TRESPASSING AT A KEY FACILITY S.B. 685 (S-1) & 686 (S-2): FLOOR ANALYSIS
Senate Bill 685 (Substitute S-1 as reported)
Senate Bill 686 (Substitute S-2 as reported by the Committee of the Whole)
Sponsor: Senator Patricia L. Birkholz
Committee: Judiciary
CONTENT
Senate Bill 686 (S-2) would amend the Michigan Penal Code to prohibit a person, intentionally or without authority or permission, from entering or remaining in or upon premises or a structure belonging to another that was a "key facility", if the key facility were completely enclosed by a physical barrier of any kind including a significant water barrier that prevented pedestrian access. The facility also would have to be conspicuously posted against entry, with signage as required under the bill. A violation would be a felony punishable by up to four years' imprisonment, a maximum fine of $2,500, or both.
The bill specifies that it would not prohibit and could not be construed to prevent lawful assembly or a peaceful and orderly petition for the redress of grievances, including a labor dispute between an employer and its employees.
"Key facility" would mean one or more of the following:
-- A chemical manufacturing facility.
-- A refinery.
-- An electrical power generation or electrical transmission or distribution facility.
-- A water intake structure or water treatment facility.
-- A pipeline transmission compressor station.
-- Gasoline, propane, liquid natural gas (LNG), or other fuel terminal or storage facility.
-- A transportation facility, including a port, railroad switching yard, or trucking terminal.
-- A pulp or paper manufacturing facility.
-- A pharmaceutical manufacturing facility.
-- A hazardous waste storage, treatment, or disposal facility.
-- A telecommunications facility, including a central office or cellular telephone tower site.
The term also would include a facility substantially similar to a facility, structure, or station listed above or a resource required to submit a risk management plan under a section of the Federal Clean Air Act (42 USC 7412(r)).
Senate Bill 685 (S-1) would amend the Code of Criminal Procedure to include the felony proposed by Senate Bill 686 (S-2) in the sentencing guidelines. Trespass upon a key facility would be a Class F felony against the public safety, with a statutory maximum sentence of four years' imprisonment. Senate Bill 685 (S-1) is tie-barred to Senate Bill 686.
MCL 777.16y (S.B. 685) Legislative Analyst: Patrick Affholter
Proposed MCL 750.552c (S.B. 686)
FISCAL IMPACT
The bills would have an indeterminate fiscal impact on State and local government. There are no data to indicate how many offenders would be convicted of trespassing upon a key facility. Currently, an offender trespassing upon another's premises (including a key facility) is guilty of a misdemeanor punishable by imprisonment for up to 30 days, a fine of up to $50, or both. Under these bills, an offender convicted of the Class F felony would receive a sentencing guidelines minimum sentence range of 0-3 months to 17-30 months. Local governments would incur the cost of incarceration in local facilities, which varies by county. The State would incur the cost of felony probation at an annual average cost of $2,000, as well as the cost of incarceration in a State facility at an average annual cost of $30,000. Public libraries would benefit from any additional penal fine revenue raised.
Date Completed: 11-9-05 Fiscal Analyst: Lindsay HollanderAnalysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb685&686/0506