ENROLLED
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
1 AN ACT
2 To amend and reenact R.S. 14:61(B)(1), (C), and (D) and to enact R.S. 14:61(B)(3) and
3 61.1, 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; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 14:61(B)(1), (C), and (D) are hereby amended and reenacted and
11 R.S. 14:61(B)(3) and 61.1 are hereby enacted to read as follows:
12 §61. Unauthorized entry of a critical infrastructure
13 * * *
14 B. For the purposes of this Section, the following words shall have the
15 following meanings:
16 (1) "Critical infrastructure" shall include but not be limited to means any and
17 all structures, equipment, or other immovable or movable property located within or
18 upon chemical manufacturing facilities, refineries, electrical power generating
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1 facilities, electrical transmission substations and distribution substations, water
2 intake structures and water treatment facilities, natural gas transmission compressor
3 stations, liquified natural gas (LNG) terminals and storage facilities, natural gas and
4 hydrocarbon storage facilities, and transportation facilities, such as ports, railroad
5 switching yards, pipelines, and trucking terminals, or any site where the construction
6 or improvement of any facility or structure referenced in this Section is occurring.
7 * * *
8 (3) "Pipeline" means flow, transmission, distribution, or gathering lines,
9 regardless of size or length, which transmit or transport oil, gas, petrochemicals,
10 minerals, or water in a solid, liquid, or gaseous state.
11 C. Whoever commits the crime of unauthorized entry of a critical
12 infrastructure shall be imprisoned with or without hard labor for not more than five
13 years, fined not more than one thousand dollars or imprisoned with or without hard
14 labor for not more than six years, or both.
15 D. Nothing in this Section shall be construed to apply to or prevent the
16 following: lawful assembly and peaceful and orderly petition for the redress of
17 grievances, including but not limited to any labor dispute between any employer and
18 its employee.
19 (1) Lawful assembly and peaceful and orderly petition, picketing, or
20 demonstration for the redress of grievances or to express ideas or views regarding
21 legitimate matters of public interest, including but not limited to any labor dispute
22 between any employer and its employee or position protected by the United States
23 Constitution or the Constitution of Louisiana.
24 (2) Lawful commercial or recreational activities conducted in the open or
25 unconfined areas around a pipeline, including but not limited to fishing, hunting,
26 boating, and birdwatching.
27 (3) Nothing in this Section shall be construed to prevent the owner of an
28 immovable from exercising right of ownership, including use, enjoyment, and
29 disposition within the limits and under the conditions established by law,"
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1 §61.1. Criminal damage to a critical infrastructure
2 A. Criminal damage to a critical infrastructure is the intentional damaging
3 of a critical infrastructure as defined in R.S. 14:61.
4 B. Any person who commits the crime of criminal damage to a critical
5 infrastructure shall be imprisoned with or without hard labor for not more than
6 fifteen years, fined not more than ten thousand dollars, or both.
7 C. Any person who commits the crime of criminal damage to a critical
8 infrastructure wherein it is foreseeable that human life will be threatened or
9 operations of a critical infrastructure will be disrupted as a result of such conduct
10 shall be imprisoned at hard labor for not more than twenty years, fined not more than
11 twenty-five thousand dollars, or both.
12 D. A person convicted under the provisions of this Section may be ordered
13 to make restitution to the owner of the property pursuant to Code of Criminal
14 Procedure Article 883.2.
15 E. A person convicted under R.S. 14:26 of violation of R.S. 14:61.1 shall not
16 be limited by R.S. 14:26(D) where it is foreseeable that more than one human life
17 will be threatened as a result of such conduct, and each conspirator shall be
18 imprisoned at hard labor for no more than twelve years, fined not more than two
19 hundred fifty thousand dollars, or both.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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