Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 370 Fourth Substitute (2023GS)

Sponsor

Rep. Albrecht, C.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• removes interruption or impairment of certain critical infrastructure from the crime of criminal mischief;
• makes it a criminal offense to destroy, damage, or tamper with a critical infrastructure facility;
• makes it a criminal offense to impersonate a critical infrastructure facility officer or employee; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

UTILITY INFRASTRUCTURE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carl R. Albrecht
Senate Sponsor: 
David P. Hinkins
LONG TITLE
General Description:
This bill addresses the destruction of or tampering with a critical infrastructure facility.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ removes interruption or impairment of certain critical infrastructure from the crime
of criminal mischief;
▸ makes it a criminal offense to destroy, damage, or tamper with a critical
infrastructure facility;
▸ makes it a criminal offense to impersonate a critical infrastructure facility officer or
employee; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
73-2-27
, as last amended by Laws of Utah 2015, Chapters 245, 249
76-6-106
, as last amended by Laws of Utah 2012, Chapter 135
76-10-204
, as last amended by Laws of Utah 2002, Chapter 166
ENACTS:
76-6-106.3
, Utah Code Annotated 1953
76-8-515
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
73-2-27
 is amended to read:
73-2-27.
Criminal penalties.
(1) This section applies to offenses committed under:
(a) Section 
73-1-14
;
(b) Section 
73-1-15
;
(c) Section 
73-2-20
;
(d) Section 
73-3-3
;
(e) Section 
73-3-26
;
(f) Section 
73-3-29
;
(g) Section 
73-5-9
;
(h) Section 
76-10-201
;
(i) Section 
76-10-202
; and
(j) Section 
76-10-203
.
(2) Under circumstances not amounting to an offense with a greater penalty under
Subsection 
76-6-106
(2)(b)(ii) [
or
]
,
 Section 
76-6-106.3
, or Section
76-6-404
, violation of a
provision listed in Subsection (1) is punishable:
(a) as a felony of the third degree if:
(i) the value of the water diverted or property damaged or taken is $2,500 or greater;
and
(ii) the person violating the provision has previously been convicted of violating the
same provision;
(b) as a class A misdemeanor if:
(i) the value of the water diverted or property damaged or taken is $2,500 or greater; or
(ii) the person violating the provision has previously been convicted of violating the
same provision; or
(c) as a class B misdemeanor if Subsection (2)(a) or (b) does not apply.
Section 2. Section 
76-6-106
 is amended to read:
76-6-106.
Criminal mischief.
(1) 
(a)
 As used in this section, "critical infrastructure" includes:
[
(a) information and communication systems;
]
[
(b)
] 
(i)
 financial and banking systems;
[
(c)
] 
(ii)
 any railroads, airlines, airports, airways, highways, bridges, waterways, fixed
guideways, or other transportation systems intended for the transportation of persons or
property;
[
(d) any public utility service, including the power, energy, and water supply systems;
]
[
(e) sewage and water treatment systems;
]
[
(f)
] 
(iii)
 health care facilities as listed in Section 
26-21-2
, and emergency fire, medical,
and law enforcement response systems;
[
(g)
] 
(iv)
 public health facilities and systems;
[
(h)
] 
(v)
 food distribution systems; and
[
(i)
] 
(vi)
 other government operations and services.
(b) Terms defined in Sections 
76-1-101.5
 and 
76-6-101
 apply to this section.
(2) A person commits criminal mischief if the person:
(a) under circumstances not amounting to arson, damages or destroys property with the
intention of defrauding an insurer;
(b) intentionally and unlawfully tampers with the property of another and as a result:
(i) recklessly endangers:
(A) human life; or
(B) human health or safety; or
(ii) recklessly causes or threatens a substantial interruption or impairment of any
critical infrastructure;
(c) intentionally damages, defaces, or destroys the property of another; or
(d) recklessly or willfully shoots or propels a missile or other object at or against a
motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving
or standing.
(3) (a) (i) A violation of Subsection (2)(a) is a third degree felony.
(ii) A violation of Subsection (2)(b)(i)(A) is a class A misdemeanor.
(iii) A violation of Subsection (2)(b)(i)(B) is a class B misdemeanor.
(iv) A violation of Subsection (2)(b)(ii) is a second degree felony.
(b) Any other violation of this section is a:
(i) second degree felony if the actor's conduct causes or is intended to cause pecuniary
loss equal to or in excess of $5,000 in value;
(ii) third degree felony if the actor's conduct causes or is intended to cause pecuniary
loss equal to or in excess of $1,500 but is less than $5,000 in value;
(iii) class A misdemeanor if the actor's conduct causes or is intended to cause
pecuniary loss equal to or in excess of $500 but is less than $1,500 in value; and
(iv) class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary
loss less than $500 in value.
(4) In determining the value of damages under this section, or for computer crimes
under Section 
76-6-703
, the value of any item, computer, computer network, computer
property, computer services, software, or data includes the measurable value of the loss of use
of the items and the measurable cost to replace or restore the items.
(5) In addition to any other penalty authorized by law, a court shall order any person
convicted of any violation of this section to reimburse any federal, state, or local unit of
government, or any private business, organization, individual, or entity for all expenses
incurred in responding to a violation of Subsection (2)(b)(ii), unless the court states on the
record the reasons why the reimbursement would be inappropriate.
