Senate Bill Creates Higher Penalties For Trespass Involving Pipelines, Critical Infrastructure; Companion To Bill Making Protesters Responsible For Response Costs

On October 7, Sen. Mike Regan (R-Cumberland) introduced Senate Bill 887 establishing penalties for a new category of trespass violation for “critical infrastructure” that automatically makes trespass a felony punishable by up to 1 year in jail and a fine of not less than $5,000 for a first offense.  (sponsor summary)

Specifically, the bill says an individual commits an offense if they do the following (it’s listed first)--  “Enters or attempts to enter property containing a critical infrastructure facility, knowing that the person is not licensed or does not have the permission of the owner or lawful occupant of the property to do so.”  There are no other qualifiers like causing any damage.

Similar legislation-- Senate Bill 652 (Regan)-- was passed by the Senate last session and considered by the House, but not given final action.

Republicans in the Senate generally supported the bill, although Senators Greenleaf (R-Montgomery), Killion (R-Delaware), McGarrigle (R-Delaware), McIlhinney (R-Bucks), Mensch (R-Montgomery) and Rafferty (R-Montgomery) all voted against.  Only Senators Killion and Mensch remain in the Senate this year.

Democratic members of the Senate generally voted against the bill, expressing concerns that it would limit the First Amendment rights of people to express their opinions about a facility. In other cases, the bill language was noted as overly broad to the point of being unworkable, like in the case of “trespassing” on electric power line or railroad track rights-of-way.

Senate Bill 887 was referred to the Senate Judiciary Committee.

A companion bill-- Senate Bill 323 (Martin-R-Lancaster)-- which would make protestors responsible for the public costs of responding to the demonstrations and trespass was also reintroduced (sponsor summary)

Sen. Martin introduced similar legislation-- Senate Bill 754-- in 2017 after the Dakota Access Pipeline protests, but the bill did not see any Senate action.  Click Here for more.

The bill was referred to the Senate State Government Committee.

(Photos: Senators Regan, Martin)

Related Article:

Senate Passes Bill Making It A Felony To Simply Trespass On Pipeline, Or On Other Critical Infrastructure Property [2018]

[Posted: October 8, 2019] www.PaEnvironmentDigest.com