SB3086 Summary

• Adds new offense of intentionally damaging, destroying, or tampering with equipment at critical infrastructure facilities without authorization, with penalties of Class 4 felony ($500 or less damage), Class 3 felony ($500-$10,000 damage), or Class 2 felony (over $10,000 damage).

• Defines "critical infrastructure facility" to include petroleum refineries, electrical power generation and distribution, water treatment, natural gas facilities, telecommunications infrastructure, transportation facilities, manufacturing plants, nuclear facilities, dams, and mining operations that are enclosed by fences or physical barriers.

• Expands criminal trespass statute from nuclear facilities to all critical infrastructure facilities, requiring intent to damage, destroy, or tamper with equipment, and establishes Class 4 felony with minimum $1,000 fine.

• Allows property owners to pursue civil actions for money damages, court costs, and reasonable attorney's fees against violators of both the criminal damage and trespass provisions.

• Provides affirmative defense that property owner consented to damage, and excludes lawful labor activities, safety monitoring, and protected speech or assembly from the criminal trespass statute.