HLS 18RS-1314 REENGROSSED
2018 Regular Session
HOUSE BILL NO. 727
BY REPRESENTATIVES THIBAUT, ABRAHAM, AMEDEE, ANDERS, BAGLEY,
BERTHELOT, BILLIOT, BISHOP, TERRY BROWN, CARMODY, STEVE
CARTER, CHANEY, COUSSAN, CREWS, CROMER, DANAHAY, DAVIS,
DEVILLIER, DWIGHT, EDMONDS, EMERSON, GUINN, LANCE HARRIS,
HAVARD, HAZEL, HENSGENS, HODGES, HOFFMANN, HORTON, HOWARD,
LEBAS, LEOPOLD, MACK, MAGEE, MCFARLAND, MIGUEZ, JIM MORRIS,
NORTON, POPE, PUGH, PYLANT, RICHARD, SCHEXNAYDER, SEABAUGH,
STAGNI, STEFANSKI, TALBOT, THOMAS, WRIGHT, AND ZERINGUE AND
SENATORS BOUDREAUX, CHABERT, CLAITOR, CORTEZ, ERDEY,
HEWITT, JOHNS, LAFLEUR, LAMBERT, MORRISH, RISER, THOMPSON,
WALSWORTH, AND WHITE
CRIME: Provides relative to unauthorized entry of and criminal damage to a critical
infrastructure
1 AN ACT
2To amend and reenact R.S. 14:61(B)(1) and (C) and to enact R.S. 14:61(B)(3), 61.1, and
3 61.2, relative to offenses involving critical infrastructure; to provide relative to the
4 crime of unauthorized entry of a critical infrastructure; to amend the definition of
5 "critical infrastructure"; to provide for a definition of "pipeline"; to amend the
6 penalties for the crime of unauthorized entry of a critical infrastructure; to create the
7 crime of criminal damage to critical infrastructure; to provide for elements of the
8 offense; to provide for criminal penalties; to create the crime of conspiracy to engage
9 in unauthorized entry of a critical infrastructure or in criminal damage to a critical
10 infrastructure; to provide for elements of the offense; to provide for criminal
11 penalties; and to provide for related matters.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 14:61(B)(1) and (C) is hereby amended and reenacted and R.S.
1414:61(B)(3), 61.1, and 61.2 are hereby enacted to read as follows:
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HB NO. 727
1 §61. Unauthorized entry of a critical infrastructure
2 * * *
3 B. For the purposes of this Section, the following words shall have the
4 following meanings:
5 (1) "Critical infrastructure" shall include but not be limited to means any and
6 all structures, equipment, or other immovable or movable property located within or
7 upon chemical manufacturing facilities, refineries, electrical power generating
8 facilities, electrical transmission substations and distribution substations, water
9 intake structures and water treatment facilities, natural gas transmission compressor
10 stations, liquified natural gas (LNG) terminals and storage facilities, natural gas and
11 hydrocarbon storage facilities, and transportation facilities, such as ports, railroad
12 switching yards, pipelines, and trucking terminals, or any site where the construction
13 or improvement of any facility or structure referenced in this Section is occurring.
14 * * *
15 (3) "Pipeline" means flow, transmission, distribution, or gathering lines,
16 regardless of size or length, which transmit or transport oil, gas, petrochemicals,
17 minerals, or water in a solid, liquid, or gaseous state.
18 C. Whoever commits the crime of unauthorized entry of a critical
19 infrastructure shall be imprisoned with or without hard labor for not more than five
20 years, fined not more than one thousand dollars or imprisoned with or without hard
21 labor for not more than six years, or both.
22 * * *
23 §61.1. Criminal damage to a critical infrastructure
24 A. Criminal damage to a critical infrastructure is the intentional damaging
25 of a critical infrastructure as defined in R.S. 14:61.
26 B. Any person who commits the crime of criminal damage to a critical
27 infrastructure shall be imprisoned with or without hard labor for not less than one
28 year nor more than fifteen years, fined not more than ten thousand dollars, or both.
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HB NO. 727
1 C. Any person who commits the crime of criminal damage to a critical
2 infrastructure wherein it is foreseeable that human life will be threatened or
3 operations of a critical infrastructure will be disrupted as a result of such conduct
4 shall be imprisoned at hard labor for not less than six years nor more than twenty
5 years, fined not more than twenty-five thousand dollars, or both.
