Florida
HB 275: New penalties for protests near gas and oil pipelines
Would create a new felony offense for “improper tampering” that could cover some protests near pipelines and other infrastructure that do not involve actual property damage. The bill broadly defines “critical infrastructure” to include above or belowground pipelines, as well as a range of other gas, electricity, water, mining, and telecommunications facilities. The bill’s “improper tampering” felony applies to infrastructure property “for which the owner or operator thereof has employed measures that are designed to exclude unauthorized persons, which may include measures such as fences, barriers, or guard posts.” Under the bill, “improperly tampering” could include any unauthorized action to “change…the physical condition of the property or any portion thereof,” or to “knowingly and intentionally… deface” critical infrastructure property. As such, the 2nd degree felony offense—which is punishable by 15 years in prison and $10,000—could cover actions as minor as chalking protest messages or taping posters onto a pipeline, or protesters inadvertently trampling a field during a demonstration that is next to and part of a covered facility.
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See full text of bill here)
Status: pending
Introduced 25 Oct 2023.
Issue(s): Infrastructure, Trespass
Illinois
SB 1312 / HB 2362: NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE
Would heighten the penalties for protests near oil and gas pipelines and other infrastructure that involve trespassing onto infrastructure property. Under the bill, knowingly entering or remaining on a "critical infrastructure facility" is a Class 4 felony, punishable by 1-3 years in prison and $25,000. Aggravated criminal trespass to a critical infrastructure facility--defined as trespass with "intent to damage, destroy, or tamper with equipment" in the facility--is a Class 3 felony punishable by 5-10 years and $25,000. The bill newly defines "critical infrastructure facility" under Illinois law to include gas and oil pipelines, including those under construction, and a range of pipeline-related facilities, as well as electric, water, telecommunications, and railroad facilities that are fenced off or posted. Nearly identical text was introduced as SB 3814 in the 2022 legislative session. (See full text of bill here)
Status: pending
Introduced 6 Feb 2023.
Issue(s): Infrastructure, Trespass
Minnesota
HF 1445 / SF 1493: New penalties for protests near oil and gas pipelines
Would create vicarious liability for any person or entity that "recruits, trains, aids, advises, hires, counsels, or conspires with" a person who trespasses on critical infrastructure property for any damages committed by the trespasser. The bill would also create strict liability for any damages caused by a person who trespasses on critical infrastructure property. If a person or entity intentionally recruits, trains, aids, advises, hires, counsels, or conspires with a person to trespass they are guilty of a gross misdemeanor, punishable by a fine of up to $3,000, if they fail to make a reasonable effort to prevent the violation. (See full text of bill here)
Status: pending
Introduced 9 Feb 2023.
Issue(s): Damage Costs, Conspiracy, Infrastructure, Trespass
