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Senate passes utility infrastructure bill to broaden penalties for serious attacks while excluding minor offenses

Utah Senate · February 28, 2023
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Summary

House Bill 370 passed after Senator Hinkins said it narrows elements to exclude minor offenses (graffiti, petty theft) but strengthens prosecutorial tools for attacks on critical infrastructure; he cited a 2016 substation shooting that knocked power out and led to federal prosecution and restitution orders.

SALT LAKE CITY — The Utah Senate passed Third Substitute House Bill 370, which modifies statutes related to utility infrastructure by excluding minor offenses from enhanced elements while giving prosecutors additional tools for serious attacks on critical systems.

Senator Hinkins described the bill as targeted: the language excludes minor offenses that do not substantially impact critical infrastructure operations (for example, graffiti or petty theft) but strengthens penalties and prosecutorial options for acts that disrupt service or damage facilities. "This bill will give prosecutors something with more teeth," Hinkins said on the floor.

Hinkins cited a 2016 case in which an individual shot a substation in a Garkane service territory, knocking power out in two counties and forcing emergency generators to run; the defendant was convicted in federal court, ordered to pay $380,000 in restitution and served about three years in prison, Hinkins said. He argued the bill provides state prosecutors clearer tools for similar serious offenses.

There was no extended floor debate following the presentation. The bill passed on a roll call the clerk recorded as 26 yea, 0 nay and 3 absent and will be returned to the House for further consideration.

The bill's language focuses on distinguishing minor and substantial offenses and is intended to avoid overcriminalizing low-level acts while ensuring stronger penalties for actions that materially impair critical infrastructure.