Alabama 2022 Regular Session

Alabama Senate Bill SB17 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1 SB17
2		-	2 211062-4
	2	+	2 211062-2
3	3		3 By Senator Gudger
4	4		4 RFD: Judiciary
5	5		5 First Read: 11-JAN-22
6	6		6 PFD: 12/15/2021
7	7
8		-	Page 0 SB17
9		-	1 SB17
	8	+	Page 0 1 SB17
10	9		2
11	10		3
12		-	4 ENROLLED, An Act,
13		-	5 Relating to critical infrastructure; to amend
14		-	6 Section 13A-7-4.3, Code of Alabama 1975; to further provide
15		-	7 for the crime of unauthorized entry of a critical
16		-	8 infrastructure, including by certain unmanned aircraft
17		-	9 systems; to provide additional penalties; and in connection
18		-	10 therewith to have as its purpose or effect the requirement of
19		-	11 a new or increased expenditure of local funds within the
20		-	12 meaning of Amendment 621 of the Constitution of Alabama of
21		-	13 1901, as amended by Amendment 890, now appearing as Section
22		-	14 111.05 of the Official Recompilation of the Constitution of
23		-	15 Alabama of 1901, as amended.
24		-	16 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
25		-	17 Section 1. Section 13A-7-4.3, Code of Alabama 1975,
26		-	18 is amended to read as follows:
27		-	19 "§13A-7-4.3.
28		-	20 "(a) For the purposes of this section, the following
29		-	21 words have the following meanings:
30		-	22 "(1) CRITICAL INFRASTRUCTURE. The term includes, but
31		-	23 is not limited to, a chemical manufacturing facility, a
32		-	24 pipeline, a refinery, an electrical power generating facility
33		-	25 and the area surrounding the facility, an electrical
34		-	Page 1 SB17
35		-	1 transmission tower and substation and distribution substation,
36		-	2 an electric utility control center, communication equipment, a
37		-	3 switching station, a water intake structure and water
38		-	4 treatment facility, a natural gas transmission compressor
39		-	5 station, a liquefied natural gas (LNG) terminal and storage
40		-	6 facility, a natural gas and hydrocarbon storage or production
41		-	7 facility, mining operations, beneficiation infrastructure and
42		-	8 mining infrastructure, and a transportation facility, such as
43		-	9 a port, airport, railroad operating facility, or trucking
44		-	10 terminal.
45		-	11 "(2) FRAUDULENT DOCUMENTS FOR IDENTIFICATION
46		-	12 PURPOSES. A document which is presented as being a bona fide
47		-	13 document that provides personal identification information but
48		-	14 which, in fact, is false, forged, altered, or counterfeit.
49		-	15 "(3) PERSON. An individual, trust, estate,
50		-	16 corporation, partnership, limited partnership, limited
51		-	17 liability partnership, limited liability company, or
52		-	18 unincorporated nonprofit association having a separate legal
53		-	19 existence under state law.
54		-	20 "(4) UNMANNED AIRCRAFT SYSTEM. A powered, aerial
55		-	21 vehicle that does not carry a human operator, uses aerodynamic
56		-	22 forces to provide vehicle lift, may fly autonomously through
57		-	23 an onboard computer or be piloted remotely, and may be
58		-	24 expendable or recoverable. The term does not include a
59		-	25 satellite orbiting the Earth or a spacecraft beyond Earth's
60		-	Page 2 SB17
61		-	1 atmosphere and may not be construed to implicate the provider
62		-	2 of a telecommunications link between an owner or operator of
63		-	3 an unmanned aircraft system and the unmanned aircraft system.
64		-	4 "(b) A person commits the crime of unauthorized
65		-	5 entry of a critical infrastructure if the person does any of
66		-	6 the following:
67		-	7 "(1) Intentionally enters without authority into any
68		-	8 structure or onto any premises belonging to another that
69		-	9 constitutes in whole or in part a critical infrastructure that
70		-	10 is completely enclosed by any type of physical barrier or
71		-	11 clearly marked with a sign or signs that are posted in a
72		-	12 conspicuous manner and indicate that unauthorized entry is
73		-	13 forbidden.
74		-	14 "(2) Uses or attempts to use a fraudulent document
75		-	15 for identification for the purpose of entering a critical
76		-	16 infrastructure.
