Committee introduces bill raising penalties for trespass and damage to 'strategic facilities'

Representative Bridal Raybould, District 34, introduced RS 32,015 to the House Judiciary and Rules Administration Committee, asking the panel to print the draft for hearing. The proposal increases criminal penalties for damaging or trespassing on facilities defined in the bill as "strategic facilities," and adds a separate penalty for persons or organizations that encourage or solicit others to commit those acts.

Raybould told the committee the measure grew from several years of work and recent incidents of trespass or damage to systems the state relies on, including energy transmission, pipelines and communications. "Because these systems are soft... this bill increases the penalties for those who trespass or damage these types of facilities," Raybould said.

Under the draft presented to the committee, misdemeanor damage under $10,000 would carry up to six months in jail and a fine of up to $10,000; damage exceeding $10,000 would be punishable by up to two years in jail and a fine up to $100,000, but not to exceed the economic loss associated with the damage. The bill would make a first trespass offense punishable by up to six months in jail and a fine of up to $1,000; a second trespass within five years would be a felony carrying up to 10 years in prison and a fine of up to $20,000. The draft also includes a separate civil or criminal fine of up to $100,000 for any person or organization that "encourages trespassing or damage" of those facilities.

The bill replaces an earlier reference to "critical infrastructure" with the term "strategic facilities." Raybould said the change reflects committee conversations about avoiding overlap with federal definitions. "You will note that the reference is to strategic facilities... it was felt like this was more in line with the intent as well as avoiding the concerns as it related to Federal definitions and Federal usage," Raybould said.

Committee members raised concerns about the breadth of the definition. One representative said language listing "a transmission facility used by a federally licensed radio or television station" seemed very broad and warranted further review; Raybould and other members said the inclusion was tied to the role of broadcast facilities in national emergency networks and promised to address the concern at hearing.

A motion to introduce RS 32,015 was made on the floor of the committee and carried unanimously. No amendments were adopted at introduction; the measure was printed for hearing.

Votes at the committee introduction: Motion to introduce RS 32,015 — moved by Representative Garner; outcome: motion carried unanimously (vote counts not specified in the transcript).