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 Engrossed 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.
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 provides that any person convicted of this offense may be assessed court costs and the
costs of investigation and prosecution reasonably incurred, with the funds received for the costs of
investigation being remitted to the law enforcement agency conducting the investigation.
Proposed law authorizes the court to order that the person make full restitution to the owner of the
property either by payment in full or under a periodic payment plan consistent with the person's
ability to pay.
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 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 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.
(3)If two or more persons conspire 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)