77		-	17 "(3) Remains upon or on the premises of a critical
78		-	18 infrastructure after having been forbidden to do so, either
79		-	19 orally or in writing, by any owner, lessee, or custodian of
80		-	20 the property or by any other authorized person.
81		-	21 "(4) Intentionally enters into a restricted area of
82		-	22 a critical infrastructure which is marked as a restricted or
83		-	23 limited access area that is completely enclosed by any type of
84		-	24 physical barrier when the person is not authorized to enter
85		-	25 the restricted or limited access area.
86		-	Page 3 SB17
87		-	1 "(c) A person who commits the crime of unauthorized
	11	+	4 ENGROSSED
	12	+	5
	13	+	6
	14	+	7 A BILL
	15	+	8 TO BE ENTITLED
	16	+	9 AN ACT
	17	+	10
	18	+	11 Relating to critical infrastructure; to amend
	19	+	12 Section 13A-7-4.3, Code of Alabama 1975; to further provide
	20	+	13 for the crime of unauthorized entry of a critical
	21	+	14 infrastructure, including by certain unmanned aircraft
	22	+	15 systems; to provide additional penalties; and in connection
	23	+	16 therewith to have as its purpose or effect the requirement of
	24	+	17 a new or increased expenditure of local funds within the
	25	+	18 meaning of Amendment 621 of the Constitution of Alabama of
	26	+	19 1901, as amended by Amendment 890, now appearing as Section
	27	+	20 111.05 of the Official Recompilation of the Constitution of
	28	+	21 Alabama of 1901, as amended.
	29	+	22 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	30	+	23 Section 1. Section 13A-7-4.3, Code of Alabama 1975,
	31	+	24 is amended to read as follows:
	32	+	25 "§13A-7-4.3.
	33	+	26 "(a) For the purposes of this section, the following
	34	+	27 words have the following meanings:
	35	+	Page 1 1 "(1) CRITICAL INFRASTRUCTURE. The term includes, but
	36	+	2 is not limited to, a chemical manufacturing facility, a
	37	+	3 pipeline, a refinery, an electrical power generating facility
	38	+	4 and the area surrounding the facility, an electrical
	39	+	5 transmission tower and substation and distribution substation,
	40	+	6 an electric utility control center, communication equipment, a
	41	+	7 switching station, a water intake structure and water
	42	+	8 treatment facility, a natural gas transmission compressor
	43	+	9 station, a liquefied natural gas (LNG) terminal and storage
	44	+	10 facility, a natural gas and hydrocarbon storage or production
	45	+	11 facility, mining operations, beneficiation infrastructure and
	46	+	12 mining infrastructure, and a transportation facility, such as
	47	+	13 a port, airport, railroad operating facility, or trucking
	48	+	14 terminal.
	49	+	15 "(2) FRAUDULENT DOCUMENTS FOR IDENTIFICATION
	50	+	16 PURPOSES. A document which is presented as being a bona fide
	51	+	17 document that provides personal identification information but
	52	+	18 which, in fact, is false, forged, altered, or counterfeit.
	53	+	19 "(3) PERSON. An individual, trust, estate,
	54	+	20 corporation, partnership, limited partnership, limited
	55	+	21 liability partnership, limited liability company, or
	56	+	22 unincorporated nonprofit association having a separate legal
	57	+	23 existence under state law.
	58	+	24 "(4) UNMANNED AIRCRAFT SYSTEM. A powered, aerial
	59	+	25 vehicle that does not carry a human operator, uses aerodynamic
	60	+	26 forces to provide vehicle lift, may fly autonomously through
	61	+	27 an onboard computer or be piloted remotely, and may be
	62	+	Page 2 1 expendable or recoverable. The term does not include a
	63	+	2 satellite orbiting the Earth or a spacecraft beyond Earth's
	64	+	3 atmosphere and may not be construed to implicate the provider
	65	+	4 of a telecommunications link between an owner or operator of
	66	+	5 an unmanned aircraft system and the unmanned aircraft system.
	67	+	6 "(b) A person commits the crime of unauthorized
	68	+	7 entry of a critical infrastructure if the person does any of
	69	+	8 the following:
	70	+	9 "(1) Intentionally enters without authority into any
	71	+	10 structure or onto any premises belonging to another that
	72	+	11 constitutes in whole or in part a critical infrastructure that
	73	+	12 is completely enclosed by any type of physical barrier or
	74	+	13 clearly marked with a sign or signs that are posted in a
	75	+	14 conspicuous manner and indicate that unauthorized entry is
	76	+	15 forbidden.
