State by State Pending and Recently Passed #AntiProtestLaws: #Illinois

HB 2357: New penalties for protests that #BlockTraffic

Would create a new felony offense for protests that block traffic on highways and other busy roadways for more than five minutes. Existing Illinois law already prohibits protests or other assemblies on roadways without a permit or other permission from law enforcement, and requires that such assemblies not obstruct pedestrian or car traffic “in an unreasonable manner;” violations are a Class A misdemeanor offense. Under the bill, blocking “an exceptionally busy public right-of-way” for more than five minutes in a way that prevents “or would prevent” passage of an emergency vehicle, is a Class 4 felony. As written, the felony offense applies regardless of whether an emergency vehicle was actually blocked, or whether the roadway was “exceptionally busy” at the time it was blocked. “Exceptionally busy public right-of-way” is defined as a public road that typically carries at least 24,000 cars daily. The bill would also newly preempt cities and counties from enforcing a more lenient rule related to protests and demonstrations on roadways. The same bill was introduced as HB 5819 during the 2023-2024 session.

Full text of bill: https://www.ilga.gov/legislation/billstatus.asp?DocNum=2357&GAID=18&GA=104&DocTypeID=HB&LegID=160067&SessionID=114

Status: pending

Introduced 4 Feb 2025.

Issue(s): Traffic Interference

HB 1480: NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE

Would create a new felony offense that could cover #NonviolentProtesters at pipeline and other infrastructure sites. Under the bill, someone who knowingly “vandalizes, defaces, tampers with” or damages part of a critical infrastructure facility commits a felony. If the “value of the property” (not the cost of the damage) is less than $500, the offense is a Class 4 felony, punishable by 1-3 years in prison and up to $20,000; if the property value is $500-$10,000, it is a Class 3 felony (2-5 years and $20,000); and if the property value exceeds $10,000, it is a Class 2 felony (3-7 years and $20,000). The bill newly defines "critical infrastructure facility" under Illinois law to include gas and oil #pipelines and a range of pipeline-related facilities, as well as electric, water, telecommunications, railroad, and “health care” facilities, regardless of whether they are fenced off or clearly marked with signs. As such, a protester who chalked or spraypainted a pipeline without damaging its functionality could face felony charges and a lengthy prison sentence if convicted. The bill extends liability to anyone who “conspires with” a person to commit the offense. It also provides that critical infrastructure owners can sue for punitive and compensatory damages. The same bill was introduced as HB 4746 in the 2023-2024 session.

Full bill text: https://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=114&GA=104&DocTypeId=HB&DocNum=1480&GAID=18&LegID=157549&SpecSess=&Session=

Status: pending

Introduced 21 Jan 2025.

Issue(s): Civil Liability, #ProtestSupporters or Funders, #Infrastructure

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #TrafficInterference

State by State Pending and Recently Passed #AntiProtestLaws: #Georgia

SB 339: Mandatory sanctions for campus protesters

**Note: SB 339 was signed into law following amendments that removed the most restrictive provisions.** As originally introduced, Senate Bill 339 would have created mandatory disciplinary sanctions that could be applied to peaceful protesters on college and university campuses. The introduced bill required public universities and community colleges to adopt a policy prohibiting and subjecting to sanction individuals involved in "protests or demonstrations that infringe upon the rights of others to engage in or listen to expressive activity" on campus. Additionally, the introduced bill required administrators to suspend for at least one year or expel any student who was twice "found responsible for infringing on the expressive rights of others," such as through a protest of a campus speaker. Amendments to the bill removed the provisions related to specific sanctions, prior to the bill's passage by the Senate.

Full text of bill: https://www.legis.ga.gov/legislation/52111

Status: enacted with improvements

Introduced 19 Jan 2018; Governor Deal signed it 8 May 2018

Issue(s): Campus Protests

SB 160: Heightened penalties for blocking traffic

**Note: This bill was amended prior to passage by the legislature, to remove the provisions penalizing obstruction of a public passage.** As introduced and passed by the Georgia Senate, the "Back the Badge" bill included heightened penalties for intentionally or recklessly blocking "any highway, street, sidewalk, or other passage." Accordingly, protesters and demonstrators peacefully obstructing a public sidewalk could have been charged with a misdemeanor of a high and aggravated nature, which under Georgia law is subject to up to a $5,000 fine or up to one year in jail. These provisions were removed, however, in the version of the bill approved by the House of Representatives and sent to the Governor on April 10, 2017.

