HF 2394 (LSB 5229HV (2) 87)

HOUSE FILE 2394

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HSB 603)

(COMPANION TO SF 2235 BY COMMITTEE ON JUDICIARY)

A BILL FOR

An Act relating to criminal acts committed on or against critical infrastructure property and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  716.11  Critical infrastructure sabotage —— definitions.
   Solely for purposes of this section and section 716.12, unless the context otherwise requires:

   1.  “Critical infrastructure” means any of the following:
   a.  Electrical critical infrastructure, including any plant, maintenance facility, parts warehouse, yard, substation, transmission or delivery line, tower or pole with transmission or delivery lines affixed, transformer, or any implement that is used to generate, store, control, monitor, transmit or deliver electrical service. Electrical critical infrastructure also includes any supervisory control and data acquisition system, or other electronic or computer instrument, that may control or monitor any component of electrical critical infrastructure.
   b.  Gas, oil, petroleum, refined petroleum products, or chemical critical infrastructure, including any gas, petroleum, or chemical-producing well, compressor station, processing plant, storage and distribution facility, storage tank, chemical truck or rail car, loading and unloading area, chemical container storage, substation, pump station, metering station, valve, regulator or meter, or transmission or distribution main, line, or pipeline, that is used to generate, store, control, monitor, transmit or deliver gas, chemicals, oil, petroleum, refined product, fertilizer, or renewable fuel. Gas, oil, petroleum, refined petroleum products, or chemical critical infrastructure also includes any physical, electronic, or computer implement that may control or monitor any component of gas, oil, petroleum, refined petroleum products, and chemical critical infrastructure. For the purposes of this paragraph, “petroleum” means as defined in section 455B.471.
   c.  Telecommunications or broadband critical infrastructure, including any structure, pedestal, x-box, cross-box, manhole, handhold, splice point, antenna, cable, server, router, modem, coupler, or any other property, that is used for the purpose of reception or transmission of telecommunications or radio or broadband signals. Telecommunications or broadband critical infrastructure also includes any other physical, electronic, or computer implement that may control or monitor any component of telecommunications or broadband critical infrastructure.
   d.  Transportation critical infrastructure, including roadways, highways, bridges, tunnels, and associated infrastructure; airports, control towers, communication towers, and associated infrastructure; railroads, rail segments, bridges, and associated infrastructure that support either passenger or freight; transit systems not limited to bus, light rail and people-mover systems, and associated infrastructure; and intermodal facilities. Transportation critical infrastructure also includes any associated physical, electronic, or computer implement that may control or monitor any component of transportation critical infrastructure.
   e.  Wastewater critical infrastructure, including any lateral service line, collection line, manhole, trunk line, storage tank, chemical storage, methane storage, laboratory, pump station, or treatment plant. Wastewater critical infrastructure also includes any physical, electronic, or computer implement that may control or monitor any component of wastewater critical infrastructure.
   f.  Water supply critical infrastructure, including any public or private water supply system and all component facilities thereof, body of water or aquifer used as a source of water supply, water supply intake facilities, water supply treatment facilities, treated water storage facilities, or water supply distribution facilities. Water supply critical infrastructure also includes any raw water intakes, wells, pump stations, holding tanks, water towers, aquifer storage and recovery systems, water mains, control valves, hydrants, curb boxes, meter vaults, meters, distribution service lines, treatment, filtration, or chlorination implements, or any physical, electronic, or computer implement that may control or monitor any component of a water supply system.
   2.  “Critical infrastructure property” means property and public utility property, both as defined in section 716.7, that is considered critical infrastructure.
   3.  “Critical infrastructure sabotage” means any unauthorized act that is intended to cause a substantial interruption or impairment of service rendered to the public relating to critical infrastructure property. However, “critical infrastructure sabotage” does not include an accidental interruption or impairment of service rendered to the public caused by a person in the performance of the person’s work duties. 
    Sec. 2.  NEW SECTION.  716.12  Critical infrastructure sabotage —— penalties.
   A person committing critical infrastructure sabotage commits a class “B” felony, and in addition to the provisions of section 902.9, subsection 1, paragraph “b”, shall be punished by a fine of not less than eighty-five thousand dollars nor more than one hundred thousand dollars.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill creates the crime of critical infrastructure sabotage.
   The bill defines critical infrastructure property as property and public utility property, both as defined in Code section 716.7, that is considered critical infrastructure. The bill defines critical infrastructure to include electrical critical infrastructure, gas, oil, petroleum, refined petroleum products, or chemical critical infrastructure, telecommunications or broadband critical infrastructure, transportation critical infrastructure, wastewater critical infrastructure, and water supply critical infrastructure. The bill additionally defines critical infrastructure sabotage to mean any unauthorized act that is intended to cause a substantial interruption or impairment of service rendered to the public relating to critical infrastructure property. The bill provides that critical infrastructure sabotage does not include any accidental interruption or impairment of service rendered in the performance of the person’s work duties. The bill provides that a person who commits critical infrastructure sabotage commits a class “B” felony, punishable by confinement for no more than 25 years. The bill also subjects a person who commits critical infrastructure sabotage to a fine of not less than $85,000 nor more than $100,000.