Committee advances bill creating theft offense for critical infrastructure tied to copper

Senate Bill 22, introduced by Senator Hodges, was reported with amendments out of the Senate Judiciary C Committee after testimony that copper theft has caused service outages and safety risks. The measure would create a distinct crime for theft of critical infrastructure specifically tied to copper and related materials and would criminalize knowing possession or purchase of stolen infrastructure components.

The bill matters because proponents said theft of infrastructure can interrupt electricity, water and communications services and, in some cases, prevent people from reaching emergency services. "This is SB 22, and it creates a crime of theft of critical infrastructure that is specific to copper theft," Senator Hodges told the committee as she described the legislation's intent.

SB 22 would add a provision to the criminal code (referencing RS 14:67 language in committee discussion) defining protected critical infrastructure and aligning penalties "with Louisiana current law for criminal damages to infrastructure," according to Hodges. The draft and the adopted amendments replace the term "utility property" with a narrowly tailored definition of "critical infrastructure" and expand the statute to cover illegal possession and purchase of stolen materials.

Matt Adams, representing AT&T, described the operational impact of such thefts: "Today, bad actors typically target communications lines in search of copper metal," he said, and described theft patterns including cutting and burning sheathing to recover raw copper. Adams said thefts can damage fiber and copper simultaneously and that repairs can run "tens of thousands of dollars," leaving customers without service while repairs are completed. Hodges cited a U.S. Department of Energy estimate that copper wiring theft costs roughly $1,000,000,000 per year.

Committee members asked whether the bill would reach people who purchase stolen materials. Committee counsel and the author said the amendments incorporated existing definitions of illegal possession and receiving stolen property; the committee discussion referenced RS 14:69(a) as covering unlawful purchase or sale of stolen goods. Senator Barrow asked specifically about treatment for purchasers and suggested adding treatment or diversion options for defendants with substance-abuse issues; Hodges said she was open to discussing such programs.

Amendments discussed on the floor included (1) changing the statutory language from "utility property" to "critical infrastructure," (2) aligning the definition of critical infrastructure with existing statutory lists of covered facilities and providers, and (3) increasing penalties to align with existing penalties for damage to critical infrastructure. After a roll call of witness/support cards and an offer by Senator Barrow to move the bill, the committee reported SB 22 with amendments without objection.

Action taken: Senator Barrow offered the motion to report SB 22 with amendments; there was no recorded objection and the committee reported the bill with amendments for further consideration on the floor.

Proper names mentioned in committee testimony included AT&T and the U.S. Department of Energy. The transcript included an example cited by AT&T of about 400 feet of copper cable stolen in Kentwood earlier in the year that disrupted service to local government facilities, school and businesses.

SB 22 will move to the Senate floor with the adopted amendments for further consideration.