Stricken language would be deleted from and underlined language would be added to present law.
Act 712 of the Regular Session
1 State of Arkansas As Engrossed: H2/25/21 H3/8/21 S3/16/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1321
4
5 By: Representatives Gazaway, Boyd, Bryant, Cloud, Dalby, L. Fite, M. Gray, Haak, Hawks, Hillman,
6 Jean, L. Johnson, J. Mayberry, McCollum, Ray, Underwood
7 By: Senators A. Clark, Hester, Rapert
8
9 For An Act To Be Entitled
10 AN ACT CONCERNING OFFENSES COMMITTED AGAINST CRITICAL
11 INFRASTRUCTURE; AND FOR OTHER PURPOSES.
12
13
14 Subtitle
15 CONCERNING OFFENSES COMMITTED AGAINST
16 CRITICAL INFRASTRUCTURE.
17
18
19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
20
21 SECTION 1. Arkansas Code 5-38-101, concerning definitions used with
22 respect to damage or property destruction offenses, is amended to add
23 additional subdivisions to read as follows:
24 (6) "Critical infrastructure" means any of the following
25 facilities that are either completely enclosed by a fence or other physical
26 barrier that is designed to exclude persons without permission to be in the
27 facility or otherwise is clearly marked with signs that are reasonably likely
28 to be seen by another person that indicate entry or unauthorized access is
29 forbidden without facility authorization:
30 (A) A chemical or rubber manufacturing facility;
31 (B) A water intake structure, water treatment facility,
32 wastewater facility, drainage facility, water management facility, or any
33 similar water or sewage treatment system and the water or sewage treatment
34 system's piping;
35 (C) A food processing or manufacturing facility;
36 (D) A natural gas company facility or interstate natural
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1 gas pipeline, including without limitation:
2 (i) A pipeline interconnection;
3 (ii) A natural gas compressor station and associated
4 facility;
5 (iii) A city gate or town border station;
6 (iv) A metering station;
7 (v) Aboveground piping;
8 (vi) A regulator station;
9 (vii) A valve site;
10 (viii) A delivery station; and
11 (ix) Fabricated assembly and any part of a natural
12 gas storage facility involved in the gathering, storage, transmission, or
13 distribution of gas;
14 (E) Wireline or wireless telecommunications
15 infrastructure, including telecommunications towers, telephone poles,
16 telephone lines, and fiber optic lines;
17 (F) A port, trucking terminal, or other freight
18 transportation facility;
19 (G) A gas processing plant, including a gas processing
20 plant used in the processing, treatment, or fractionation of natural gas or
21 natural gas liquids;
22 (H) A crude oil or refined products storage and
23 distribution facility, including without limitation:
24 (i) A valve site;
25 (ii) A pipeline interconnection;
26 (iii) A pump station;
27 (iv) A metering station;
28 (v) A belowground or aboveground pipeline or piping;
29 (vi) A truck loading or off-loading facility; and
30 (vii) An aboveground portion of a well, well pad, or
31 production operation;
32 (I) A laydown area or construction site for pipe and other
33 equipment intended for use on an interstate or intrastate natural gas or
34 crude oil pipeline;
35 (J) A portion of an oil, gas, hazardous liquid, or
36 chemical pipeline, tank, or other storage facility that is aboveground;
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1 (K) A video service network and broadband infrastructure,
2 including without limitation:
3 (i) Associated buildings and facilities;
4 (ii) Video service headends, towers, utility poles,
5 and utility lines; and
6 (iii) Fiber optic lines;
7 (L) A mining operation, including any processing
8 equipment, batching operation, or support facility for that mining operation;
9 (M) A facility installed in a public right-of-way on a
10 utility pole or in a conduit that is aboveground and concerns a video service
11 network or broadband or wireless telecommunications infrastructure;
12 (N) Railroad property; and
13 (O) Property owned by and considered an electronic asset
14 of any of the following:
15 (i) An electric utility;
16 (ii) An electric cooperative;
17 (iii) A municipal electric utility;
18 (iv) A natural gas company that is a public utility;
19 (v) A telephone company that is a public utility; or
20 (vi) A video service provider, including a cable
21 operator; and
22 (7) "Electronic asset" means:
23 (A) The hardware, software, and data of a programmable
24 electronic device;
25 (B) All communications, operations, and customer data
26 networks; and
27 (C) The contents of customer data networks.
28
29 SECTION 2. Arkansas Code 5-38-203(a) and (b), concerning the offense
30 of criminal mischief in the first degree, are amended to read as follows:
31 (a) A person commits the offense of criminal mischief in the first
32 degree if he or she purposely and without legal justification destroys or
33 causes damage to any:
34 (1) Property of another; or
35 (2) Property, whether his or her own or property of another, for
36 the purpose of collecting any insurance for the property; or
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1 (3) Critical infrastructure.
2 (b) Criminal mischief in the first degree is a:
3 (1) Class A misdemeanor if the amount of actual damage is one
4 thousand dollars ($1,000) or less;
5 (2) Class D felony if the amount of actual damage is more than
6 one thousand dollars ($1,000) but five thousand dollars ($5,000) or less;
7 (3) Class C felony if the amount of actual damage is more than
8 five thousand dollars ($5,000) but less than twenty-five thousand dollars
9 ($25,000); or
10 (4) Class B felony if:
11 (A) the The amount of actual damage is twenty-five
12 thousand dollars ($25,000) or more; or
13 (B) The property is critical infrastructure.
