HB290INTRODUCED
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HB290
KHPPDU5-1
By Representatives Mooney, Carns, Bolton, Easterbrook,
Fincher, Faulkner, Kiel, Shedd, DuBose, Stadthagen
RFD: State Government
First Read: 13-Feb-25
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6 KHPPDU5-1 02/13/2025 CMH (L)CMH 2025-814
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First Read: 13-Feb-25
SYNOPSIS:
Under existing law, a critical infrastructure is
a system or asset so vital to the United States that
its incapacity or destruction would have a debilitating
impact on the nation's security, economy, public
health, or public safety. Various facilities are
enumerated as critical infrastructure facilities and
are protected by law.
This bill would further provide for the term
"critical infrastructure facility" to include
communications service infrastructure or facilities.
This bill would also further provide for the
crimes of unauthorized entry of a critical
infrastructure facility and criminal tampering in the
first and second degrees to further provide requisite
criminal intent.
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to amend Section
13A-7-4.3, Code of Alabama 1975, as last amended by Act
2024-395, 2024 Regular Session, and Sections 13A-7-25 and
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2024-395, 2024 Regular Session, and Sections 13A-7-25 and
13A-7-26, Code of Alabama 1975, to further provide for the
definition of "critical infrastructure facility;" to further
provide for the crime of unauthorized entry of a critical
infrastructure facility; and to further provide for the crimes
of criminal tampering in the first and second degrees.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-7-4.3, Code of Alabama 1975, as
last amended by Act 2024-395, 2024 Regular Session, and
Sections 13A-7-25 and 13A-7-26, Code of Alabama 1975, are
amended to read as follows:
"§13A-7-4.3
(a) For the purposes of this section, the following
wordsterms 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.
(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 chemical, polymer, or rubber manufacturing
facility.
b. A pipeline.
c. A refinery.
d. An electrical power generating facility.
e. The area surrounding an electrical power generating
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e. The area surrounding an electrical power generating
facility.
f. An electrical transmission tower.
g. An electrical substation or distribution substation.
h. An electric utility control center.
i. Electrical communication equipment.
j. An electrical switching station.
k. Electric power lines, power storage equipment, or
other utility equipment.
l. Any portion of a public water system or public
wastewater treatment system.
m. A natural gas transmission compressor station.
n. A liquefied natural gas (LNG) terminal 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 or hydrocarbon storage or
production facility.
p. A mining operation.
q. Beneficiation infrastructure or mining
infrastructure.
r. A transportation facility such as a port, airport,
railroad operating facility, or trucking terminal.
s. Wireline or wireless communications
infrastructureCommunications service infrastructure or
facilities, as defined under Section 37-17-1 .
t. A gas processing plant, including a plant used in
the processing, treatment, or fractionation of natural gas or
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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.
(3) FRAUDULENT DOCUMENTS FOR IDENTIFICATION PURPOSES. A
document that is presented as being a bona fide document that
provides personal identification information but which, in
fact, is false, forged, altered, or counterfeit.
(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.
(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 of a
telecommunications link between an owner or operator of an
unmanned aircraft system and the unmanned aircraft system.
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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 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 whichthat is marked as a
restricted or limited access area ,or 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
unauthorized entry of a critical infrastructure facility, the
a person intentionally, recklessly, or with criminal
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a person intentionally, recklessly, or with criminal
negligence 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.
(h) Nothing in subsection (b) or (d) shall apply to any
act committed by a person within the scope of his or her
employment. For purposes of this subsection, the scope of a
person's employment shall include the performance of actions
that are necessary for the performance of a lawful work
assignment."
"§13A-7-25
(a) A person commits the crime of criminal tampering in
the first degree if the person does any of the following:
(1) Having no right to do so or any reasonable ground
to believe that he or she has such a right, intentionally or
recklessly causes substantial interruption or impairment of a
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recklessly causes substantial interruption or impairment of a
service rendered to the public by a utility.
(2) Threatens an individual with a deadly weapon or
dangerous instrument with the intent to obstruct the operation
of a utility. This subdivision only applies if the individual
is working under the procedures and within the scope of his or
her duties as an employee of the utility and has properly
identified himself or herself when asked by stating his or her
name, employer, and purpose of work.
(b) Criminal tampering in the first degree is a Class C
felony.
(c) Nothing in this section shall be construed to
prohibit the state, a county, or a municipality from taking
any lawful action on its respective rights-of-way. "
"§13A-7-26
(a) A person commits the crime of criminal tampering in
the second degree if, having no right to do so or any
reasonable ground to believe that he or she has such a right,
hethe person:
(1) Intentionally or recklessly tampers with property
of another for the purpose of causing substantial
inconvenience to that person or to another; or
(2) Intentionally or recklessly tampers or makes
connection with property of a utility.
(b) Criminal tampering in the second degree is a Class
B misdemeanor.
(c) Nothing in this section shall be construed to
prohibit the state, a county, or a municipality from taking
any lawful action on its respective rights-of-way. "
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any lawful action on its respective rights-of-way. "
Section 2. This act shall become effective on October
1, 2025.
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