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"Critical Infrastructure" Bill Seen as Protest Deterrent Now Law in Oklahoma

A measure criticized as a way to deter protests is now law in Oklahoma.

Gov. Mary Fallin has signed House Bill 1123, which went into effect immediately. It adds two felonies with harsh penalties for trespassing at and damaging or intending to damage sites deemed "critical infrastructure."

Refineries, various utility facilities, oil and gas pipelines, dams and cell phone towers are among the things defined as critical infrastructure.

During Senate consideration of HB1123, Sen. Bryce Marlatt said bullet holes have been found recently at several pipeline facilities, but Senator Kay Floyd questioned whether that made the law immediately necessary.

"I cannot give you a report on ex how many instances there are, but I believe that they have happened just in this past year," Marlatt said.

"And so, a few instances that we can't really document, we're not sure where they happened — do you believe those rise to the level of immediately necessary for the preservation of the public peace, health and safety?" Floyd said.

Rep. Todd Russ said during House consideration of the bill existing laws penalize people who damage critical infrastructure sites, and this one goes a step further.

"If they charge you with the intent to do these things, you are now charged with a felony," Russ said. "I am highly concerned about the number of felonies that the state of Oklahoma has."

The law also allows fines up to $1 million against organizations determined to be conspirators in those crimes. Rep. Eric Proctor said that could end up punishing organizations who may send food or clothing to demonstrators.

"Both with tribal governments and religious institutions that send aid, under the way this bill is currently written, I believe they would be held as conspirators," Proctor said.

The legislature has also passed a bill this session creating civil liability for anyone who compensates protesters.

Matt Trotter joined KWGS as a reporter in 2013. Before coming to Public Radio Tulsa, he was the investigative producer at KJRH. His freelance work has appeared in the Los Angeles Times and on MSNBC and CNN.