HR 8117: Stripping Pandemic Aid from Individuals Convicted of "Protest-Related" Federal Crimes

Would withdraw COVID-19 unemployment benefits from and impose new costs on anyone convicted of a federal offense related to the individual's conduct at and during a protest. Such a person would be ineligible for federal unemployment aid under the CARES Act (15 U.S.C. 9023) or any other Federal supplemental unemployment compensation during the COVID-19 public health emergency. If federal agents were involved in policing the protest at issue, the person who was convicted of a related federal offense would also have to pay the cost of the agents' policing activity, as determined by the court. Federal offenses include both violations of federal law, and violations of state law that occur on federal property. As such, the bill's withdrawal of benefits and imposition of new costs could apply to, e.g., a peaceful protester convicted of misdemeanor trespass for refusing to leave a demonstration on the steps of a federal courthouse or a sit-in at a congressional office. (See full text of bill here)

Status: defeated / expired

Introduced 28 Aug 2020.

Issue(s): Security Costs, Limit on Public Benefits

S 4424: Withhold Federal Funding for Failure to Prosecute Destructive Protest Activities

Would empower the U.S. Attorney General to withhold up to 10% of select federal funding from a state prosecutor's office, district attorney's office, or state attorney general office, if the U.S. Attorney General determines that the office has "abused the use of prosecutorial discretion by failing to prosecute crimes stemming from riots or other violent or destructive protest activities." Many riot statutes in the U.S. are broadly worded and can encompass non-violent protest activity. In the past, peaceful protesters have been prosecuted under these statutes. This bill could encourage an aggressive interpretation of riot statutes as well as other laws that could be used against peaceful demonstrators. On September 17, 2020, HR 8301 was introduced in the House of Representatives, which has nearly identical language to S 4424. (See full text of bill here)

Status: defeated / expired

Introduced 4 Aug 2020.

Issue(s): Riot

S 4266: Withhold Federal Funding for Failure to Either Prosecute or Properly Police a Riot

Would empower the U.S. Attorney General to withhold select federal funding if the Attorney General determines that a state or local government has a "custom or policy" of not prosecuting an individual engaged in unlawful activity as part of a riot or if they decline to prosecute because the "unlawful activity is related to or associated with expression of speech protected by the First Amendment". The U.S. Attorney General can also withhold select federal funding if a senior official, governing body, or policy prohibits law enforcement from taking action that would prevent or mitigate physical injury or property depredation related to a riot. The U.S. Attorney General could withhold up to 25% of select federal funding or twice the monetary value of property damaged or physical injury caused by the failure of the state or local government to take "reasonable steps" to protect against damage and injury. The bill also would create liability for "a person with the lawful authority to direct a law enforcement agency" to prohibit law enforcement from taking action that would prevent or materially mitigate significant injury or property destruction related to a riot. The bill defines riot using the broad federal definition of riot. Such broadly worded riot provisions have been used to prosecute peaceful protesters in the past. This bill may pressure law enforcement to police assemblies aggressively to ensure that their policing practices are not second guessed by the federal government resulting in loss of funding or because doing otherwise might open them up to civil litigation. The bill could also lead to the aggressive interpretation of riot statutes against peaceful protesters by prosecutors so as not to risk losing federal funding. A companion bill HR 7786 has been introduced in the House. (See full text of bill here)

Status: defeated / expired

Introduced 22 Jul 2020.

Issue(s): Damage Costs, Police Response, Riot, State Liability

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.

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): Damage Costs, Driver Immunity, Police Response, Riot, Traffic Interference, State Liability, Stand Your Ground

SB 96: Expanded definition of "riot" and ban on protest camps on state property

Would redefine "rioting" as three or more people who "recklessly, knowingly, or intentionally" engage in "tumultuous" conduct, punishable by a minimum of 30 days in jail and up to one year in prison. "Tumultuous" conduct includes conduct that obstructs law enforcement or other governmental functions, or that is likely to result in substantial damage to property or bodily injury. The offense does not require actual property damage or violence, and could cover a small peaceful group of protesters that momentarily blocks a government vehicle. The bill also makes it a class A misdemeanor, punishable by up to one year in jail, to "camp" in a number of places around the state capitol building after being informed that camping is not allowed, either by signage or in person. Camping is defined as conduct between 10pm and 7am that includes laying down a blanket or placing a piece of furniture on state property. (See full text of bill here)

Status: defeated / expired

Introduced 7 Jan 2021; Withdrawn on 25 January 2021

Issue(s): Riot, Traffic Interference, Camping

SB 34: New penalties for unpermitted protests that block traffic, unlawful assemblies, and "riot" offenses

