A BILL to amend and reenact § 18.2-162 of the Code of Virginia, relating to damage or trespass to public services or utilities or critical infrastructure; penalties.
HB769 amends Virginia’s criminal statute on damage or trespass to public services, utilities, and critical infrastructure. The bill keeps the existing felony and misdemeanor framework for intentionally damaging facilities, fixtures, equipment, or information technology systems used to provide oil, telegraph, telephone, electric, gas, sewer, wastewater, or water service, and it continues to treat minor repairable damage under $1,000 as a Class 3 misdemeanor while more serious damage remains a Class 4 felony.
The bill also preserves and clarifies the special rule for electric generating property marked with no trespassing signs, allowing utility security personnel to detain a trespasser for up to one hour while awaiting law enforcement. In addition, it retains the enhanced penalties for intentional damage that could release radioactive materials or ionizing radiation, including Class 2 felony treatment if the damage causes death and Class 3 felony treatment if it causes injury.
HB769 would amend § 18.2-162 of the Code of Virginia, affecting criminal penalties for vandalism, trespass, and sabotage involving utilities and critical infrastructure. It reinforces existing protections for public service systems and nuclear-related facilities, and it may increase incarceration or commitment periods for offenders, which the bill notes could create a fiscal impact on the state’s correctional and juvenile justice systems.
The available legislative context suggests little recorded debate or opposition, and the bill was ultimately incorporated by the Courts of Justice Committee into another measure by voice vote. That indicates the proposal was generally treated as a technical or policy-supportive update rather than a controversial change, with no recorded committee transcript or roll-call vote showing significant division.
The main policy issues inherent in the bill are the severity of criminal penalties for damage to critical infrastructure and the authority granted to utility security personnel to detain trespassers for up to one hour. Potential concerns would likely center on balancing infrastructure security and public safety against civil liberties, trespass enforcement, and the possibility of increased incarceration costs. However, the provided record does not show any specific objections or named opponents.