	77	+	16 "(2) Uses or attempts to use a fraudulent document
	78	+	17 for identification for the purpose of entering a critical
	79	+	18 infrastructure.
	80	+	19 "(3) Remains upon or on the premises of a critical
	81	+	20 infrastructure after having been forbidden to do so, either
	82	+	21 orally or in writing, by any owner, lessee, or custodian of
	83	+	22 the property or by any other authorized person.
	84	+	23 "(4) Intentionally enters into a restricted area of
	85	+	24 a critical infrastructure which is marked as a restricted or
	86	+	25 limited access area that is completely enclosed by any type of
	87	+	26 physical barrier when the person is not authorized to enter
	88	+	27 the restricted or limited access area.
	89	+	Page 3 1 "(c) A person who commits the crime of unauthorized
88	90		2 entry of a critical infrastructure is guilty of a Class A
89	91		3 misdemeanor.
90	92		4 "(d) If, during the commission of the crime of
91	93		5 unauthorized entry of a critical infrastructure, the person
92	94		6 injures, removes, destroys, or breaks critical infrastructure
93	95		7 property, or otherwise interrupts or interferes with the
94	96		8 operations of a critical infrastructure asset, the person is
95	97		9 guilty of a Class C felony.
96	98		10 "(e) A person who commits the crime of unauthorized
97	99		11 entry of a critical infrastructure while possessing or
98	100		12 operating an unmanned aircraft system with an attached weapon,
99	101		13 firearm, explosive, destructive device, or ammunition is
100	102		14 guilty of a Class C felony.
101	103		15 "(d)(f) Nothing in this section shall be construed
102	104		16 to prevent lawful assembly and peaceful and orderly petition
103	105		17 for the redress of grievances, including, but not limited to,
104	106		18 any labor dispute between any employer and its employee."
105	107		19 Section 2. Although this bill would have as its
106	108		20 purpose or effect the requirement of a new or increased
107	109		21 expenditure of local funds, the bill is excluded from further
108	110		22 requirements and application under Amendment 621, as amended
109	111		23 by Amendment 890, now appearing as Section 111.05 of the
110	112		24 Official Recompilation of the Constitution of Alabama of 1901,
111		-	Page 4 SB17
112		-	1 as amended, because the bill defines a new crime or amends the
113		-	2 definition of an existing crime.
114		-	3 Section 3. This act shall become effective on the
115		-	4 first day of the third month following its passage and
116		-	5 approval by the Governor, or its otherwise becoming law.
117		-	Page 5 SB17
118		-	1
	113	+	25 as amended, because the bill defines a new crime or amends the
	114	+	26 definition of an existing crime.
	115	+	Page 4 1 Section 3. This act shall become effective on the
	116	+	2 first day of the third month following its passage and
	117	+	3 approval by the Governor, or its otherwise becoming law.
	118	+	Page 5 1
119	119		2
120		-	3
121		-	4
122		-	President and Presiding Officer of the Senate
123		-
124		-	5
125		-	6 Speaker of the House of Representatives
126		-	SB177
127		-	8 Senate 01-FEB-22
128		-	9 I hereby certify that the within Act originated in and passed
129		-	10 the Senate, as amended.
130		-	11
131		-	12 Patrick Harris,
132		-	13 Secretary.
	120	+	3 Senate
	121	+	Read for the first time and referred to the Senate4
	122	+	committee on Judiciary............................5 1.1-JAN-22
	123	+	6
	124	+	Read for the second time and placed on the calen-7
	125	+	dar...............................................8 1.8-JAN-22
	126	+	9
	127	+	Read for the third time and passed as amended ....10 0.1-FEB-22
	128	+	Yeas 3211
	129	+	12 Nays 0
	130	+	13
133	131		14
134		-	15
135		-	16
136		-	17 House of Representatives
137		-	18 Passed: 10-FEB-22
138		-	19
139		-	20
140		-	21 By: Senator Gudger
	132	+	15 Patrick Harris,
	133	+	16 Secretary.
	134	+	17
141	135		Page 6