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OpinionJanuary 15, 2006

By Patrick McMenamin It is a new year in Jefferson City and time for our valiant legislators to come forth with their most erudite ideas for improving the lot of Missouri residents. It is time for them to address the most pressing issues facing Missouri. It is time for them to propose legislation adding new laws to the books...

By Patrick McMenamin

It is a new year in Jefferson City and time for our valiant legislators to come forth with their most erudite ideas for improving the lot of Missouri residents. It is time for them to address the most pressing issues facing Missouri. It is time for them to propose legislation adding new laws to the books.

State Rep. Nathan Cooper of Cape Girardeau wasted no time in filing his proposed legislative entry, now called House Bill 1220. It reads as follows:

574.150.

1. A person commits the crime of committing a terrorist act if that person knowingly commits or attempts or conspires to commit any felony or misdemeanor offense with the intent to:

(1) Intimidate or coerce a civilian population through an act of violence; or ...

2. Committing a terrorist act is a felony for which the authorized punishment shall be death, except that, if a person has not reached his or her sixteenth birthday at the time of the commission of the crime, the punishment shall be imprisonment for life without the eligibility for probation or parole, or release by act of the governor.

What is the upshot of this?

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By including all misdemeanor acts of violence intended to intimidate a civilian population, Mr. Cooper has crafted a new law that, if enacted, would result in the death penalty in innumerable scenarios, including the following:

Let's say some rowdy Jackson Indian fans at the next Cape Girardeau-Jackson football game decide to throw rocks at the Central High School bus as it is leaving the football game. What should the punishment be for these rambunctious miscreants? Why, they should be taken to Potosi and put on death row. If that seems harsh, notice that Mr. Cooper has only reserved death for the seniors and juniors. Freshmen and sophomores only get life in prison without parole.

The real issue is not the ridiculous breadth and vagueness of this silliness resulting in the above scenario. The real issue is that true terrorist acts like 9-11 are already punishable by death on the state and federal level. All this amounts to is grandstanding by someone who likes to sound like a tough guy.

Is this bill harmless?

It is in the sense that it will never make it out of committee and will only have the effect of providing a chuckle to some members of the House leadership.

What makes it not harmless, however, is the cost to the taxpayer. When I worked for the Wisconsin legislature 15 years ago, it was estimated that it cost $100,000 for a bill to become law (printing costs, legislative time and so forth). I don't know if that is accurate here in Missouri or how you would adjust that for inflation.

I do know that, as a taxpayer in Missouri, I would like my money back on House Bill 1220.

And if that is the best Nathan Cooper can do to address the problems that face the residents of Southeast Missouri, then I think maybe Mr. Cooper is not the best we can do in sending a representative to Jefferson City.

Patrick McMenamin is a Cape Girardeau resident.

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