Dems: Judiciary Committee Report – Week 13, 2018

April 5, 2018
By

SF 2235 – Sabotage of critical infrastructure;
SF 2391 – Fees relating to amended birth certificates pursuant to adoption;
HF 2404 – Restitution paid to crime victims. 

 

FLOOR ACTION:

SF 2235 is the “sabotage of critical infrastructure” bill, which creates a new crime relating to damaging critical infrastructure. The penalty is a “B” felony punishable by up to 25 years in prison and a fine of between $85,000 and $100,000.

The House did a strike-after amendment and sent the bill back to the Senate. The Senate concurred with the House amendment, which removes “transportation infrastructure” from the definition of critical infrastructure but keeps the following categories in the definition of critical infrastructure:

  • Electrical infrastructure
  • Gas, oil, petroleum, refined petroleum products or chemical critical infrastructure
  • Telecommunications or broadband critical infrastructure
  • Wastewater critical infrastructure
  • Water supply critical infrastructure

The bill limits infrastructure in these categories to that used for generating, transmission, delivery, transportation, collection or storage systems. In addition, the bill maintains in the definition any “land, building, conveyance, or other temporary or permanent structure whether publicly or privately owned, that contains, houses, supports, or is appurtenant to any critical infrastructure”.

The amendment makes changes to the definition of the crime of “critical infrastructure sabotage,” which is now“an unauthorized and overt act intended to cause and having the means to cause, and in substantial furtherance of causing, a substantial and widespread interruption or impairment of a fundamental service rendered by the critical infrastructure.” However, “critical infrastructure sabotage” does not include an accidental interruption or impairment of service to the critical infrastructure caused by a person in the performance of their work or caused by lawful activity. In addition, “critical infrastructure sabotage” does not include any condition or activity related to the production of farm products as defined in section 554.9102, including, but not limited to, the discharge of agricultural storm water; the construction or use of soil or water quality conservation practices or structures; the preparation of agricultural land and the raising, harvesting, drying or storage of agricultural  crops; the application of fertilizer as defined in section 200.3, pesticides as defined in section 206.2, or manure  as defined in section 459.102; the installation and use of  agricultural drainage tile and systems; the construction, operation or management of an animal feeding operation as defined in section 459.102; and the care, feeding or watering of livestock.
[4/3: 35-13 (No: Bisignano, Dvorsky, Lykam, Taylor, Bolkcom, Hogg, McCoy, Boulton, Jochum, Petersen, Dotzler, D. Johnson, Quirmbach; Absent: Dawson; Vacancy: Dix)]

 

SF 2391 allows clerks of court to receive the fee from adoptive families or their representatives that will be sent to the Department of Public Health along with the certificate of adoption so that a new birth certificate can be processed in a timely manner.
[4/4: 49-0 (Vacancy: Dix)]

 

HF 2404 relates to restitution under criminal law for a felony that caused the death of another person. Under Code section 910.3B currently, the offender must pay $150,000 to the victim’s heirs or the victim’s estate. This bill ensures any restitution required under 910.3B will not be reduced by a third-party payment, including an insurance payment, unless the offender is covered by the insurance.
[4/3: 48-0 (Absent: Dawson, Vacancy: Dix)]

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