Updated October 6, 2023
See Full Report: State Bills to Criminalize Peaceful Protest of Oil & Gas “Critical Infrastructure”
2023 SB 1312 / HB 2362
- HB 2362 filed on February 14, 2023
- SB 1312 filed on February 6, 2023
Would heighten the penalties for protests near oil and gas pipelines and other infrastructure that involve trespassing onto infrastructure property. Under the bill, knowingly entering or remaining on a “critical infrastructure facility” is a Class 4 felony, punishable by 1-3 years in prison and $25,000. Aggravated criminal trespass to a critical infrastructure facility–defined as trespass with “intent to damage, destroy, or tamper with equipment” in the facility–is a Class 3 felony punishable by 5-10 years and $25,000. The bill newly defines “critical infrastructure facility” under Illinois law to include gas and oil pipelines, including those under construction, and a range of pipeline-related facilities, as well as electric, water, telecommunications, and railroad facilities that are fenced off or posted. Nearly identical text was introduced as SB 3814 in the 2022 legislative session.
ALEC Legislators:
It is unclear if SB 1312 sponsor Sue Rezin (R-38) is a member of ALEC, but Rezin has celebrated Illinois bills that became ALEC model legislation and has promoted ALEC’s research.
Industry Lobbying:
HB 2362 proponents include:
- Chemicals Industry Council of Illinois (2023 members include Enbridge, ExxonMobil, Koch Industries, Marathon Petroleum, and Shell)
- Illinois Association of Chiefs of Police
- Illinois Association of Aggregate Producers
- Illinois Sheriffs’ Association
2022 SB 3814
- Died in committee
- Introduced on January 21, 2022
Would heighten the penalties for protests near oil and gas pipelines and other infrastructure that involve trespassing onto infrastructure property. Under the bill, knowingly entering or remaining on a “critical infrastructure facility” is a Class 4 felony, punishable by 1-3 years in prison and $25,000. Aggravated criminal trespass to a critical infrastructure facility–defined as trespass with “intent to damage, destroy, or tamper with equipment” in the facility–is a Class 3 felony punishable by 5-10 years and $25,000. The bill newly defines “critical infrastructure facility” under Illinois law to include gas and oil pipelines, including those under construction, and a range of pipeline-related facilities, as well as electric, water, telecommunications, and railroad facilities that are fenced off or posted. (See full text of bill here)
ALEC Legislators:
It is unclear if sponsor Sue Rezin (R-38) is a member of ALEC, but Rezin has celebrated Illinois bills that became ALEC model legislation and has promoted ALEC’s research.
2021 HB 1759
- Died in committee
- Filed on February 11, 2021
Bill summary from IL legislature:
Amends the Criminal Code of 2012. Provides that a person also commits criminal damage to property when he or she intentionally damages, destroys, or tampers with equipment in a critical infrastructure facility without authorization from the critical infrastructure facility. Provides that a violation is: (1) a Class 4 felony when the damage to property does not exceed $500; (2) a Class 3 felony when the damage to property exceeds $500 but does not exceed $10,000; and (3) a Class 2 felony when the damage to property exceeds $10,000. Provides that a person may be liable in any civil action for money damages to the owner of the critical infrastructure facility for any damage resulting from a violation. Provides that it is an affirmative defense to a violation that the owner of the property or land damaged consented to the damage. Provides that a person may also be liable to the owner for court costs and reasonable attorney’s fees resulting from a violation. Changes the name of the offense of criminal trespass to a nuclear facility to criminal trespass to a critical infrastructure facility. Includes as an element of the offense that the person must have the intent to damage, destroy, or tamper with equipment of the facility. Provides that a person may also be liable in a civil action for money damages to the owner of the critical infrastructure facility for any damage to personal or real property of the facility resulting from the trespass. Provides that a person may also be liable to the owner for court costs and reasonable attorney’s fees. Defines “critical infrastructure facility” and “with the intent to damage, destroy, or tamper with equipment of the facility”.
