Relating to criminal trespass; to amend Section 13A-7-4.3, Code of Alabama 1975, to further provide for the crime of unauthorized entry of a critical infrastructure; to further provide criminal penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
Section 13A-7-4.3, Code of Alabama 1975, is amended to read as follows: "§13A-7-4.3. "(a) For the purposes of this section, the following words have the following meanings: "(1) CRITICAL INFRASTRUCTURE. The term includes, but is not limited to, a chemical manufacturing or processing facility, a pipeline, a refinery, an electrical power generating facility and the area surrounding the facility, an electrical transmission tower and substation, and a distribution substation or associated facility, an electric utility control center, communication equipment, a switching station, a water intake structure and water treatment facility, a natural gas transmission compressor station, a liquefied natural gas (LNG) terminal and storage facility, a natural gas and hydrocarbon storage facility, mining operations, beneficiation infrastructure, mining infrastructure, and a transportation facility, such as a port, railroad operating facility, or trucking terminal, any facility designated as critical infrastructure under 18 U.S.C. § 2339D, and any industrial plant or facility of any of the foregoing. "(2) FRAUDULENT DOCUMENTS FOR IDENTIFICATION PURPOSES. A document which is presented as being a bona fide document that provides personal identification information but which, in fact, is false, forged, altered, or counterfeit. "(3) PERSON. An individual, trust, estate, corporation, partnership, limited partnership, limited liability partnership, limited liability company, or unincorporated nonprofit association having a separate legal existence under state law. "(4) PIPELINE. Flow, transmission, distribution, or gathering lines, regardless of size or length, that transmit or transport oil, gas, petrochemicals, minerals, or water in a solid, liquid, or gaseous state. "(5) UNMANNED AIRCRAFT SYSTEM. A powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, may fly autonomously through an onboard computer or be piloted remotely, and may be expendable or recoverable. The term does not include a satellite orbiting the Earth or a spacecraft beyond Earth's atmosphere, and may not be construed to implicate the provider of a telecommunications link between an owner or operator of an unmanned aircraft system and the unmanned aircraft system. "(b) A person commits the crime of unauthorized entry of a critical infrastructure if the person does any of the following: "(1) Intentionally enters without authority into any structure or onto any premises belonging to another that constitutes in whole or in part a critical infrastructure that is completely enclosed by any type of physical barrier or clearly marked with a sign or signs that are posted in a conspicuous manner and indicate that unauthorized entry is forbidden. "(2) Uses or attempts to use a fraudulent document for identification for the purpose of entering a critical infrastructure. "(3) Remains upon or on the premises of a critical infrastructure after having been forbidden to do so, either orally or in writing, by any owner, lessee, or custodian of the property or by any other authorized person. "(4) Intentionally enters into a restricted area of a critical infrastructure which is marked as a restricted or limited access area that is completely enclosed by any type of physical barrier when the person is not authorized to enter the restricted or limited access area. "(c) A person who commits the crime of unauthorized entry of a critical infrastructure is guilty of a Class A misdemeanor. "(d) If, during the commission of the crime of unauthorized entry of a critical infrastructure, the person injures, removes, destroys, breaks, or otherwise interrupts or interferes with the operations of a critical infrastructure asset, the person is guilty of a Class C felony. "(e) A person who commits the crime of unauthorized entry of a critical infrastructure while possessing or operating an unmanned aircraft system with an attached weapon, firearm, explosive, destructive device, or ammunition is guilty of a Class C felony. "(d) (f) Nothing in this section shall be construed to prevent lawful assembly and peaceful and orderly petition for the redress of grievances, including, but not limited to, any labor dispute between any employer and its employee."
Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621 because the bill defines a new crime or amends the definition of an existing crime.
This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law. Senate Read for the first time and referred to the Senate committee on Transportation and Energy............ 0.4-FEB-20Read for the second time and placed on the calen- dar with 1 substitute and......................... 1.3-FEB-20Read for the third time and passed as amended .... 1.2-MAR-20 Yeas 28 Nays Patrick Harris, Secretary.
|March 12, 2020||S||Transportation and Energy first Substitute Offered|
|March 12, 2020||S||Engrossed|
|March 12, 2020||S||Motion to Read a Third Time and Pass adopted Roll Call 409|
|March 12, 2020||S||Ward motion to Adopt adopted Roll Call 408|
|March 12, 2020||S||Ward first Substitute Offered|
|March 12, 2020||S||Ward motion to Table adopted Voice Vote|
|March 12, 2020||S||Transportation and Energy zeroeth Substitute Offered|
|March 12, 2020||S||Third Reading Passed|
|March 5, 2020||S||Ward motion to Carry Over to the Call of the Chair adopted Voice Vote|
|March 5, 2020||S||Third Reading Carried Over to Call of the Chair|
|February 13, 2020||S||Read for the second time and placed on the calendar with 1 substitute and|
|February 4, 2020||S||Read for the first time and referred to the Senate committee on Transportation and Energy|