A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 10 TO CHAPTER 11, TITLE 16, SO AS TO PROVIDE DEFINITIONS, TO PROHIBIT PERSONS FROM ENTERING CRITICAL INFRASTRUCTURE FACILITIES WITHOUT AUTHORIZATION, AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND BY ADDING SECTION 16-11-745 SO AS TO PROHIBIT PERSONS FROM THREATENING INDIVIDUALS WITH THE INTENT TO OBSTRUCT THE OPERATION OF AN ELECTRIC UTILITY SYSTEM.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Chapter 11, Title 16 of the S.C. Code is amended by adding:

 

Article 10

 

Critical Infrastructure Protection

 

    Section 16-11-1010.  As used in this article:

    (1) "Critical infrastructure" means a system or asset, whether physical or virtual, so vital to the United States that the incapacity or destruction of the system or asset would have a debilitating impact on security, national economic security, national public health, or national public safety.

    (2) "Critical infrastructure facility" means a facility that contains critical infrastructure. This includes, but is not limited to:

       (a) a chemical, polymer, or rubber manufacturing facility;

       (b) any plant, facility, assets, or equipment utilized for the generation, transmission, distribution, or storage of electricity;

       (c) any plant, facility, assets, or equipment utilized for natural gas terminals, compressor, treatment, distribution, or storage;

       (d) any plant, facility, assets, or equipment utilized for fuel or oil storage, distribution, or refinery;

       (e) a mining operation or infrastructure;

       (f) a transportation facility such as a port, airport, railroad operating facility, or trucking terminal;

       (g) a wireline or wireless communications infrastructure;

       (h) a steelmaking facility that uses an electric arc furnace;

       (i) a dam that is regulated by state or federal government.

           (3) "Critical infrastructure property" means any real or personal property necessary to the operation of a critical infrastructure facility. This includes, but is not limited to, any equipment, commodity, hardware, software, or other digital or electronic property.

    (4) "Fraudulent document for identification purposes" means a document that is presented as being a bona fide document that provides personal identification information but which, in fact, is false, forged, altered, or counterfeit.

    (5) "Person" means an individual, trust, estate, corporation, partnership, limited partnership, limited liability partnership, limited liability company, or unincorporated nonprofit association having a separate legal existence under state law.

    (6) "Unmanned aircraft system" means a powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, may fly autonomously through an onboard computer or be piloted remotely, and may be expendable or recoverable. "Unmanned aircraft system" does not include a satellite orbiting the Earth or a spacecraft beyond Earth's atmosphere and may not be construed to implicate the provider of a telecommunications link between an owner or operator of an unmanned aircraft system and the unmanned aircraft system.

 

    Section 16-11-1020.  (A) It is unlawful for a person to enter a critical infrastructure facility without authorization if the person:

       (1) intentionally enters without authority into any structure or onto any premises belonging to another that constitutes in whole or in part a critical infrastructure facility that is completely enclosed by any type of physical barrier or is clearly marked with a sign or signs that are posted in a conspicuous manner and indicate that unauthorized entry is forbidden;

       (2) uses or attempts to use a fraudulent document for identification for the purpose of entering a critical infrastructure facility;

       (3) remains on the premises of a critical infrastructure facility after having been forbidden to do so, either orally or in writing, by any owner, lessee, or custodian of the property or by any other authorized person; or

       (4) intentionally enters a restricted area of a critical infrastructure facility which is marked as a restricted or limited access area that is completely enclosed by any type of physical barrier when the person is not authorized to enter the restricted or limited access area.

    (B) A person who violates the provisions of subsection (A) is guilty of a Class D felony, and, upon conviction, must be imprisoned for not more than fifteen years.

 

    Section 16-11-1030.  (A) If, during the commission of the crime of unauthorized entry of a critical infrastructure facility, the person injures, removes, destroys, or breaks critical infrastructure property, or otherwise interrupts or interferes with the operations of a critical infrastructure asset, the person is guilty of a Class B felony, and, upon conviction, must be imprisoned for not more than twenty-five years.

    (B) If, during the commission of the crime of unauthorized entry of a critical infrastructure facility, the person attempts to injure, remove, destroy, or break critical infrastructure property, or otherwise attempts to interrupt or interfere with the operations of a critical infrastructure asset, the person is guilty of a Class B felony, and, upon conviction, must be imprisoned for not more than twenty-five years.

 

    Section 16-11-1040.  A person who violates the provisions of Section 16-11-1020 while possessing or operating an unmanned aircraft system with an attached weapon, firearm, explosive, destructive device, or ammunition is guilty of a Class C felony, and, upon conviction, must be imprisoned for not more than twenty years.

 

    Section 16-11-1050.  (A) Nothing in this article shall be construed to prevent lawful assembly and peaceful and orderly petition for the redress of grievances including, but not limited to, any labor dispute between any employer and its employee.

    (B) Nothing in this article shall be construed to prohibit the State, a county, or a municipality from taking any lawful action on their respective rights-of-way.

 

    Section 16-11-1060.  The penalties provided in this article are supplemental to any other penalties provided by law.

 

SECTION 2.  Article 7, Chapter 11, Title 16 of the S.C. Code is amended by adding:

 

    Section 16-11-745. It is unlawful for a person to threaten an individual with a deadly weapon or dangerous instrument with the intent to obstruct the operation of an electric utility system, as defined in Section 16-11-740(A), provided that the individual is working under the procedures and within the scope of his or her duties as an employee of the electric utility system and has properly identified himself or herself when asked by stating his or her name, employer, and purpose of work.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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