ILLINOIS - Oil & Gas "Critical Infrastructure" Anti-Protest Bills

  • Posted on: 18 February 2019
  • By: Connor Gibson

Updated March 25, 2019. 

See Full Report: State Bills to Criminalize Peaceful Protest of Oil & Gas "Critical Infrastructure"

2019 IL HB 1633

  • Introduced on Jan. 31, 2019
  • An amendment was referred to the Judiciary committee on Mar 19, 2019

ICNL analysis:

Would heighten the penalties for protests near oil and gas pipelines and other infrastructure that involve trespassing onto infrastructure property. Under the bill, knowingly trespassing to a critical infrastructure facility is a Class 4 felony, punishable by $1,000 and 3 years in prison. Aggravated criminal trespass to a critical infrastructure facility--defined as trespass with intent to vandalize, deface, or tamper with the facility--is a Class 3 felony punishable by $10,000 and 10 years in prison. The bill would also create a broadly-defined new offense, “criminal damage to a critical infrastructure facility,” which includes knowingly vandalizing, defacing, or tampering with critical infrastructure and does not require actual damage. The offense is a Class 1 felony, punishable by $100,000 and 15 years in prison. An individual convicted of any of the offenses is also civilly liable for money damages, court costs, and attorney’s fees to the owner of the property, for any damage sustained. An organization found to have conspired with an individual to commit any of the offenses is liable for a fine of at least ten times the minimum fine authorized for the individual. The bill newly defines “critical infrastructure facility” under Illinois law to include a range of oil, gas, electric, water, telecommunications, and railroad facilities that are fenced off or clearly posted. 

ALEC legislators:

1 of 17 co-sponsors are confirmed IL ALEC affiliates: Rep. Joe Sosnowski.

CSG legislators:

4 of 17 co-sponsors are known CSG affiliates:

  • Rep. Marcus Evans (D-33) was a member of the 2017-2018 CSG Midwest Criminal Justice and Public Safety committee, and attended a 2014 CSG policy academy
  • Rep. Kelly Burke (D-36) is a member of CSG's Great Lakes Leadership Committee as of 2019, in addition to the years 2017, 2016, and 2014. Burke was a member of the CSG Midwest BIILD steering committee for 2015-2017 and remains a member for 2017-2019 . Burke participated in the BIILD program in 2013.
  • Rep. Frances Ann Hurley (D-35) participated in the CSG BIILD program in 2016.
  • Rep. André Thapedi (D-32) was on the CSG Midwest Executive Council in 2018.

Oil & Gas Lobbying:

Energy Transfer Partners, Enbridge, and TransCanada were among the businesses advocating for HB 1633 in preparation for a IL House Judiciary hearing scheduled for February 26, 2019, according to witness slips filed with the Illinois legislature. (The hearing did not end out happening on Feb. 26.)

2019 IL SB 1304

  • Concurrent with HB 1633, see details above
  • Introduced Feb. 7, 2019
  • Assigned to Senate Criminal Law Committee's subcommittee on CLEAR compliance on Feb. 20, 2019

ALEC legislators:

The only sponsor is not confirmed IL ALEC affiliate.

CSG legislators:

The only sponsor appears to be an affiliate of the CSG:

  • Sen. Michael E. Hastings (D-19) was the sponsor of an anti-Cyber Bullying bill that became a model policy adopted by CSG's Shared State Legislation committee in 2016. Hastings wrote an article about his legislation in the CSG Midwest newsletter in April, 2014.