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Legislative Update

Offenses involving critical infrastructure

March 22, 2019 Filed Under: Criminal

The House Judiciary Committee heard SB 471, sponsored by Rep. Soliday, on offenses involving critical infrastructure. This bill provides that:

  • a person who, not having a contractual interest in the property, knowingly or intentionally enters the real property of a critical infrastructure facility without the permission of the owner of the critical infrastructure facility or an authorized person commits the offense of critical infrastructure facility trespass;
  • a person who recklessly, knowingly, or intentionally damages or defaces property of a critical infrastructure facility commits the offense of critical infrastructure facility mischief;
  • criminal penalties and civil remediesfor offenses involving a critical infrastructure facility;
  • the chapter addressing offenses of related critical infrastructure facilities does not apply to protected conduct or collective bargaining agreements

The bill was amended by consent to add an aluminum manufacturing facility to the list of critical infrastructures, to add a civil cause of action for losses by the facility, and to remove “organization” and replace with “person”. A representative from ALCOA testified in favor of the amendment adding aluminum manufacturing facilities.
Representatives from Indiana Petroleum Council, Country Mart, Indiana Prosecuting Attorneys Council, Indiana Building Trade Union, Manufacturing Associations, Indiana Energy Association, Indiana Broadband and Technology Association, Norfolk and Southern Rail, Indiana’s Cable Broadband Providers, and US Steel testified in favor of the bill. Representatives from Citizens Action Coalition, ACLU, Sierra Club, Hoosier Environmental Council, and the Indiana State Conference of NAACP testified against the bill. The amended bill passed 8-3.
Read the bill here: http://iga.in.gov/legislative/2019/bills/senate/471

Filed Under: Criminal Tagged With: damages, sentencing

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