Oregon, Hispanic
Commission, Peace House, Planned Parenthood, Rape Relief Hotline,
Sierra Club, United Farm Workers and many more.
ORS 181.850: Allows State & Local Law Enforcement to Focus on Oregon
Priorities: This law prevents state and local law enforcement agencies
from targeting people based on their race or ethnic origin when those
individuals are not suspected of any criminal activity.
Local law enforcement is prohibited from using resources to apprehend
people whose only offense is a federal immigration violation. The law
allows state and local law enforcement to contact the INS after they
have arrested someone. The law also permits state and local police to
request information from the INS that may help solve a criminal case.
This law does not prevent local law enforcement from working with
federal law enforcement to investigate threats of terrorism.
History: In the 1980s, several local law enforcement agencies carried
out raids and roadblocks in collaboration with the INS targeting
Oregon's Latino community. Many lawful residents and US citizens were
swept up in the raids and were treated harshly by local police and INS
agents. Passage of ORS181.850 in 1987 has not completely eliminated
such practices, but has helped create dramatic improvements in the
relationship between immigrants and the police.
Why We Need to Keep Both Laws:
@ They Help Prevent & Solve Crimes: Many law enforcement officials
support these laws because in communities where people are afraid to
talk to police, more crimes go unreported, fewer witnesses come
forward, and people are less likely to report suspicious activity. For
example, without this law, domestic violence cases will go unreported,
leading to injury or death.
@ They Help Build Trust in Communities: Many immigrants come from
countries where people are afraid of the police, and many Oregon
police agencies have spent years building trust that would be
undermined by asking local police to do the job of the INS. Police
surveillance of lawful political and religious activity also
undermines the credibility of law enforcement. Repeal of these laws
would undermine the ability of police to carry out community policing.
@ They Help Keep Priorities in Focus: State and local budgets have
been cut to the bone. There are many federal agencies to enforce
federal laws, but only our state and local police can enforce state
and local laws. Especially in these times of tight budgets, they need
to concentrate on local priorities and local crimes that the federal
government won't enforce.
PERMISSION IS GRANTED TO FORWARD THIS ACLU
MESSAGE
ACLU Freedom Network Web Page: http://www.aclu.org.
Constitution Hall on America Online (keyword ACLU)
ACLU Action Update ACLU National Washington Office 122 Maryland
Avenue
NE Washington, DC 20002
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The most successful tyranny is not the one that uses force to assure uniformity but the one that removes the awareness of other possibilities, that makes it seem inconceivable that other ways are viable, that removes the sense that there is an outside.
--Allan Bloom, The Closing of the American Mind--
It is dangerous to be right in matters on which the established authorities are wrong. --Voltaire--
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