Amends TCA Title 39.

Under present law, it is a Class B felony for a person, without lawful authority, to possess, develop, manufacture, produce, transfer, acquire, weaponize, or retain a chemical warfare agent.<br /> <br /> Present law also makes it an offense for a person to distribute or to deliver, as an act of terrorism or as a hoax, a substance that is intended to, or that such person has reason to believe may, create a fear or apprehension on the part of another person that such substance may be a chemical warfare agent, without regard to whether such substance is in fact a chemical warfare agent. A violation as an act of terrorism is a Class A felony, and a violation as a hoax is a Class C felony. In addition to the penalties otherwise provided by law, a person convicted of a violation, either as an act of terrorism or as a hoax, must make restitution of the costs incurred by a public or private entity or person resulting from such offense.<br /> <br /> DEFINITION OF CHEMICAL WAREFARE AGENT<br /> <br /> Under present law, the Terrorism Prevention and Response Act of 2002 defines "chemical warfare agents" as including the following agents, or an analog of these agents, intended for use in war or other attack to cause disease or death in humans, animals, or plants:<br /> <br /> (1) Nerve agents;<br /> <br /> (2) Blood agents;<br /> <br /> (3) Blister agents;<br /> <br /> (4) Choking agents;<br /> <br /> (5) Pesticides;<br /> <br /> (6) Dioxins;<br /> <br /> (7) Polychlorinated biphenyls (PCBs);<br /> <br /> (8) Flammable industrial gases and liquids; and<br /> <br /> (9) Tear gases and other disabling chemicals.<br /> <br /> This bill adds to the above list fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or any fentanyl derivative or analogue under provisions for controlled substances in Schedule I.<br />