Bill Text: IA SF2235 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act relating to criminal acts committed on or against critical infrastructure and providing penalties. (Formerly SSB 3062.) Effective 7-1-18.

Spectrum: Committee Bill

Status: (Passed) 2018-04-17 - Signed by Governor. S.J. 959. [SF2235 Detail]

Download: Iowa-2017-SF2235-Introduced.html

Senate File 2235 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SSB
                                     3062)

                                      A BILL FOR

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



  1  1    Section 1.  NEW SECTION.  716.11  Critical infrastructure
  1  2 sabotage == definitions.
  1  3    Solely for purposes of this section and section 716.12,
  1  4 unless the context otherwise requires:
  1  5    1.  "Critical infrastructure" means any of the following:
  1  6    a.  Electrical critical infrastructure, including any plant,
  1  7 maintenance facility, parts warehouse, yard, substation,
  1  8 transmission or delivery line, tower or pole with transmission
  1  9 or delivery lines affixed, transformer, or any implement that
  1 10 is used to generate, store, control, monitor, transmit or
  1 11 deliver electrical service. Electrical critical infrastructure
  1 12 also includes any supervisory control and data acquisition
  1 13 system, or other electronic or computer instrument, that
  1 14 may control or monitor any component of electrical critical
  1 15 infrastructure.
  1 16    b.  Gas, oil, petroleum, refined petroleum products,
  1 17 or chemical critical infrastructure, including any gas,
  1 18 petroleum, or chemical=producing well, compressor station,
  1 19 processing plant, storage and distribution facility, storage
  1 20 tank, chemical truck or rail car, loading and unloading
  1 21 area, chemical container storage, substation, pump station,
  1 22 metering station, valve, regulator or meter, or transmission or
  1 23 distribution main, line, or pipeline, that is used to generate,
  1 24 store, control, monitor, transmit or deliver gas, chemicals,
  1 25 oil, petroleum, refined product, fertilizer, or renewable fuel.
  1 26 Gas, oil, petroleum, refined petroleum products, or chemical
  1 27 critical infrastructure also includes any physical, electronic,
  1 28 or computer implement that may control or monitor any component
  1 29 of gas, oil, petroleum, refined petroleum products, and
  1 30 chemical critical infrastructure. For the purposes of this
  1 31 paragraph, "petroleum" means as defined in section 455B.471.
  1 32    c.  Telecommunications or broadband critical infrastructure,
  1 33 including any structure, pedestal, x=box, cross=box, manhole,
  1 34 handhold, splice point, antenna, cable, server, router, modem,
  1 35 coupler, or any other property, that is used for the purpose
  2  1 of reception or transmission of telecommunications or radio or
  2  2 broadband signals.  Telecommunications or broadband critical
  2  3 infrastructure also includes any other physical, electronic, or
  2  4 computer implement that may control or monitor any component of
  2  5 telecommunications or broadband critical infrastructure.
  2  6    d.  Transportation critical infrastructure, including
  2  7 roadways, highways, bridges, tunnels, and associated
  2  8 infrastructure; airports, control towers, communication
  2  9 towers, and associated infrastructure; railroads, rail
  2 10 segments, bridges, and associated infrastructure that support
  2 11 either passenger or freight; transit systems not limited to
  2 12 bus, light rail and people=mover systems, and associated
  2 13 infrastructure; and intermodal facilities. Transportation
  2 14 critical infrastructure also includes any associated physical,
  2 15 electronic, or computer implement that may control or monitor
  2 16 any component of transportation critical infrastructure.
  2 17    e.  Wastewater critical infrastructure, including any
  2 18 lateral service line, collection line, manhole, trunk line,
  2 19 storage tank, chemical storage, methane storage, laboratory,
  2 20 pump station, or treatment plant.  Wastewater critical
  2 21 infrastructure also includes any physical, electronic, or
  2 22 computer implement that may control or monitor any component of
  2 23 wastewater critical infrastructure.
  2 24    f.  Water supply critical infrastructure, including any
  2 25 public or private water supply system and all component
  2 26 facilities thereof, body of water or aquifer used as a source
  2 27 of water supply, water supply intake facilities, water supply
  2 28 treatment facilities, treated water storage facilities, or
  2 29 water supply distribution facilities.  Water supply critical
  2 30 infrastructure also includes any raw water intakes, wells,
  2 31 pump stations, holding tanks, water towers, aquifer storage
  2 32 and recovery systems, water mains, control valves, hydrants,
  2 33 curb boxes, meter vaults, meters, distribution service lines,
  2 34 treatment, filtration, or chlorination implements, or any
  2 35 physical, electronic, or computer implement that may control or
  3  1 monitor any component of a water supply system.
  3  2    2.  "Critical infrastructure property" means property and
  3  3 public utility property, both as defined in section 716.7, that
  3  4 is considered critical infrastructure.
  3  5    3.  "Critical infrastructure sabotage" means any unauthorized
  3  6 act that is intended to cause a substantial interruption
  3  7 or impairment of service rendered to the public relating
  3  8 to critical infrastructure property. However, "critical
  3  9 infrastructure sabotage" does not include an accidental
  3 10 interruption or impairment of service rendered to the public
  3 11 caused by a person in the performance of the person's work
  3 12 duties.
  3 13    Sec. 2.  NEW SECTION.  716.12  Critical infrastructure
  3 14 sabotage == penalties.
  3 15    A person committing critical infrastructure sabotage commits
  3 16 a class "B" felony, and in addition to the provisions of
  3 17 section 902.9, subsection 1, paragraph "b", shall be punished by
  3 18 a fine of not less than eighty=five thousand dollars nor more
  3 19 than one hundred thousand dollars.
  3 20                           EXPLANATION
  3 21 The inclusion of this explanation does not constitute agreement with
  3 22 the explanation's substance by the members of the general assembly.
  3 23    This bill creates the crime of critical infrastructure
  3 24 sabotage.
  3 25    The bill defines critical infrastructure property as
  3 26 property and public utility property, both as defined in Code
  3 27 section 716.7, that is considered critical infrastructure.  The
  3 28 bill defines critical infrastructure to include electrical
  3 29 critical infrastructure, gas, oil, petroleum, refined
  3 30 petroleum products, or chemical critical infrastructure,
  3 31 telecommunications or broadband critical infrastructure,
  3 32 transportation critical infrastructure, wastewater critical
  3 33 infrastructure, and water supply critical infrastructure. The
  3 34 bill additionally defines critical infrastructure sabotage
  3 35 to mean any unauthorized act that is intended to cause a
  4  1 substantial interruption or impairment of service rendered to
  4  2 the public relating to critical infrastructure property. The
  4  3 bill provides that critical infrastructure sabotage does not
  4  4 include any accidental interruption or impairment of service
  4  5 rendered in the performance of the person's work duties. The
  4  6 bill provides that a person who commits critical infrastructure
  4  7 sabotage commits a class "B" felony, punishable by confinement
  4  8 for no more than 25 years.  The bill also subjects a person who
  4  9 commits critical infrastructure sabotage to a fine of not less
  4 10 than $85,000 nor more than $100,000.
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