Oklahoma
HB 1123: New penalties for protests near "critical infrastructure"
Targets protests around certain public facilities by creating a new criminal offense for trespass onto property containing “critical infrastructure.” The law’s extensive list of “critical infrastructure” facilities ranges from a petroleum refinery to a telephone pole. Willfully entering onto property containing critical infrastructure without permission is a misdemeanor, punishable by up to $1,000 or six month in jail, or both. Evidence of intent to damage or otherwise harm the operations of the infrastructure facility would make the offence a felony, punishable by at least $10,000 (with no maximum provided) or imprisonment for one year, or both; actual damage or vandalizing of the facility is punishable by up to 10 years in prison and a $100,000 fine. Organizations found to have “conspired” with perpetrators are liable for up to $1,000,000. The sponsor of the law told a House of Representatives committee that it was prompted by the Dakota Access Pipeline protests in North Dakota. (See full text of bill here)
Status: enacted
Introduced 6 Feb 2017; Signed into law 3 May 2017
Georgia
SB 1: Expanding definition of “domestic terrorism”
Would have broadened the definition of “domestic terrorism” under Georgia law to potentially include demonstrations, boycotts, and other forms of protest and political expression. Under the bill, the previously high bar for committing domestic terrorism – harm caused to a group of 10 or more individuals – is lowered to include causing harm to at least one individual or disabling “critical infrastructure.” The new target, “critical infrastructure” is in turn very broadly defined to include “public or private systems, functions or assets, whether physical or virtual, vital to the security, governance, public health and safety, economy, or morale of this state or the United States.” The bill also introduces a new provision targeting actions that have a political or ideological component, such that domestic terrorism would include an action intended to advance “any ideology or belief,” whether held individually or as part of a group. Commission of domestic terrorism as defined by the bill would be a felony punishable by prison sentences ranging from five years to life. Given the broad language of the bill and extreme penalties involved, rights leaders feared that it was aimed to monitor, punish, and chill free speech activities including protests. (See full text of bill here)
Status: defeated / expired
Introduced 10 Jan 2017; Approved by Senate 1 March 2017; Failed in House 28 March 2017
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