The legislation categorizes violations based on the financial cost of the damage. Specifically, it creates a tiered penalty structure where damage exceeding $500 but not exceeding $10,000 can lead to Class 3 felony charges, while damage over $10,000 escalates to a Class 2 felony. This incremental approach to penalties is designed to deter potential offenders by imposing significant legal repercussions for more substantial damages. The inclusion of civil liability allows the owners of these facilities to pursue damages in civil court, thereby enhancing their legal recourse against those who cause harm to their property.
Summary
SB3086 seeks to amend the Criminal Code of 2012 by introducing new legal definitions and increasing penalties related to the intentional damage, destruction, or tampering of equipment within critical infrastructure facilities. The bill defines 'critical infrastructure facility' broadly to include various entities such as refineries, electrical plants, water treatment facilities, natural gas facilities, and telecommunications infrastructure. By establishing these specific definitions, the bill aims to enhance the protection of essential services vital to public health and safety.
Contention
Notable points of contention surrounding SB3086 include the broader implications of classifying more types of property damage as felonies. Critics may argue that the legislation could be overly punitive, particularly for individuals who may inadvertently damage property without malicious intent. Furthermore, by lowering the threshold for criminal trespass to critical infrastructure facilities, concerns may arise regarding the potential criminalization of protests or other lawful activities that may inadvertently encroach upon these protected spaces. The bill is likely to face scrutiny from advocacy groups concerned about maintaining a balance between the necessary protection of vital services and the preservation of civil liberties.
Including aboveground and belowground lines, cables and wires in the definition of a critical infrastructure facility used for telecommunications or video services for the crimes of trespassing on a critical infrastructure facility and criminal damage to a critical infrastructure facility.
Liability and vicarious liability for trespass to critical infrastructure created, and crime for recruiting or educating individuals to trespass on or damage critical infrastructure created.