HB2362 Summary

• Adds new offense of intentionally damaging, destroying, or tampering with equipment in a critical infrastructure facility without authorization, with penalties of Class 4 felony ($0-$500 damage), Class 3 felony ($500-$10,000 damage), or Class 2 felony (exceeding $10,000 damage).

• Defines "critical infrastructure facility" to include petroleum refineries, electrical power generating facilities, water treatment plants, natural gas stations, telecommunications infrastructure, ports, railroads, chemical manufacturing facilities, dams, and other industrial operations that are fully enclosed by fencing or physical barriers.

• Renames the offense of "criminal trespass to a nuclear facility" to "criminal trespass to a critical infrastructure facility" and requires the person to have intent to damage, destroy, or tamper with equipment, with a Class 4 felony penalty carrying a minimum $1,000 fine.

• Establishes that persons convicted can be held liable in civil actions for money damages, court costs, and reasonable attorney's fees to facility owners, with an affirmative defense if the property owner consented to the damage.

• Exempts from criminal trespass liability those engaged in lawful labor organizing, picketing from bona fide labor disputes, monitoring compliance with safety laws, and protected free speech or assembly activities.