Full text of bill:
https://www.legis.ga.gov/api/legislation/document/20172018/170731

Status: enacted with improvements

Introduced 10 Apr 2017; Approved by Senate 24 Feb 2017; Approved by House 24 March 2017 without traffic-blocking provisions; Signed by Governor Deal 8 May 2017

Issue(s): #TrafficInterference

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #PipelineProtests #CriminalizingDissent #AntiProtestLaws #CampusProtests

State by State Pending and Recently Passed #AntiProtestLaws: #Florida

HB 275 / SB 340: New penalties for protests near gas and oil #pipelines

Creates a new felony offense for trespassing that could cover some protests near pipelines and other infrastructure that do not involve actual property damage. The law broadly defines “#CriticalInfrastructure” to include above or belowground pipelines, as well as a range of other gas, electricity, water, mining, and telecommunications facilities. Under the law, entering onto critical infrastructure property with notice that such entrance was prohibited is a 3rd degree felony offense. As such, protesters who cause no damage but merely enter onto posted property that contains a pipeline in the course of their protest could face felony charges and up to 5 years in prison if convicted. By contrast, trespassing onto private property is generally a 2nd degree misdemeanor, punishable by at most 60 days in jail. The House bill as originally also created an overbroad “improper tampering” felony offense, which would have included any unauthorized action to “change…the physical condition of the property or any portion thereof,” or to “knowingly and intentionally… deface” critical infrastructure property, but these provisions were removed by amendment.

Full text of bill: https://www.flsenate.gov/Session/Bill/2022/1435/?Tab=BillHistory

Status: enacted

Introduced 25 Oct 2023; Approved by House 22 February 2024; Approved by Senate 28 February 2024; Signed by Governor #DeSantis 17 May 2024

Issue(s): Infrastructure, #Trespass

HB 1435/SB 1954: Charging protest organizers for the costs of responding to a protest

Would allow local authorities to require protest organizers to pay for "all relevant costs and fees associated with designating and enforcing" the zone established for a "special event," "including, but not limited to, costs and fees for the provision of supplemental law enforcement and sanitation services." While the bill's sponsors indicate that it was motivated by large, disruptive "pop-up" gatherings of cars like the "Daytona Truck Meet," it is written broadly enough to cover street protests and demonstrations. The bill defines a "special event" as an "unpermitted temporary activity or event organized or promoted via a social media platform" which is attended by 50 or more persons and substantially increases or disrupts the normal flow of traffic on a roadway, street, or highway." The bill also authorizes law enforcement to "enforce occupancy limits" in "special event zones"; which if applied to protests could allow police could limit the number of protest participants in a certain area.

Full text of bill: https://www.flsenate.gov/Session/Bill/2022/1435/?Tab=BillHistory

Status: enacted

Introduced 10 Jan 2022; Approved by House 2 March 2022; Approved by Senate 4 March 2022; Approved by Governor DeSantis 26 May 2022

Issue(s): Security Costs

HB 1/SB 484: Expanded definition of "#riot" and new penalties for #protesters

**Note: Provisions of HB1 related to the law's new definition of "riot" were preliminarily enjoined by a federal district judge on September 9, 2021, temporarily blocking enforcement of those provisions.**

Enlarges the legal definition of "riot," a 3rd degree felony, to include any group of three or more individuals whose shared intent to engage in disorderly and violent conduct results in "imminent danger" of property damage or personal injury, or actual damage or injury. Notably, the new definition does not require that the individuals' conduct be disorderly or violent, or that they commit any actual damage or injury. Under the new law, a "riot" consisting of 25 or more people, or one that "endangers the safe movement of a vehicle," is automatically an "aggravated riot," a new 2nd degree felony offense under the law. As such, large groups of protesters or ones that block traffic, even temporarily, could face up to 15 years in prison. Under the new law, "inciting" someone to participate in a riot is a 3rd degree felony, punishable by 5 years in prison. The law also creates a new criminal offense of "mob intimidation," defined as a group of three or more people who act with a "common intent" to compel "or attempt to compel" another person to "do or refrain from doing any act," or "assume, abandon, or maintain a particular viewpoint" against their will. The offense is a first degree misdemeanor, punishable by up to one year in jail. The law creates a new 3rd degree felony offense, punishable by up to 5 years in prison, for anyone who "willfully and maliciously #defaces, injures, or otherwise damages by any means" #statues, #flags, #paintings, displays, or other "#memorials" and the value of the damage is more than $200. As "deface" is not defined, protesters who apply paint or graffiti to a monument in the course of a peaceful protest could face up to 5 years in prison. The law may encourage violence against protesters by creating a new affirmative defense in civil lawsuits for personal injury, death, or property damage, such that a defendant can avoid liability by establishing that the injury, death, or damage they committed "arose from" conduct by someone "acting in furtherance of a riot." Finally, the law creates a new civil right of action against a municipal government that fails to "respond appropriately to protect persons and property during a riot or unlawful assembly," making them civilly liable for damages, including personal injury or property damage. These provisions may encourage municipal governments to adopt overly aggressive law enforcement responses to protests in order to avoid lawsuits.

