Louisiana 2020 2020 Regular Session

Louisiana House Bill HB197 Comm Sub / Analysis

                    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 197 Engrossed	2020 Regular Session	Zeringue
Abstract:  Relative to the crime of unauthorized entry of a critical infrastructure, amends the
definition of "critical infrastructure" to add water control structures, including floodgates or
pump stations, and provides for an increased penalty when the crime is committed during the
existence of a state of emergency.
Present law provides for the crimes of unauthorized entry of a critical infrastructure  and criminal
damage to a critical infrastructure.
Present law defines "critical infrastructure" as any and all structures, equipment, or other immovable
or movable property located within or upon chemical manufacturing facilities, refineries, electrical
power generating facilities, electrical transmission substations and distribution substations, water
intake structures and water treatment facilities, natural gas transmission compressor stations,
liquified natural gas terminals and storage facilities, natural gas and hydrocarbon storage facilities,
transportation facilities, such as ports, railroad switching yards, pipelines, and trucking terminals,
or any site where the construction or improvement of any facility or structure is occurring.
Proposed law amends the present law definition of "critical infrastructure" to add water control
structures including floodgates or pump stations.
Present law provides that whoever commits the crime of unauthorized entry of a critical
infrastructure shall be imprisoned with or without hard labor for not more than five years, fined not
more than $1,000, or both.
Proposed law retains the present law penalties and provides for a fine of not less than $5,000 nor
more $10,000 and imprisonment at hard labor for not less than three years nor more than 15 years
without benefit of probation, parole, or suspension of sentence when the crime is committed during
the existence of a state of emergency, which has been declared pursuant to law by the governor or
the chief executive officer of any parish. 
(Amends R.S. 14:61(B)(1) and (C))