Would increase the penalty for obstructing pedestrian or vehicular traffic to a level 5 felony, punishable by up to six years in prison, if committed by "a person participating in a protest or demonstration" that is not authorized by a permit. The bill also newly penalizes as a class A misdemeanor, punishable by up to 1 year in jail, participants in an unlawful assembly in a place of public accommodation who make unreasonable noise and continue to do so after being asked to stop, or who disrupt a lawful gathering of persons. The bill enables the government to seize any "real or personal property" that is used to finance or facilitate a crime "including minor violations" committed by a person who is part of an unlawful assembly. It strips immunity from government officials who "fail to enforce the law in connection with an unlawful assembly, if the failure to enforce the law constitutes gross negligence," opening up government officials to civil suits if they do not aggressively police protests. The bill bans a person convicted of rioting from holding state government employment, including elected office, and bars a person convicted of rioting from receiving a broad range of state and local benefits, including healthcare and educational benefits. Rioting in Indiana is defined broadly as a person who, as part of an unlawful assembly, recklessly, knowingly, or intentionally engages in "tumultuous" conduct. (See full text of bill here)

Status: defeated / expired

Introduced 4 Jan 2021.

Issue(s): Riot, Traffic Interference, State Liability, Limit on Public Benefits

HB 164: New penalties for protests that disrupt lawful meetings, block traffic, occur overnight on state property, and for "riot" offenses

Would raise penalties for protests that disrupt or offend meetings of public officials. The penalty for "disrupting a meeting" is increased to a Class A misdemeanor, punishable by up to one year in jail, if a person did "any act" "tending to obstruct" a lawful meeting, or made "any utterance, gesture, or display designed to outrage the sensibilities of the group." Protests that block streets would face higher penalties as well: Obstructing any "public passage" is raised to a Class A misdemeanor; it is raised to a Class D felony, punishable by up to five years in prison, if it prevents an "emergency vehicle," defined as any government or public service vehicle responding to an emergency, from accessing a street. The bill also bars 24-hour protests on certain state property, by making it a Class D felony to "camp" on state property that is not specifically designated for camping. "Camping" is defined as conduct between 10pm and 7am that includes laying down a blanket or using a piece of furniture. The bill would impose mandatory minimum sentences of 30-45 days for individuals convicted of riot offenses. Kentucky law defines "riot" as a group of five or more that creates a danger of property damage or personal injury, or that substantially obstructs law enforcement or another government function, through violent and tumultuous conduct. The bill would also require that courts order full restitution "for any pecuniary loss" in riot convictions. The provision does not require that an individual convicted be ordered to pay restitution only for "pecuniary loss" that they were directly responsible for. (See full text of bill here)

Status: defeated / expired

Introduced 5 Jan 2021; Expired with end of 2021 session

Issue(s): Damage Costs, Riot, Traffic Interference, Camping

HB 198: New penalties for protests that "disturb the peace"

Would dramatically expand the definition of "disturbing the peace" such that it could be applied to protests in a number of contexts. Under the bill, the offense is revised to broadly prohibit intentionally causing or recklessly creating a risk of "public inconvenience, annoyance, or alarm," by conduct including: engaging in "tumultuous or threatening behavior;" "making unreasonable noise;" "disturbing" any lawful meeting or gathering; or obstructing vehicular or pedestrian traffic. As revised, the offense could apply to protesters who are deemed "threatening" or "unreasonably" noisy; it could also apply to a protest that "disturbs" a government hearing or "obstructs" pedestrians on a public sidewalk. The offense is a misdemeanor punishable by up to two months in jail and a $500 fine. (See full text of bill here)

Status: defeated / expired

Introduced 1 Nov 2020; Withdrawn by sponsor 2 March 2021

Issue(s): Traffic Interference

HB 6269: Revoking Public Benefits of those Charged during "Civil Unrest"

Would revoke public assistance benefits for one year for someone who is "charged with looting, vandalism, or a violent crime in relation to or stemming from civil unrest." "Civil unrest" is defined to include simply unlawfully blocking a sidewalk or roadway or an unlawful assembly. "Violent crime" is defined broadly to include "intimidation, threat, or coercion." As such, a nonviolent protester who was charged, but not convicted, of making a threat or being intimidating at a protest could lose their public assistance, including medical and food assistance from the state. The bill further requires that if the person has their child with them when they are charged with a covered crime that the individual will be reported to child protective services. (See full text of bill here)

Status: defeated / expired

Introduced 29 Sep 2020.