14
15 SECTION 3. Arkansas Code 5-39-101, concerning definitions used with
16 respect to burglary, trespass, and other intrusion offenses, is amended to
17 add an additional subdivision to read as follows:
18 (10) "Critical infrastructure" means the same as defined in 5-
19 38-101.
20
21 SECTION 4. Arkansas Code 5-39-203(a) and (b), concerning the offense
22 of criminal trespass, are amended to read as follows:
23 (a) A person commits criminal trespass if he or she purposely enters
24 or remains unlawfully in or upon:
25 (1) A vehicle of another person; or
26 (2) The premises owned or leased by another person; or
27 (3) Critical infrastructure.
28 (b) Criminal trespass is a:
29 (1) Class D felony if:
30 (A) the The person has two (2) or more convictions for a
31 Class A misdemeanor violation of this section or 5-39-305; or
32 (B) The premises is critical infrastructure;
33 (2) Class A misdemeanor if:
34 (A) At the time of the criminal trespass, the person is in
35 possession of one (1) or more of the following:
36 (i) A killing device;
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1 (ii) A harvesting device;
2 (iii) A device primarily used for the location and
3 unearthing of buried or submerged artifacts; or
4 (iv) A tool designed to gain entry into a structure
5 by breaking a lock or breaking through a fence, including without limitation
6 a boltcutter;
7 (B) The person is on premises containing a commercial
8 fishing or fish breeding operation and at that time is in possession of a
9 fishing pole or net designed to capture fish; or
10 (C) The person has a prior conviction for a violation of
11 this section;
12 (3) Class B misdemeanor if:
13 (A) The vehicle or premises involved is an occupiable
14 structure; or
15 (B) The conduct involves the removal of a posted sign, a
16 fence, or a portion of a fence as defined in 2-39-102; or
17 (4) Class C misdemeanor if otherwise committed.
18
19 SECTION 5. Arkansas Code 5-39-305(a) and (b), concerning the offense
20 of criminal trespass on premises located in an unincorporated area, are
21 amended to read as follows:
22 (a)(1) A person shall not purposely enter without written permission
23 of the owner or lessee upon another person's premises located outside the
24 boundary of any city or town if those premises are either:
25 (A) Lawfully posted;
26 (B) Crop land or timber land; or
27 (C) Enclosed with a fence sufficient under 2-39-101 et
28 seq.; or
29 (D) Critical infrastructure.
30 (2) The posting of premises is not a requirement under this
31 section.
32 (b) Criminal trespass on premises located in an unincorporated area is
33 a:
34 (1) Class D felony if:
35 (A) the The person has two (2) or more convictions for a
36 Class A misdemeanor violation of this section or 5-39-203; or
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1 (B) The premises is critical infrastructure;
2 (2) Class A misdemeanor if:
3 (A) At the time of the criminal trespass on premises
4 located in an unincorporated area, the person is in possession of one (1) or
5 more of the following:
6 (i) A killing device;
7 (ii) A harvesting device;
8 (iii) A device primarily used for the location and
9 unearthing of buried or submerged artifacts; or
10 (iv) A tool designed to gain entry into a structure
11 by breaking a lock or breaking through a fence, including without limitation
12 a boltcutter;
13 (B) The person is on premises containing a commercial
14 fishing or fish breeding operation and at that time is in possession of a
15 fishing pole or net designed to capture fish; or
16 (C) The person has a prior conviction for a violation of
17 this section;
18 (3) Class B misdemeanor if:
19 (A) The premises involved is an occupiable structure; or
20 (B) The conduct involves the removal of a posted sign, a
21 fence, or a portion of a fence as defined in 2-39-102; or
22 (4) Violation with a fine not to exceed one hundred dollars
23 ($100) if otherwise committed.
24
25 /s/Gazaway
26
27
28 APPROVED: 4/14/21
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Statutes affected: Old version HB1321 Original - 1-27-2021 02:36 PM: 5-38-101, 5-38-203(a), 5-39-101, 5-39-203(a)
Old version HB1321 V2 - 2-25-2021 10:45 AM: 5-38-101, 5-38-203(a), 5-39-101, 5-39-203(a)
Old version HB1321 V3 - 3-8-2021 11:33 AM: 5-38-101, 5-38-203(a), 5-39-101, 5-39-203(a)
Old version HB1321 V4 - 3-16-2021 09:39 AM: 5-38-101, 5-38-203(a), 5-39-101, 5-39-203(a)
HB 1321: 5-38-101, 5-38-203(a), 5-39-101, 5-39-203(a)
Act 712: 5-38-101, 5-38-203(a), 5-39-101, 5-39-203(a)
Old version of HB 1321 - 03-08-21: 5-38-101, 5-38-203(a), 5-39-101, 5-39-203(a)
Old version of HB 1321 - 02-25-21: 5-38-101, 5-38-203(a), 5-39-101, 5-39-203(a)
Old version of HB 1321 - 01-27-21: 5-38-101, 5-38-203(a), 5-39-101, 5-39-203(a)