6 D. A person convicted under the provisions of this Section may be ordered
7 to make restitution to the owner of the property pursuant to Code of Criminal
8 Procedure Article 883.2.
9 §61.2. Conspiracy to engage in unauthorized entry of a critical infrastructure or to
10 engage in criminal damage to a critical infrastructure
11 A. If two or more persons conspire, as defined by R.S. 14:26, to violate R.S.
12 14:61, each person shall be imprisoned with or without hard labor for not more than
13 five years, fined not more than ten thousand dollars, or both.
14 B. Except as provided in Subsection C of this Section, if two or more
15 persons conspire, as defined by R.S. 14:26, to violate R.S. 14:61.1, each person shall
16 be imprisoned with or without hard labor for not less than one year nor more than
17 fifteen years, fined not more than one hundred thousand dollars, or both.
18 C. If two or more persons conspire, as defined by R.S. 14:26, to violate R.S.
19 14:61.1 wherein it is foreseeable that human life will be threatened or operations of
20 a critical infrastructure will be disrupted as a result of such conduct, each person
21 shall be imprisoned at hard labor for not less than six years nor more than twenty
22 years, fined not more than two hundred fifty thousand dollars, or both.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 727 Reengrossed 2018 Regular Session Thibaut
Abstract: Amends the crime of unauthorized entry of a critical infrastructure and creates
the crime of criminal damage to a critical infrastructure and the crime of conspiracy
to commit either of these offenses.
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HB NO. 727
Present law provides for the crime of unauthorized entry of a critical infrastructure and
defines critical infrastructure as any chemical manufacturing facility, refinery, electrical
power generating facility, electrical transmission substation and distribution substation,
water intake structure and water treatment facility, natural gas transmission compressor
station, liquified natural gas (LNG) terminal and storage facility, natural gas and
hydrocarbon storage facility, and transportation facility, such as ports, railroad switching
yards, and trucking terminals.
Proposed law amends the present law definition of "critical infrastructure" to do both of the
following:
(1)Include any and all structures, equipment, or other immovable or movable property
located within or upon such facilities, including any site where the construction or
improvement of any such facility or structure is occurring.
(2)Include "pipeline" which is defined by proposed law to mean flow, transmission,
distribution, or gathering lines, regardless of size or length, which transmit or
transport oil, gas, petrochemicals, minerals, or water in a solid, liquid, or gaseous
state.
Present law provides that whoever commits the crime of unauthorized entry of a critical
infrastructure shall be fined not more than $1,000 or imprisoned with or without hard labor
for not more than six years, or both.
Proposed law amends the present law penalties to provide that such persons shall be
imprisoned with or without hard labor for not more than five years, fined not more than
$1,000, or both.
Proposed law creates the crime of criminal damage to a critical infrastructure and defines
it as the intentional damaging of a critical infrastructure as defined by present law. Further
provides for the following penalties:
(1)Imprisonment with or without hard labor for not less than one year nor more than 15
years, a fine of not more than $10,000, or both.
(2)If it is foreseeable that human life will be threatened or operations of a critical
infrastructure will be disrupted as a result of the conduct - imprisonment at hard
labor for not less than six years nor more than 20 years, a fine of not more than
$25,000, or both.
Proposed law authorizes the court to order that the person make restitution to the owner of
the property pursuant to present law (C.Cr.P. Art. 883.2).
Proposed law creates the crime of conspiracy to engage in unauthorized entry of a critical
infrastructure or to engage in criminal damage to a critical infrastructure, and provides for
the following penalties:
(1)If two or more persons conspire, as defined by present law (R.S. 14:26), to commit
the crime of unauthorized entry of a critical infrastructure, each person shall be
imprisoned with or without hard labor for not more than five years, fined not more
than $10,000, or both.
(2)If two or more persons conspire, as defined by present law (R.S. 14:26), to commit
criminal damage to a critical infrastructure, each person shall be imprisoned with or
without hard labor for not less than one year nor more than 15 years, fined not more
than $100,000, or both.
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HB NO. 727
(3)If two or more persons conspire, as defined by present law (R.S. 14:26), to commit
criminal damage to a critical infrastructure wherein it is foreseeable that human life
will be threatened or operations of a critical infrastructure will be disrupted as a
result of such conduct, each person shall be imprisoned at hard labor for not less than
six years nor more than 20 years, fined not more than $250,000, or both.
(Amends R.S. 14:61(B)(1) and (C); Adds R.S. 14:61(B)(3), 61.1, and 61.2)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Remove the provision which authorized the court to assess court costs and costs
of investigation and prosecution.
2. Provide that the proposed law authorization to require the person to make
restitution to the property owner shall be pursuant to the present law provision
which provides for the payment of restitution in criminal cases.
3. For purposes of proposed law, define "conspire" as that term is defined by
present law (R.S. 14:26).
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