H.B.727. CRIME:  Provides relative to unauthorized entry of and criminal damage to a critical infrastructure

Louisiana House of Representatives
Last action 6 months ago
Polls (open):

Sponsors

Beryl Amedee, Andy Anders, Larry Bagley, John A. Johnny Berthelot, Terry Brown, Thomas Carmody, Steve Carter, Charles R. "Bubba" Chaney, Jean-Paul Coussan, Raymond Crews, Greg Cromer, Mike Danahay, Paula Davis, Phillip DeVillier, Stephen Dwight, John E. "Johnny" Guinn, Kenny Havard, Chris Hazel, Frank Hoffmann, Frankie Howard, Chris Leopold, Tanner Magee, Jack McFarland, Jim Morris, Barbara Norton, Steve Pugh, Steven E. Pylant, Joe Stagni, John Stefanski, Jerome Zeringue, Norby Chabert, Dale Erdey, Eddie Lambert, Dan W. Morrish, Mike Walsworth, Mack Bodi White, Jr., Major Thibaut (D), Mark Abraham (R), Robert E. Billiot (D), Stuart J. Bishop (R), Rick Edmonds (R), Julie Emerson (R), Lance Harris (R), Bob Hensgens (R), Valarie Hodges (R), Dodie Horton (R), H. Bernard LeBas (D), Sherman Q. Mack (R), Blake Miguez (R), J. Rogers Pope (R), Jerome "Dee" Richard (I), Clay Schexnayder (R), Alan Seabaugh (R), Kirk Talbot (R), Polly Thomas (R), Mark Wright (R), Gerald Boudreaux (D), Dan Claitor (R), Patrick Page Cortez (R), Sharon Hewitt (R), Ronnie Johns (R), Eric LaFleur (D), Neil Riser (R), Francis C. Thompson (D)

Summary

                    Amends the crime of unauthorized entry of a critical infrastructure and creates the crime of criminal damage to a critical infrastructure and the crime of conspiracy to commit either of these offenses.

Present law provides for the crime of unauthorized entry of a critical infrastructure and defines critical infrastructure as any chemical manufacturing facility, refinery, electrical power generating facility, electrical transmission substation and distribution substation, water intake structure and water treatment facility, natural gas transmission compressor station, liquified natural gas (LNG) terminal and storage facility, natural gas and hydrocarbon storage facility, and transportation facility, such as ports, railroad switching yards, and trucking terminals.
                
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                    Proposed law amends the present law definition of "critical infrastructure" to do both of the following:

(1) Include any and all structures, equipment, or other immovable or movable property located within or upon such facilities, including any site where the construction or improvement of any such facility or structure is occurring.

(2) Include "pipeline"which is defined byproposed law to mean flow, transmission, distribution, or gathering lines, regardless of size or length, which transmit or transport oil, gas, petrochemicals, minerals, or water in a solid, liquid, or gaseous state.

Present law provides that whoever commits the crime of unauthorized entry of a critical infrastructure shall be fined not more than $1,000 or imprisoned with or without hard labor for not more than six years, or both.

Proposed law amends the present law penalties to provide that such persons shall be imprisoned with or without hard labor for not more than five years, fined not more than $1,000, or both.

Proposed law creates the crime of criminal damage to a critical infrastructure and defines it as the intentional damaging of a critical infrastructure as defined by present law. Further provides for the following penalties:

(1) Imprisonment with or without hard labor for not less than one year nor more than 15 years, a fine of not more than $10,000, or both.

(2) If it is foreseeable that human life will be threatened or operations of a critical infrastructure will be disrupted as a result of the conduct - imprisonment at hard labor for not less than six years nor more than 20 years, a fine of not more than $25,000, or both.

Proposed law authorizes the court to order that the person make restitution to the owner of the property pursuant to present law (C.Cr.P. Art. 883.2).

Proposed law creates the crime of conspiracy to engage in unauthorized entry of a critical infrastructure or to engage in criminal damage to a critical infrastructure, and provides for the following penalties:

(1) If two or more persons conspire, as defined by present law (R.S. 14:26), to commit the crime of unauthorized entry of a critical infrastructure, each person shall be imprisoned with or without hard labor for not more than five years, fined not more than $10,000, or both.

(2) If two or more persons conspire, as defined by present law (R.S. 14:26), to commit criminal damage to a critical infrastructure, each person shall be imprisoned with or without hard labor for not less than one year nor more than 15 years, fined not more than $100,000, or both.

(3) If two or more persons conspire, as defined by present law (R.S. 14:26), to commit criminal damage to a critical infrastructure wherein it is foreseeable that human life will be threatened or operations of a critical infrastructure will be disrupted as a result of such conduct, each person shall be imprisoned at hard labor for not less than six years nor more than 20 years, fined not more than $250,000, or both.

(Amends R.S. 14:61(B)(1) and (C); Adds R.S. 14:61(B)(3), 61.1, and 61.2) Summary of Amendments Adopted by House The House Floor Amendments to the engrossed bill:

1. Remove the provision which authorized the court to assess court costs and costs of investigation and prosecution.

2. Provide that the proposed law authorization to require the person to make restitution to the property owner shall be pursuant to the present law provision which provides for the payment of restitution in criminal cases.

3. For purposes of proposed law, define "conspire" as that term is defined by present law (R.S. 14:26).
                

In an effort to be an unbiased source of information, all text in this summary comes directly from government resources.

Actions

  • Read by title, roll called, yeas 89, nays 0, Senate amendments concurred in.

    Tue, May 15th 2018
  • Scheduled for concurrence on 05/15/18.

    Fri, May 11th 2018
  • Received from the Senate with amendments.

    Tue, May 8th 2018
  • Senate floor amendments read and adopted. Read by title, passed by a vote of 31 yeas and 4 nays, and ordered returned to the House. Motion to reconsider tabled.

    Tue, May 8th 2018
  • Reported with Legislative Bureau amendments which were read and adopted. Read by title and passed to third reading and final passage.

    Thu, Apr 26th 2018
  • Committee amendments read and adopted. Read by title and referred to the Legislative Bureau.

    Wed, Apr 25th 2018
  • Reported with amendments.

    Tue, Apr 24th 2018
  • Read second time by title and referred to the Committee on Judiciary C.

    Tue, Apr 17th 2018
  • Received in the Senate. Read first time by title and placed on the Calendar for a second reading.

    Mon, Apr 16th 2018
  • Read third time by title, amended, roll called on final passage, yeas 97, nays 3. Finally passed, title adopted, ordered to the Senate.

    Thu, Apr 12th 2018
  • Scheduled for floor debate on 04/12/18.

    Fri, Apr 6th 2018
  • Read by title, ordered engrossed, passed to 3rd reading.

    Fri, Apr 6th 2018
  • Reported favorably (16-0).

    Thu, Apr 5th 2018
  • Read by title, under the rules, referred to the Committee on Administration of Criminal Justice.

    Tue, Mar 27th 2018
  • Read by title. Lies over under the rules.

    Mon, Mar 26th 2018