S.115 - Guarding and Administering Trespass Enforcement, Controlling Restricted Areas, and Stopping High-risk Encroachment Recidivism and Sabotage Act; GATE CRASHERS Act (119th Congress)
Summary
S.115, the GATE CRASHERS Act, aims to amend Title 18 of the United States Code to establish criminal penalties for unauthorized access to Department of Defense (DoD) facilities. The bill introduces Section 1390, which makes it unlawful to enter DoD property that is clearly marked as closed or restricted without authorization. Penalties range from fines and up to 180 days imprisonment for a first offense, to fines and up to 10 years imprisonment for third or subsequent offenses.
Expected Effects
The primary effect of this bill would be to increase the legal consequences for individuals who trespass on Department of Defense properties. This could lead to a reduction in unauthorized access incidents at military facilities. It also provides law enforcement with additional tools to deter and prosecute such offenses.
Potential Benefits
- Enhanced security at Department of Defense facilities.
- Reduced risk of espionage or sabotage.
- Increased deterrence against unauthorized entry.
- Clearer legal framework for prosecuting trespassers.
- Potential reduction in costs associated with security breaches.
Most Benefited Areas:
Potential Disadvantages
- Potential for over-prosecution of minor offenses.
- Increased burden on the justice system.
- Risk of disproportionate penalties for unintentional trespass.
- Possible negative impact on public perception of military facilities.
- Could be used to stifle legitimate protests near military installations.
Most Disadvantaged Areas:
Constitutional Alignment
The bill appears to align with the Constitution's provision for national defense (Preamble: "provide for the common defence"). Congress has the power to enact laws necessary and proper for executing its enumerated powers (Article I, Section 8). However, the potential for overreach and infringement on rights to assembly and protest (Amendment I) needs careful consideration during implementation.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).