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
Oregon
HB 2772: Criminalizing Certain Protests as Domestic Terrorism
Would create a new crime of domestic terrorism that would include if a person intentionally attempts to cause "disruption of daily life" that "severely affects the population, infrastructure, environment, or government functioning of this state." Under this definition a protest that blocks traffic in a major commercial district could be defined as domestic terrorism. The penalty is a class B felony punishable by up to 10 years in jail and/or a fine of up to $250,000. (See full text of bill here)
Status: pending
Introduced 9 Jan 2023.
Issue(s): Infrastructure, Terrorism, Traffic Interference