Issue(s): Riot, Limit on Public Benefits

HB 83: New penalties for protestors who interfere with traffic and a legal shield for drivers and others who injure or kill protesters

Would create a vaguely defined new felony offense, "violent or disorderly assembly" that could cover peaceful protesters. The offense is defined as conduct by seven or more assembled people that creates an "immediate danger of damage to property" or personal injury, or that "substantially obstructs law enforcement or other governmental functions or services." The offense would be punishable by up to 3 years in prison and a $5,000 fine. The vagueness of the definition would allow authorities broad discretion to determine what constitutes, for instance, "creat[ing] an immediate danger" of property damage or injury. The bill includes new penalties for protests that interfere with traffic on roads and sidewalks, including a felony offense for "interfering with the regular flow of vehicular traffic" during a "violent or disorderly assembly." Under the bill, a driver who injures or kills someone who "obstructs or interferes with" traffic during an unpermitted protest or a "violent or disorderly assembly" is not criminally or civilly liable, as long as the driver did not do so "intentionally." The bill strips unemployment assistance from any person who is convicted of or pleads guilty or nolo contendere to a number of protest-related offenses, including "violent or disorderly assembly," and requires that government employees found guilty of violating any of the bill's provisions be fired from their positions. The bill precludes civil lawsuits against the state by anyone convicted of "unlawfully participating in a riot, unlawful assembly, public demonstration, mob violence, or civil disobedience," if the claim arises out of that conduct. Further, the bill creates a new civil right of action against local governments by any "victim" of "violent or unlawful assembly" or other protest-related offenses, if the local government "failed or was grossly negligent" in policing a riot or "violent or disorderly assembly" - provisions that, if enacted, could encourage municipal and other local governments to adopt overly aggressive law enforcement responses to protests in order to avoid lawsuits. The bill would newly add "violent or disorderly assembly" to the underlying crimes that can be prosecuted for "racketeering activity" under Mississippi's RICO statute, such that an organization or individual found to have "conspired" with individuals to engage in a protest that is deemed a "violent or disorderly assembly" could be prosecuted under RICO, and subject to felony penalties. Finally, the bill would amend Mississippi's law on "justifiable homicide," creating a new legal justification for anyone who uses deadly force to "necessarily" defend their business "where there is looting, rioting" or other offenses created under the bill, including the defacing of public property. (See full text of bill here)

Status: defeated / expired

Introduced 7 Jan 2021.

Issue(s): Conspiracy, Driver Immunity, Riot, Traffic Interference, State Liability, Limit on Public Benefits

SB 66: New penalties for protesters, and shields for those who commit violence against them

Would introduce a raft of new provisions affecting protesters, including civil immunity for drivers who injure protesters and a new affirmative defense for other acts of violence against protesters. The bill provides that a driver who injures someone who was "blocking traffic in a public right-of way while participating in a protest or demonstration" is not liable for damages, if the driver was "exercising due care." The bill would also expand Missouri's "Stand Your Ground" law, allowing a person to use deadly force against someone who is participating in an "unlawful assembly" and who unlawfully enters or attempts to enter private property that is owned or leased by the person. The bill introduces a series of new penalties for conduct associated with some protests: Protesters who block traffic could be charged with a new felony offense (up to 4 years in prison and a $10,000 fine) for intentionally walking, standing, sitting, kneeling, laying or placing an object in a manner that "blocks passage by a vehicle on any public street, highway, or interstate highway." The offense would be a Class D felony (7 years and $10,000) if committed "as part of an unlawful assembly." Under the bill, a person who "causes emotional distress to another person while participating in an unlawful assembly," is guilty of second-degree harassment, punishable in most cases as a Class E felony (4 years and $10,000). Under the bill, protesters who vandalized, defaced, or otherwise damaged public monuments or structures on public property could be charged with "institutional vandalism," a Class B felony, punishable by up to 15 years in prison. Finally, the bill would create a new offense of "conspiring with others to cause or produce a riot or unlawful assembly," defined as knowingly providing payment or "other financial incentive" to six or more people to violate the Missouri laws against rioting or unlawful assembly. The new offense would be a Class E felony (4 years and $10,000). (See full text of bill here)

Status: defeated / expired

Introduced 1 Dec 2020.