Full text of bill: https://www.flsenate.gov/Session/Bill/2022/1435/?Tab=BillHistory

Status: enacted

Introduced 6 Jan 2021; Approved by House 26 March 2021; Approved by Senate 15 April 2021; Signed by Governor DeSantis 19 April 2021

Issue(s): Protest Supporters or Funders, Driver Immunity, #PoliceResponse, Riot, #TrafficInterference, State Liability, #StandYourGround

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #PipelineProtests #CriminalizingDissent #AntiProtestLaws

State by State Pending and Recently Passed #AntiProtestLaws: #Arkansas

HB 1508: New penalties for #protesters who block #traffic, "#riot", or damage #monuments

As enacted, the law increases the penalty for obstructing a "public passage", from a Class C to a Class A misdemeanor. As such, an individual in a protest that makes a sidewalk "impassable to pedestrian... traffic" could face up to one year in jail. The law also creates a new mandatory minimum sentence of 30 days in jail for "rioting", and requires restitution for any injury or damage as a result of the offense. Rioting is defined in Arkansas to include engaging with two or more persons in "tumultuous" conduct that creates a "substantial risk" of "public alarm." The law requires that a person convicted of inciting a riot likewise pay restitution for any injury or damage as a result of the offense. The law provides that the state Attorney General may initiate an investigation into cases of riot, inciting riot, and obstructing a highway or other public passage. Finally, the law amends the definition of "act of terrorism" under Arkansas law, to include any act that causes "substantial damage" to a public "monument." It is not clear whether graffiti or other painting applied to a monument as part of a protest could comprise a terrorist act under the new law.
Full text of bill: https://www.arkleg.state.ar.us/Bills/Detail?id=HB1508&ddBienniumSession=2021%2F2021R&Search=

Status: enacted

Introduced 22 Feb 2021; Approved by House 19 April 2021; Approved by Senate 22 April 2021; Signed by Governor Hutchinson 29 April 2021

Issue(s): Riot, Terrorism, #TrafficInterference

HB 1321: New penalties for protests near gas and oil pipelines

Introduces harsh new penalties for protestors around gas and oil pipelines and other "critical infrastructure." The law broadly defines "critical infrastructure" to include a range of posted or fenced-off areas associated with natural gas and crude oil production, storage, and distribution, including above and below ground pipelines as well as #pipeline construction sites and equipment. Under the law, purposely entering or remaining on any "#CriticalInfrastructure" is a Class D felony, punishable by up to 6 years in prison and a $10,000 fine. Separately, the law provides that trespassing on property outside of a city or town, regardless of whether it is posted, is a Class D felony if the property is "critical infrastructure." In nearly all other cases, trespass is a misdemeanor or minor violation. The law also creates a felony offense for anyone who purposely and unlawfully "causes damage" to critical infrastructure. Any amount of "damage," which the law does not define is a Class B felony under the law, punishable by 20 years in prison and a $15,000 fine. Under the law, protesters who hold a peaceful sit-in at a pipeline construction site and paint protest slogans on construction material, for instance, could face lengthy prison sentences.

Full text of bill: https://arkleg.state.ar.us/Bills/Detail?id=hb1321&ddBienniumSession=2021%2F2021R&Search=

Status: enacted

Introduced 27 Jan 2021; Approved by House 9 March 2021; Approved by Senate 1 April 2021; Signed by Governor Hutchinson 14 April 2021

Issue(s): Infrastructure, Trespass

HB 1578: Expanded Civil Liability for Those Who Incite a Riot and Criminal Penalties for Obstructing First Responders

Creates a civil cause of action for a person who is injured or has property damaged as a "direct or indirect" result of a "riot" against a person who commits "riot" or a person or entity who incites a riot. Arkansas law defines both "riot" and "incitement" broadly, creating potential liability for protesters or organizations who are interpreted to have urged others to have engaged in tumultuous or violent conduct.

Full text of bill: https://arkleg.state.ar.us/Bills/Detail?id=HB1578&ddBienniumSession=2017%2F2017R

Status: enacted

Introduced 17 Feb 2017; Passed by House 2 March 2017; Passed by Senate 27 March 2017; Signed by Governor 6 April 2017.

Issue(s): Civil Liability, Protest Supporters or Funders, Riot

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #CriminalizingDissent #AntiProtestLaws #CivilWarMonuments #Racism