SB 17 / HB 21: New Penalties for Protests Near Gas and Oil Pipelines

Expands the definition of "critical infrastructure" under Alabama law to include pipelines and mining operations. Individuals are prohibited from unauthorized entry onto critical infrastructure, defined as intentionally entering a posted area of critical infrastructure; the offense is a Class A misdemeanor punishable by up to one year in jail and a fine of up to $6,000. The law also expands the definition of "person" to include nonprofits, creating the possibility that nonprofits who provide support or organizing for environmental protests near critical infrastructure where individuals then trespass could face organizational liability. Under the law, if a person interrupts or interferes with the operations of critical infrastructure, they would additionally be guilty of a Class C felony, punishable by at least one and up to ten years in prison. The draft law was pre-filed for the 2022 legislative session in September 2021. It is nearly identical to HB 516 introduced in 2021. (See full text of bill here)

Status: enacted

Introduced 11 Jan 2022; Approved by Senate 1 February 2022; Approved by House 10 February 2022; Signed by Governor Ivey 15 February 2022

Issue(s): Conspiracy, Infrastructure, Trespass