ASSEMBLY BILL UPDATES FIGHT AGAINST TERRORISM.

Byline: Robert M. Hertzberg and Steve Cooley Local View

THE 11th day of each month has become a poignant marker in our lives of the distance we've traveled since Sept. 11.

Each of us carries the tragic memories of that day as we navigate what has been described as the new normal.

Heightened awareness of security issues and vigilance to potential threats have merged matters of public responsibility with issues of personal meaning.

When Sept. 11 occurred, California was the only state in the nation with laws in place to prosecute persons who use weapons of mass destruction.

The Hertzberg-Alarcon Prevention of Terrorism Act, signed in 1999, set a precedent in the fight against terrorism. When it was enacted, we could not envision airplanes flying into buildings or envelopes containing anthrax sent to government buildings or the media.

The legislation also failed to include specific punishments for sending a false or facsimile weapon of mass destruction. Methods of terrorism have changed, so we must redefine the ways in which we defend ourselves from those who would harm or destroy us.

Assembly Bill 1838 would make using a weapon of mass destruction - including aircraft, vessels or vehicles as well as nonweaponized biological agents, such as an envelope containing anthrax - a serious felony and punishable by life in state prison.

The bill provides essential flexibility to local law enforcement officials and prosecutors seeking cases against criminals suspected of using weapons of mass destruction. It is co-sponsored by the Los Angeles County district attorney and supported by the Los Angeles County sheriff and city police departments.

AB 1838 will provide California with the tools necessary to prosecute criminals who use a weapon or facsimile of one against our citizens. It improves our current laws by giving the state greater flexibility to prosecute activity without having to depend on the federal government.

The changes also would define new crimes for giving false or facsimile weapons to another person with the intent to cause fear.

With the rise in hoax threats, we need to send a clear message to those who would exploit a climate of fear. Recent incidents have targeted not only politicians, journalists and government office buildings, but also minority groups and organizations.

Earlier this year, 30 Latino lawyers and a number of prominent Latino organizations were sent letters containing hateful threats along with a white powder.

This kind of reprehensible activity would fall within the domain of AB 1838, which specifically prohibits facsimiles of weapons of mass destruction.

Ultimately, no act of legislation can restore or guarantee our sense of security. Security grows from a confidence and continuity with which we conduct our lives.

In the face of recent acts and threats of terrorism, we must renew our commitment to our deepest convictions and be vigilant in our determination to defend and protect our country.

AB 1838 is an important step in defining the path we must walk together as we discover the new normal.