1 SB17
2 211062-4
3 By Senator Gudger
4 RFD: Judiciary
5 First Read: 11-JAN-22
6 PFD: 12/15/2021
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1 SB17
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4 ENROLLED, An Act,
5 Relating to critical infrastructure; to amend
6 Section 13A-7-4.3, Code of Alabama 1975; to further provide
7 for the crime of unauthorized entry of a critical
8 infrastructure, including by certain unmanned aircraft
9 systems; to provide additional penalties; and in connection
10 therewith to have as its purpose or effect the requirement of
11 a new or increased expenditure of local funds within the
12 meaning of Amendment 621 of the Constitution of Alabama of
13 1901, as amended by Amendment 890, now appearing as Section
14 111.05 of the Official Recompilation of the Constitution of
15 Alabama of 1901, as amended.
16 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
17 Section 1. Section 13A-7-4.3, Code of Alabama 1975,
18 is amended to read as follows:
19 "ยง13A-7-4.3.
20 "(a) For the purposes of this section, the following
21 words have the following meanings:
22 "(1) CRITICAL INFRASTRUCTURE. The term includes, but
23 is not limited to, a chemical manufacturing facility, a
24 pipeline, a refinery, an electrical power generating facility
25 and the area surrounding the facility, an electrical
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1 transmission tower and substation and distribution substation,
2 an electric utility control center, communication equipment, a
3 switching station, a water intake structure and water
4 treatment facility, a natural gas transmission compressor
5 station, a liquefied natural gas (LNG) terminal and storage
6 facility, a natural gas and hydrocarbon storage or production
7 facility, mining operations, beneficiation infrastructure and
8 mining infrastructure, and a transportation facility, such as
9 a port, airport, railroad operating facility, or trucking
10 terminal.
11 "(2) FRAUDULENT DOCUMENTS FOR IDENTIFICATION
12 PURPOSES. A document which is presented as being a bona fide
13 document that provides personal identification information but
14 which, in fact, is false, forged, altered, or counterfeit.
15 "(3) PERSON. An individual, trust, estate,
16 corporation, partnership, limited partnership, limited
17 liability partnership, limited liability company, or
18 unincorporated nonprofit association having a separate legal
19 existence under state law.
20 "(4) UNMANNED AIRCRAFT SYSTEM. A powered, aerial
21 vehicle that does not carry a human operator, uses aerodynamic
22 forces to provide vehicle lift, may fly autonomously through
23 an onboard computer or be piloted remotely, and may be
24 expendable or recoverable. The term does not include a
25 satellite orbiting the Earth or a spacecraft beyond Earth's
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1 atmosphere and may not be construed to implicate the provider
2 of a telecommunications link between an owner or operator of
3 an unmanned aircraft system and the unmanned aircraft system.
4 "(b) A person commits the crime of unauthorized
5 entry of a critical infrastructure if the person does any of
6 the following:
7 "(1) Intentionally enters without authority into any
8 structure or onto any premises belonging to another that
9 constitutes in whole or in part a critical infrastructure that
10 is completely enclosed by any type of physical barrier or
11 clearly marked with a sign or signs that are posted in a
12 conspicuous manner and indicate that unauthorized entry is
13 forbidden.
14 "(2) Uses or attempts to use a fraudulent document
15 for identification for the purpose of entering a critical
16 infrastructure.
17 "(3) Remains upon or on the premises of a critical
18 infrastructure after having been forbidden to do so, either
19 orally or in writing, by any owner, lessee, or custodian of
20 the property or by any other authorized person.
21 "(4) Intentionally enters into a restricted area of
22 a critical infrastructure which is marked as a restricted or
23 limited access area that is completely enclosed by any type of
24 physical barrier when the person is not authorized to enter
25 the restricted or limited access area.
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1 "(c) A person who commits the crime of unauthorized
2 entry of a critical infrastructure is guilty of a Class A
3 misdemeanor.
4 "(d) If, during the commission of the crime of
5 unauthorized entry of a critical infrastructure, the person
6 injures, removes, destroys, or breaks critical infrastructure
7 property, or otherwise interrupts or interferes with the
8 operations of a critical infrastructure asset, the person is
9 guilty of a Class C felony.
10 "(e) A person who commits the crime of unauthorized
11 entry of a critical infrastructure while possessing or
12 operating an unmanned aircraft system with an attached weapon,
13 firearm, explosive, destructive device, or ammunition is
14 guilty of a Class C felony.
15 "(d)(f) Nothing in this section shall be construed
16 to prevent lawful assembly and peaceful and orderly petition
17 for the redress of grievances, including, but not limited to,
18 any labor dispute between any employer and its employee."
19 Section 2. Although this bill would have as its
20 purpose or effect the requirement of a new or increased
21 expenditure of local funds, the bill is excluded from further
22 requirements and application under Amendment 621, as amended
23 by Amendment 890, now appearing as Section 111.05 of the
24 Official Recompilation of the Constitution of Alabama of 1901,
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1 as amended, because the bill defines a new crime or amends the
2 definition of an existing crime.
3 Section 3. This act shall become effective on the
4 first day of the third month following its passage and
5 approval by the Governor, or its otherwise becoming law.
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3
4
President and Presiding Officer of the Senate
5
6 Speaker of the House of Representatives
SB177
8 Senate 01-FEB-22
9 I hereby certify that the within Act originated in and passed
10 the Senate, as amended.
11
12 Patrick Harris,
13 Secretary.
14
15
16
17 House of Representatives
18 Passed: 10-FEB-22
19
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21 By: Senator Gudger
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