HB 5091: Heightened penalties for protesters near pipelines and other infrastructure
Increases the penalties and broaden offenses that could cover nonviolent protesters near pipelines and other infrastructure. The law amends West Virginia’s 2020 critical infrastructure law to remove the limitation that the law’s offenses could only occur on critical infrastructure property “if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that.. indicate that entry is forbidden.” As a result, many more infrastructure sites are covered by the 2020 law’s trespass and tampering offenses, which carry significant penalties. The law also makes convictions for second and subsequent offenses of either the trespassing or tampering offenses a felony punishable by at least 2 and up to 10 years in prison and a fine of $10,000-$15,000. The law increases the fine for a person who “vandalizes, defaces, or tampers with” equipment in a critical infrastructure facility that causes damage of more than $2,500, from $1,000-$5,000 to $3,000-$10,000. (As introduced, the bill made second convictions punishable by a minimum of 5 years and a fine of $100,000-$250,000, and increased the fine for tampering or vandalizing from $1,000-$5,000 to $25,000-$100,000.)
(See full text of bill here)Status: enacted
Introduced 25 Jan 2024; Approved by House 6 February 2024; Approved by Senate 4 March 2024; Signed by Governor Justice 26 March 2024
Issue(s): Infrastructure, Trespass