Section 3. Section 
76-6-106.3
 is enacted to read:
 76-6-106.3.
Destruction or tampering with a critical infrastructure facility --
Penalty.
(1) (a) As used in this section:
(i) "Critical infrastructure facility" means:
(A) a petroleum or alumina refinery;
(B) critical electric infrastructure, as defined in 18 C.F.R. Sec. 388.113, including an
electrical power generating facility, substation, switching station, electrical control center, or
electric power lines and associated equipment infrastructure;
(C) a chemical, polymer, or rubber manufacturing facility;
(D) a water facility as defined in Section 
73-1-14
, water intake structure, water storage
facility, water treatment facility, wastewater treatment plant, wastewater pumping facility, or
pump station;
(E) a natural gas compressor station;
(F) a liquid natural gas terminal or storage facility;
(G) a telecommunications switching, routing, or regeneration office or facility;
(H) wireless telecommunications infrastructure, including cell towers;
(I) telecommunications equipment, facilities, or infrastructure used for the transmission
or distribution of a communications service;
(J) a port, railroad switching yard, railroad tracks, trucking terminal, or other freight
transportation facility;
(K) a gas processing plant, including a plant used in the processing, treatment, or
fractionation of natural gas or natural gas liquids;
(L) a transmission facility used by a federally licensed radio or television station;
(M) a steelmaking facility that uses an electric arc furnace to make steel;
(N) a facility identified and regulated by the Chemical Facility Anti-Terrorism
Standards program under 6 U.S.C. Sec. 622;
(O) a natural gas distribution utility facility, including natural gas distribution and
transmission mains and services, pipeline interconnections, a city gate or town border station,
metering station, meters, aboveground piping and facilities, a regulator station, and a natural
gas storage facility;
(P) a crude oil or refined products production, storage, and distribution facility,
including a wellhead and associated production and collection infrastructure, valve sites,
pipeline interconnection, pump station, metering station, below or aboveground pipeline or
piping, and truck loading or offloading facility;
(Q) a grain mill or processing facility;
(R) a generation, transmission, or distribution system of broadband Internet access; or
(S) an aboveground portion of an oil, gas, hazardous liquid or chemical production
facility including the wellhead and associated production and collection infrastructure,
pipeline, tank, railroad facility, or other storage facility that is enclosed by a physical barrier or
is marked with signs prohibiting trespassing if the enclosures or signs are designed to exclude
intruders.
(ii) "Critical infrastructure facility" includes a facility described in Subsection (1)(a)(i)
that is:
(A) under construction; or
(B) operational.
(b) Terms defined in Section 
76-1-101.5
 apply to this section.
(2) An actor is guilty of destruction or tampering with a critical infrastructure facility if
the actor, by physical, cyber, or other means, causes widespread injury or damage to persons or
property by:
(a) destroying or substantially damaging:
(i) a critical infrastructure facility; or
(ii) a critical infrastructure facility's equipment; or
(b) substantially tampering with, inhibiting, or impeding the operation of a critical
infrastructure facility.
(3) (a) A violation of Subsection (2) is a first degree felony if done intentionally or
knowingly.
(b) A violation of Subsection (2) is a second degree felony if done recklessly.
Section 4. Section 
76-8-515
 is enacted to read:
 76-8-515.
Impersonation of a utility officer or employee.
(1) (a) As used in this section:
(i) "Critical infrastructure facility" means the same as that term is defined in Section
76-6-106.3
.
(ii) "Sabotage" means the same as that term is defined in Section 
76-8-901
.
(iii) "Terrorism" means the same as that term is defined in Section 
53-2a-102
.
(iv) "Utility" means a private or governmental entity operating a critical infrastructure
facility.
(b) Terms defined in Section 
76-1-101.5
 apply to this section.
(2) An actor commits impersonation of a utility officer or employee if the actor,
without authority from a utility:
(a) intends to lead an individual to believe that the actor is acting on behalf of the
utility in an official capacity; and
(b) attempts to act on behalf of the utility.
(3) (a) A violation of Subsection (2) is a class A misdemeanor.
(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree
felony if the actor, while taking the action described in Subsection (2), intends to commit an act
of terrorism or sabotage.
Section 5. Section 
76-10-204
 is amended to read:
76-10-204.
Damaging bridge, dam, canal, or other water-related structure.
(1) A person is guilty of a third degree felony who intentionally, knowingly, or
recklessly commits an offense under Subsection (2) that does not amount to a violation of
Subsection 
76-6-106
(2)(b)(ii) 
or Section 
76-6-106.3
.
(2) Offenses referred to in Subsection (1) are when a person:
(a) cuts, breaks, damages, or destroys any bridge, dam, canal, flume, aqueduct, levee,
embankment, reservoir, or other structure erected to create hydraulic power, to drain or reclaim
any swamp and overflowed or marsh land, to conduct water for mining, manufacturing,
reclamation, or agricultural purposes, or for the supply of the inhabitants of any city or town;
(b) makes or causes to be made any aperture in any dam, canal, flume, aqueduct,
reservoir, embankment, levee, or structure with intent to injure or destroy it; or
(c) draws up, cuts, or injures any piles fixed in the ground and used for securing any
lake or river bank or walls or any dock, quay, jetty, or lock.