Alabama
HB 21: New Penalties for Protests Near Gas and Oil Pipelines
Would expand the definition of "critical infrastructure" under Alabama law to include pipelines and mining operations. Alabama law currently prohibits a person 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 bill 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 bill, 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 bill 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: pending
Introduced 2 Sep 2021; Pre-Filed for the 2022 Legislative Session
Issue(s): Conspiracy, Infrastructure, Trespass
Minnesota
HB 1558: New penalties for protests near oil and gas pipelines
Would create joint and several liability for any person or entity that knowingly aids, advises, counsels, or conspires with a person who trespasses on critical infrastructure property. The bill would also create strict liability for any damages caused by a person who trespasses on critical infrastructure property. The bill would also create a felony offense, punishable by up to 3 years and a fine of $5,000, for a person that trespasses on critical infrastructure with the intent to impede or inhibit its operation. (See full text of bill here)
Status: pending
Introduced 25 Feb 2021.
Issue(s): Damage Costs, Conspiracy, Infrastructure
Minnesota
SF 355: New penalties for protests near oil and gas pipelines
Would create new civil and criminal liability for protesters on pipeline property as well as civil liability for any organization or entity that supports them. Like SF 3230/ HF 2966, introduced during the 2019-2020 session, the bill would make someone who trespasses on property containing a pipeline or other "critical public service facility" liable for any damages to property that they commit while trespassing. Any person or entity that "knowingly recruits, trains, aids, advises, hires, counsels, [or] conspires with" someone who trespasses or causes damage to property could be held "jointly and severably liable." If the person trespasses with intent "to significantly impede or inhibit operation" of a covered facility, utility, or pipeline they are guilty of a felony and may be subject to three years in prison and/or a $5,000 fine. The phrase "significantly impede or inhibit" could be construed to encompass peaceful protests that block access to infrastructure, which under Minnesota law is broadly defined to include bus stations and parts of bridges. The broad language used in the joint and severable liability provisions could be construed to include aiding a protester by providing them with water or medical assistance. (See full text of bill here)
Status: pending
Introduced 28 Jan 2021.
Issue(s): Conspiracy, Infrastructure, Trespass
Minnesota
HF 254 / SF 386: New penalties for protests near gas and oil pipelines
Would create new potential penalties for protests near pipelines, utilities, and "critical public service facilities." Like HF 2441, which was introduced in the 2019-2020 session, HF 254 criminalizes trespass onto such properties, including those under construction, as a gross misdemeanor punishable by one year in jail and a $3,000 fine. Trespass "with the intent to disrupt the operation or provision of services" by the pipeline or utility, is a felony under the bill, punishable by up to 5 years in prison and a $10,000 fine. The bill also newly provides that a court may order anyone convicted of the above offenses to pay for "the costs and expenses resulting from the crime." (See full text of bill here)
Status: pending
Introduced 21 Jan 2021.
Issue(s): Damage Costs, Infrastructure, Security Costs, Trespass
Minnesota
HF 129 / SF 1378: NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES
Would create new civil and criminal liability for protesters on infrastructure property as well as for any organization or entity that supports them. Like HF 3668, introduced in the 2019-2020 session, HF 129 would make someone who is convicted of or merely arrested for trespassing on property containing a critical public service facility, utility, or pipeline, civilly liable for any property damage arising out of the trespass. Under the bill, a person "or entity" that "recruits, trains, aids, advises, hires, counsels, or conspires with" someone who is convicted of or arrested for trespassing is also civilly liable for damages. The bill creates criminal liability for anyone who "intentionally recruits, trains, aids, advises, hires, counsels, or conspires with" someone to trespass, as well: If the person or entity fails to make a "reasonable effort" to prevent the trespass, and the offense is committed, they are guilty of a gross misdemeanor, punishable by up to one year in jail and a $3,000 fine. The broad language used in the vicarious liability provisions could be construed to include aiding a protester by providing them with water or medical assistance. (See full text of bill here)
Status: pending
Introduced 14 Jan 2021.
Issue(s): Damage Costs, Conspiracy, Infrastructure, Trespass