Issue(s): Conspiracy, Driver Immunity, Riot, Traffic Interference, Trespass

HB 56: Eliminating civil and criminal liability for drivers who hit protesters

Would shield a driver from civil and criminal liability for injuring someone who was participating in an "unlawful or riotous assemblage," if the driver was fleeing from the "unlawful or riotous assemblage" and "reasonably believed" they were in danger. If enacted, the bill would allow a driver to evade civil damages and criminal penalties for intentionally hitting and even killing a protester, if the driver "reasonably believed" they were in any danger. (See full text of bill here)

Status: defeated / expired

Introduced 1 Dec 2020.

Issue(s): Driver Immunity, Riot

SB 9: Heightened penalties for blocking roads

Would criminalize protests that block traffic as "unlawful traffic interference" and provide for harsh penalties. Under the bill, a person's intentional blocking of traffic on a public street or highway, whether with her body or an object, is a Class A misdemeanor punishable by up to a year in jail and a $2,000 fine. If the offense is repeated, or takes place on an interstate highway, it is a Class E felony, punishable by up to four years in jail and a $10,000 fine. If the offense is committed while the person is part of an unlawful assembly, it is a Class D felony, which is punishable by up to seven years in prison and a $5,000 fine. (See full text of bill here)

Status: defeated / expired

Introduced 27 Jul 2020.

Issue(s): Traffic Interference

SB 26: heightened penalties for blocking roads

Note: This bill received later amendments that removed entirely the provisions related to "unlawful traffic interference". Would criminalize protests that block traffic as "unlawful traffic interference" and provide for harsh penalties. Like SB 9, introduced in the 2020 session, the bill would criminalize a person's intentional blocking of traffic on a public street or highway, whether with her body or an object, as a Class A misdemeanor punishable by up to a year in jail and a $2,000 fine. If the offense is repeated, or takes place on an interstate highway, it is a Class E felony, punishable by up to four years in jail and a $10,000 fine. If the offense is committed while the person is part of an "unlawful assembly," it is a Class D felony, which is punishable by up to seven years in prison and a $5,000 fine. Missouri law currently defines an "unlawful assembly" as a gathering of at least six people in order to violate a law with force or violence. The bill would broaden this definition to include a gathering of two or more people to violate any law, with or without force or violence. (See full text of bill here)

Status: enacted with improvements

Introduced 1 Dec 2020; Approved by Senate 25 February 2021; Approved by House 4 May 2021

Issue(s): Traffic Interference

LB 111: Broad new penalties for "riot"-related offenses and disruptive protests

The bill would create a sweeping new "riot" offense, with steep penalties for participating in, organizing, advocating for, or assisting a riot. The bill defines "riot" as a group of three or more whose "tumultuous and violent conduct" creates "grave danger" of property damage or serious injury, or "substantially obstructs law enforcement or another governmental function." The bill prohibits "participation" in a riot, which includes not only joining a riot, but "aiding and abetting" a riot, or "refusing any lawful order" by law enforcement. It is likewise prohibited under the bill to "advocate for or urge or organize" a riot. If the riot results in serious bodily injury or property damage, a person can be charged with a Class IV felony for the above offenses, regardless of whether the person had any role in the injury or damage, and sentenced to up to two years in prison. In all other cases the offenses are Class I misdemeanors, punishable by up to one year in jail. The bill precludes bail for any one charged with "any crime" arising out of a riot. The bill also affects protests on streets and sidewalks, as it creates a new offense for any person who intentionally or recklessly obstructs a highway, street, sidewalk, aisle, hallway, or any other "public way," whether on their own or with others. "Obstruct" is defined as rendering the public way "impassable" or "unreasonably inconvenient." The offense, which could cover peaceful protests that take place on or spill over onto sidewalks and streets, would be a Class I misdemeanor, punishable by up to one year in jail. The bill would also make it unlawful to intentionally and substantially "obstruct or interfere with" a "lawful meeting, procession, or gathering." The offense, which would presumably cover peaceful but disruptive protests at e.g. government hearings, would be a Class II misdemeanor, punishable by up to six months in jail. Finally, the bill also creates new Class 1 misdemeanor offenses for "unauthorized application of graffiti" on state property, where "graffiti" is defined broadly enough to encompass chalk and other temporary markings applied as part of a peaceful protest.

Status: defeated / expired

Introduced 7 Jan 2021.

