HB453ENROLLED
Page 0
HB453
3GPMZEZ-3
By Representative Mooney
RFD: Transportation, Utilities and Infrastructure
First Read: 11-Apr-24
1
2
3
4
5 HB453 Enrolled
Page 1
First Read: 11-Apr-24
Enrolled, An Act,
Relating to crimes and offenses; to amend Section
13A-7-4.3, Code of Alabama 1975; to further provide for the
crime of unauthorized entry of a critical infrastructure
facility.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-7-4.3, Code of Alabama 1975, is
amended to read as follows:
"ยง13A-7-4.3
(a) For the purposes of this section, the following
words have the following meanings:
(1) CRITICAL INFRASTRUCTURE. A system or asset, whether
physical or virtual, so vital to the United States that the
incapacity or destruction of the system or asset would have a
debilitating impact on security, national economic security,
national public health, or national public safety.
(1)(2) CRITICAL INFRASTRUCTURE FACILITY. The term
includes, but is not limited to, any of the following,
including any critical infrastructure located on or in any of
the following types of facilities:
a. a A chemical, polymer, or rubber manufacturing
facility,.
b.a A pipeline,.
c.a A refinery,.
d.an An electrical power generating facility .
e.and the The area surrounding the an electrical power
generating facility,.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 HB453 Enrolled
Page 2
generating facility,.
f.an An electrical transmission tower .
g.and An electrical substation and or distribution
substation,.
h.an An electric utility control center ,.
i.Electrical communication equipment ,.
j.a An electrical switching station ,.
k. Electric power lines, power storage equipment, or
other utility equipment.
l.a A water intake structure and , water treatment
facility, or wastewater treatment plant or pump station. Any
portion of a public water system or public wastewater
treatment system.
m. a A natural gas transmission compressor station ,.
n.a A liquefied natural gas (LNG) terminal and or
storage facility ,.
o. A natural gas distribution facility, including, but
not limited to, a pipeline interconnection, a city gate or
town border station, a metering station, aboveground piping, a
regular station, or a natural gas and or hydrocarbon storage
or production facility ,.
p.A mining operations,operation.
q.beneficiation Beneficiation infrastructure and or
mining infrastructure ,.
r.and a A transportation facility , such as a port,
airport, railroad operating facility, or trucking terminal.
s. Wireline or wireless telecommunications
communications infrastructure.
t. A gas processing plant, including a plant used in
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 HB453 Enrolled
Page 3
t. A gas processing plant, including a plant used in
the processing, treatment, or fractionation of natural gas or
natural gas liquids.
u. A steelmaking facility that uses an electric arc
furnace.
v. A dam that is regulated by the state or federal
government.
w. A crude oil or refined products storage or
distribution facility, including, but not limited to, a valve
site, a pipeline interconnection, a pump station, a metering
station, below ground piping, above ground piping, or a truck
loading or offloading facility.
(2)(3) FRAUDULENT DOCUMENTS FOR IDENTIFICATION
PURPOSES. A document whichthat is presented as being a bona
fide document that provides personal identification
information but which, in fact, is false, forged, altered, or
counterfeit.
(3)(4) PERSON. An individual, trust, estate,
corporation, partnership, limited partnership, limited
liability partnership, limited liability company, or
unincorporated nonprofit association having a separate legal
existence under state law.
(4)(5) UNMANNED AIRCRAFT SYSTEM. A powered, aerial
vehicle that does not carry a human operator, uses aerodynamic
forces to provide vehicle lift, may fly autonomously through
an onboard computer or be piloted remotely, and may be
expendable or recoverable. The term does not include a
satellite orbiting the Earth or a spacecraft beyond Earth's
atmosphere and may not be construed to implicate the provider
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 HB453 Enrolled
Page 4
atmosphere and may not be construed to implicate the provider
of a telecommunications link between an owner or operator of
an unmanned aircraft system and the unmanned aircraft system.
(b) A person commits the crime of unauthorized entry of
a critical infrastructure facility if the person does any of
the following:
(1) Intentionally enters without authority into any
structure or onto any premises belonging to another that
constitutes in whole or in part a critical infrastructure
facility that is completely enclosed by any type of physical
barrier or clearly marked with a sign or signs that are posted
in a conspicuous manner and indicate that unauthorized entry
is forbidden.
(2) Uses or attempts to use a fraudulent document for
identification for the purpose of entering a critical
infrastructure facility.
(3) Remains upon or on the premises of a critical
infrastructure facility after having been forbidden to do so,
either orally or in writing, by any owner, lessee, or
custodian of the property or by any other authorized person.
(4) Intentionally enters into a restricted area of a
critical infrastructure facility which is marked as a
restricted or limited access area that is completely enclosed
by any type of physical barrier when the person is not
authorized to enter the restricted or limited access area.
(c) A person who commits the crime of unauthorized
entry of a critical infrastructure facility is guilty of a
Class A misdemeanor.
(d) If, during the commission of the crime of
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112 HB453 Enrolled
Page 5
(d) If, during the commission of the crime of
unauthorized entry of a critical infrastructure facility, the
person injures, removes, destroys, or breaks critical
infrastructure property, or otherwise interrupts or interferes
with the operations of a critical infrastructure asset, the
person is guilty of a Class C felony.
(e) A person who commits the crime of unauthorized
entry of a critical infrastructure facility while possessing
or operating an unmanned aircraft system with an attached
weapon, firearm, explosive, destructive device, or ammunition
is guilty of a Class C felony.
(f) Nothing in this section shall be construed to
prevent lawful assembly and peaceful and orderly petition for
the redress of grievances, including, but not limited to, any
labor dispute between any employer and its employee.
(g) Nothing in this section shall be construed to
prohibit the state, a county, or a municipality from taking
any lawful action on their respective rights-of-way. "
Section 2. This act shall become effective on October
1, 2024.
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131 HB453 Enrolled
Page 6
1, 2024.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 25-Apr-24, as amended.
John Treadwell
Clerk
Senate 08-May-24 Passed
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162