Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB947 by King (Relating to creating a criminal offense for damaging certain critical infrastructure facilities and providing for the prosecution of that conduct as manslaughter in certain circumstances; increasing a criminal penalty.), Committee Report 1st House, Substituted
The bill would create a criminal offense if a person knowingly damages, destroys, vandalizes, or impairs the function of an electrical power generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility, and as a result of the conduct, causes a power outage lasting for two hours or more or affecting 1,000 or more meters used to measure electric energy consumption by retail customers. The offense would be punishable as a second degree felony but would be a first degree felony if the amount of pecuniary damage to the critical infrastructure facility is $100,000 or more or if the actor uses a firearm, explosive weapon, drone, or cyber attack in the commission of the offense. The bill would enhance the penalty for manslaughter from a second degree felony to a first degree felony if the person committed the offense of damaging a critical infrastructure facility and caused the death of an individual.
Creating a new criminal offense may result in additional demands upon state and local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement.
While the impact on state correctional populations or on the demand for state correctional resources cannot be determined due to the lack of data necessary to identify the prevalence of conduct that would constitute an offense under the bill, it is assumed that any impact would not be significant.