2020 IL SB 3484
- Introduced, read, and referred to Senate Assignments committee on February 14, 2020
Bill summary from IL legislature:
Amends the Criminal Code of 2012. Provides that a person also commits criminal damage to property when he or she intentionally damages, destroys, or tampers with equipment in a critical infrastructure facility without authorization from the critical infrastructure facility. Provides that a violation is: (1) a Class 4 felony when the damage to property does not exceed $500; (2) a Class 3 felony when the damage to property exceeds $500 but does not exceed $10,000; and (3) a Class 2 felony when the damage to property exceeds $10,000. Provides that a person may be liable in any civil action for money damages to the owner of the critical infrastructure facility for any damage resulting from a violation. Provides that it is an affirmative defense to a violation that the owner of the property or land damaged consented to the damage. Provides that a person may also be liable to the owner for court costs and reasonable attorney’s fees resulting from a violation. Changes the name of the offense of criminal trespass to a nuclear facility to criminal trespass to a critical infrastructure facility. Includes as an element of the offense that the person must have the intent to damage, destroy, or tamper with equipment of the facility. Provides that a person may also be liable in a civil action for money damages to the owner of the critical infrastructure facility for any damage to personal or real property of the facility resulting from the trespass. Provides that a person may also be liable to the owner for court costs and reasonable attorney’s fees. Defines “critical infrastructure facility” and “with the intent to damage, destroy, or tamper with equipment of the facility”.
2019 IL HB 1633
- Tabled in Senate on May 29, 2019. Bill could be taken back off the “table” in 2020 legislative session.
- Passed in House on April 11, 2019
- Introduced on Jan. 31, 2019
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:
At least 1 of 36 co-sponsors are confirmed IL ALEC affiliates: Rep. Joe Sosnowski.
ALEC staff claimed involvement in HB 1633 in two internal newsletters obtained by Documented. An email sent to ALEC members in February, 2019, from ALEC’s Energy task force director Grant Kidwell, names HB 1633:
Another email, sent by ALEC CEO Lisa Nelson in March, 2019, also refers to ALEC’s involvement in Illinois anti-protest legislation:
CSG legislators:
At least 4 of 36 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.
Industry Lobbying:
According to witness slips filed with the Illinois legislature, businesses advocating for HB 1633 include:
Oil, gas & Petrochemicals:
- American Petroleum Institute (API) and the Illinois Petroleum Council
API represents most of the major U.S. oil industry, including:
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- BP
- Chevron
- ConocoPhillips
- Devon Energy
- Dow Chemical
- Enbridge
- ExxonMobil
- Marathon Petroleum
- Magellan Midstream
- Phillips66
- Shell
- TransCanada (aka TC Energy)
- Williams Companies
- note: neither Koch Industries nor its subsidiaries are listed as members of the API
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- Enbridge
- Energy Transfer
- TransCanada (TC Energy, and TransCanada USA Pipelines, LLC)
Electric Utilities:
- See Chemical Industry Council of Illinois members, below
Coal & Mining:
- Illinois Coal Association
Other Industry:
- Chemical Industry Council of Illinois (CICI)
CICI represents:
- Ameren
- BP Energy
- Citgo
- Dow Chemical
- DuPont
- Enbridge
- Exelon
- ExxonMobil Chemical Co
- Flint Hills Resources (Koch Industries)
- Huntsman
- Kinder Morgan Liquid Terminals
- Marathon Petroleum
- NRG
- Occidental Chemical Corp
- Olin Corp
CICI is the state affiliate of the American Chemistry Council (ACC), which represents BP Lubricants, ExxonMobil Chemical Co, Chevron-Phillips Chemical Co, and Shell Chemical Co, among other companies.
- Illinois Chamber of Commerce
- Members and event sponsors include:
- Ameren
- American Electric Power
- BP
- Citgo
- Enbridge – CEO Al Monaco was a keynote speaker at an IL Chamber’s 2017 Annual Luncheon.
- Marathon Petroleum
- Illinois Manufacturing Association
- Koch Industries subsidiary Molex participated in an IMA event in 2016.
2019 IL SB 1304
- This bill was concurrent with HB 1633, which passed in the Illinois House, but not the Senate. 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 a 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.
Media Reports & References
Rebecca Stoner, Why are Unions Joining Conservative Groups to Protect Pipelines?, Pacific Standard, May 31, 2019
J.C. Kibbey, Big Oil Bill Pushes Extreme Criminal Penalties in Illinois, Natural Resources Defense Council (NRDC), May 21, 2019
Maggie Ellinger-Locke, ALEC Wants to Make Protest Illegal in Illinois, TruthOut / Greenpeace USA, May 10, 2019
Nicholas Kusnetz, More States Crack Down on Pipeline Protesters, Including Supporters Who Aren’t Even on the Scene, InsideClimate News, March 28, 2019
Steve Horn, Bills Criminalizing Pipeline Protest Arise in Statehouses Nationwide, The Real News Network, February 22, 2019
Alleen Brown, Will Parrish and Alice Speri, Dakota Access-Style Policing Moves to Pennsylvannia’s Mariner East 2 Pipeline, The Intercept, June 21, 2017
Correction: a previous version of this page erroneously listed Energy Transfer Partners as a member of the American Petroleum Institute (API).
Posted on: 18 February 2019
By: Connor Gibson