Vote Smart's Synopsis:

Vote to pass a bill that increases trespass penalties and other crimes related to protesting.

Highlights:

• Requires no person to enter or remain on a critical infrastructure facility with purpose to destroy or tamper with the facility (Sec. 1).

• Authorizes an owner or operator of a critical infrastructure facility to elect to commence a civil action against any person who wilfully causes damage to the critical infrastructure facility (Sec. 1).

• Authorizes the plaintiff to recover compensatory damages equal to the replacement value of the property that was damaged (Sec. 1).

• Authorizes the plaintiff to also recover reasonable attorney’s fees, court costs, and other reasonable expenses incurred in maintaining the civil action (Sec. 1).

• Authorizes a person or organization that compensates an individual for causing damage to a critical infrastructure facility or pays the person’s fines or damages in a civil action to be held liable for any judgement the plaintiff obtains against the person who damaged the critical infrastructure facility (Sec. 1).

• Authorizes the trier of fact to determine that the defendant willfully caused damage to the critical infrastructure facility, regardless of whether the defendant has been charged with any related criminal offense, or has been adjudicated a delinquent child in connection with the property damage (Sec. 1).

• Defines “critical infrastructure” as on of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with signs that are reasonably likely to come to the attention of potential intruders and that indicate entry is forbidden without site authorization (Sec. 1):

• A petroleum or alumina refinery;

• An electric generating facility;

• A chemical, polymer, or rubber manufacturing facility;

• A water intake structure, water treatment facility, wastewater facility, drainage facility, water management facility, or any similar water or sewage treatment system and it’s water sewage piping;

• A natural gas company facility or interstate natural gas pipeline, including a pipeline interconnection, a natural gas compressor station and associated facilities, city gate or town border station, metering station, above-ground piping, regulator station, valve site, delivery station, fabricated assembly, or any other part of a natural gas storage facility involved in the gathering, storage, transmission or distribution of gas;

• A telecommunications central switching office or remote switching facility or an equivalent network facility that serves a similar purpose;

• Wireline or wireless telecommunications infrastructure, including telecommunications towers and telephone poles and lines, including fiber optic lines;

• A port, trucking terminal, or other freight transportation facility;

• A gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas or natural gas liquids;

• A transmission facility used by a federally licensed radio or television station;

• A steel-making facility that uses an electric arc furnace to make steel;  

• A facility identified and regulated by the United States Department of Homeland Security chemical facility anti-terrorism standards program;

• A dam that is regulated by the state or federal government;

• A crude oil or refined products storage and distribution facility, including valve sites, pipeline interconnections, pump station, metering station, below- or above-ground pipeline, or piping and truck loading or off-loading facility;

• A video service network and broadband infrastructure, including associated buildings and facilities, video service headends, towers, utility poles, and utility lines such as fiber optic lines;

• Any above-ground portion of an oil, gas, hazardous liquid or chemical pipeline, tank, or other storage facility;

• Any above-ground portion of a well, well pad, or production operation;

• A laydown area or construction site or pipe and other equipment intended for use on an interstate or intrastate natural gas or crude oil pipeline; and

• Any mining operation, including any processing equipment, batching operation, or support facility for that mining operation.

• Defines “critical infrastructure” as also meaning the following (Sec. 1):

• With respect to a video service network or broadband or wireless telecommunications infrastructure, the above-ground portion of a facility installed in a public right-of-way on a utility pole or in a conduit;

• Any railroad property; and

• An electronic asset.

• Specifies that an electronic asset includes the following (Sec. 1):

• An electric light company;

• An electric cooperative;

• A municipal electric utility;

• A natural gas company that is a public utility;

• A telephone company that is a public utility;

• A video service provider, including a cable operator.

Full Bill Text