PRINTER'S NO. 928
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
819
Session of
2023
INTRODUCED BY YAW, LANGERHOLC, DUSH, MARTIN, VOGEL, AUMENT,
REGAN AND J. WARD, JUNE 20, 2023
REFERRED TO JUDICIARY, JUNE 20, 2023
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in burglary and other criminal
intrusion, providing for offenses relating to critical
infrastructure facilities; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 3506. Offenses relating to critical infrastructure
facilities.
(a) Trespass.--
(1) A person commits a misdemeanor of the third degree
if the person willfully and knowingly trespasses or enters
property containing a critical infrastructure facility
without permission by the owner of the property or lawful
occupant.
(2) A person convicted of violating paragraph (1) shall
be sentenced to pay a fine of not less than $500 or to
imprisonment for not less than 30 days nor more than one
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year, or both.
(3) Notwithstanding section 903 (relating to criminal
conspiracy), a person commits a misdemeanor of the third
degree if the person conspires with another person to commit
the offense of trespass against a critical infrastructure
facility in violation of this section.
(4) Notwithstanding section 905 (relating to grading of
criminal attempt, solicitation and conspiracy), a person
convicted of violating paragraph (3) shall be sentenced to
pay a fine of not less than $5,000.
(5) A person commits a felony of the third degree if the
person willfully and knowingly trespasses or enters property
containing a critical infrastructure facility without
permission by the owner of the property or lawful occupant
with the intent to willfully damage, destroy, vandalize,
deface, tamper with equipment or impede or inhibit operations
of the critical infrastructure facility.
(6) A person convicted of violating paragraph (5) shall
be sentenced to pay a fine of not less than $1,000 or to
imprisonment in a State correctional facility for not less
than one year nor more than three years, or both.
(b) Vandalism.--
(1) A person commits a felony of the third degree if the
person:
(i) willfully damages, destroys, vandalizes, defaces
or tampers with equipment in a critical infrastructure
facility; or
(ii) notwithstanding section 903, conspires with
another person to willfully damage, destroy, vandalize,
deface or tamper with equipment in a critical
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infrastructure facility.
(2) Grading for offenses under paragraph (1) shall be as
follows:
(i) A person convicted of violating paragraph (1)(i)
shall be sentenced to pay a fine of not less than $2,000
or to imprisonment in a State correctional facility for
not less than one year nor more than five years, or both.
(ii) Notwithstanding section 905, a person convicted
of violating paragraph (1)(ii) shall be sentenced to pay
a fine of not less than $10,000.
(c) Civil liability.--An owner of a critical infrastructure
facility may file a cause of action in a court of competent
jurisdiction against a person who is arrested for or convicted
of an offense under this section for damages to personal or real
property, including damages to pipeline construction and pigging
stations .
(d) Definition.--As used in this section, the term "critical
infrastructure facility" means systems and assets, whether
physical or virtual, so vital to the United States or the
Commonwealth that the incapacity or destruction of the systems
and assets would have a debilitating impact on security,
national economic security, State economic security, national
public health or safety, State public health or safety or any
combination of those matters, whether the systems or assets are
in operation or are under construction. The term includes the
following, if completely enclosed by a fence or other physical
barrier that is obviously designed to exclude intruders or if
clearly marked with a sign that is posted on the property that
are reasonably likely to come to the attention of intruders and
indicate that entry is forbidden without site authorization:
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(1) A petroleum or alumina refinery.
(2) An electrical power generating facility, substation,
switching station, electrical control center or electric
power lines and associated equipment infrastructure.
(3) A chemical, polymer or rubber manufacturing
facility.
(4) A water intake structure, water treatment facility,
wastewater treatment plant or pump station.
(5) A natural gas compressor station.
(6) A liquid natural gas terminal or storage facility.
(7) Wireline and wireless telecommunications
infrastructure.
(8) A port, railroad switching yard, trucking terminal
or other freight transportation facility.
(9) A gas processing plant, including a plant used in
the processing, treatment or fractionation of natural gas or
natural gas liquids.
(10) A transmission facility used by a federally
licensed radio or television station.
(11) A steelmaking facility that uses an electric arc
furnace to make steel.
(12) A facility identified and regulated by the United
States Department of Homeland Security Chemical Facility
Anti-Terrorism Standards program.
(13) A dam that is regulated by the Federal or State
Government.
(14) A natural gas distribution utility facility,
including pipeline interconnections, a city gate or town
border station, metering station, below or above-ground
pipeline or piping and truck loading or offloading facility,
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a natural gas storage facility, a natural gas transmission
facility or a natural gas utility distribution facility.
(15) A crude oil or refined products storage and
distribution facility, including valve sites, pipeline
interconnections, pump station, metering station, below or
above-ground pipeline or piping and truck loading or
offloading facility.
(16) An above-ground portion of an oil, gas, hazardous
liquid or chemical pipeline, tank or other storage facility.
(17) Natural gas well pads and production facilities.
Section 2. This act shall take effect in 60 days.
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