Issue(s): Conspiracy, Riot, Traffic Interference

HB 197: Legal defense for the use of deadly force against protesters

Would create a new legal justification for using deadly force against protesters. As introduced, the bill would expand New Hampshire's self-defense statutes to justify a person's use of deadly force against someone who they believe is "likely" to use "any unlawful force" while committing a "riot" against someone in a vehicle, house, or curtilage. The introduced bill justifies deadly force against someone who is "likely" to use "any" amount of force while committing "riot"--including against a third party. **Note: The bill was amended prior to its passage by the House, extending the self-defense justification to instances where deadly force against someone likely to use "any unlawful force in the commission of a felony against a person in a vehicle," rather than in the commission of a "riot".** (See full text of bill here)

Status: defeated / expired

Introduced 6 Jan 2021; Approved by House 25 February 2021

Issue(s): Riot, Stand Your Ground

S 3261: New penalties for blocking traffic and other protest-adjacent conduct

Would make it a felony offense to purposely or recklessly obstruct a public road while engaging in "disorderly conduct" or a "riot," punishable by up to a year and a half in prison and a $10,000 fine. Both "disorderly conduct" and "riot" are defined broadly under New Jersey law: "Disorderly conduct," for instance, could include "recklessly creating a risk of public inconvenience" by causing a "hazardous condition," or using "unreasonably loud and offensively coarse" language in a public place. The bill would also broaden the definition of "riot," such that a group of five or more people who engage in "disorderly conduct" and cause any damage to property or persons could face riot charges, a felony punishable by up to five years in prison and $15,000. Individuals who deface a monument during an unruly protest would also face heightened penalties under the bill: Current law penalizes defacing or damaging any public monument or structure as a disorderly persons offense, subject to six months in jail. The bill would make the same offense a felony punishable by a year and a half in prison and $10,000, if committed during a "riot." The bill would create new sanctions for protest organizers and patrons, as well: Under the bill, a person who "conspires with others as an organizer, supervisor, financier or manager to commit" one of a number of crimes during a protest would be guilty of "promotion of violent, disorderly assembly" and face enhanced criminal penalties. (See full text of bill here)

Status: defeated / expired

Introduced 10 Dec 2020.

Issue(s): Conspiracy, Riot, Traffic Interference

A 4991 / S 4028: Heightened penalties for blocking traffic, riot, disorderly conduct, and related offenses

Would create a new offense for blocking a highway or any "other public passage" in the course of a riot or disorderly conduct. The offense would be a fourth-degree crime, punishable by 1.5 years in prison and a $10,000 fine. (Under current law, blocking a highway or any other passage is a petty disorderly persons offense, punishable by up to 6 months in jail.) The bill would also create a new offense for disorderly conduct committed during a riot in a "place of public accommodation." The offense would also be a fourth-degree crime. The bill would create a new offense for "desecration of venerable objects" during a riot--also a fourth-degree crime. "Venerable objects" includes "any public monument, insignia, symbol, or structure," and "desecrate" includes "defacing" as well as "toppling." New Jersey currently defines "riot" as participation in disorderly conduct by a group of five or more people with an unlawful purpose. (See full text of bill here)

Status: defeated / expired

Introduced 16 Nov 2020.

Issue(s): Riot, Traffic Interference

A 11069: Heightened Penalties for Riot and Incitement to Riot

Would enhance the penalties for first and second degree "riot" as well as "incitement to riot." Under New York Law, "incitement to riot" is broadly defined, and could cover a person or organization found to have "urged" a group of people to protest in a "tumultuous and violent" way. The bill would make the offense a Class E felony, punishable by up to four years in prison, instead of a Class A misdemeanor. (See full text of bill here)

Status: defeated / expired

Introduced 7 Oct 2020.

Issue(s): Riot

A 10603: Heightened penalties for "riot" and "incitement to riot" by non-residents

Would heighten the penalties for "riot" and "incitement to riot" for defendants who are not New York residents, by creating two new criminal offenses. Under the bill, a non-resident who either commits "riot in the second degree" or "incitement to riot" is guilty of "travel to riot in the second degree," a Class E felony. Notably, New York law broadly defines "riot in the second degree" to include "tumultuous and violent conduct" with four or more people that "intentionally or recklessly...creates a grave risk of causing public alarm." A person is guilty of "incitement to riot" under New York law if he or she "urges" ten or more people "to engage in tumultuous and violent conduct of a kind likely to create public alarm." The bill creates an additional Class D felony for non-residents who commit first-degree riot. The bill was proposed after widespread protests in New York City following the killing of George Floyd by police in Minneapolis. (See full text of bill here)

Status: defeated / expired

Introduced 5 Jun 2020.

Issue(s): Riot

HB 784: Excusing use of deadly force against protesters and heightening penalties for road-blocking protests

The bill would create a new civil and criminal defense for anyone who uses force, including deadly force, to escape from a "riot." The bill would excuse a person who "reasonably believes" they are in danger of imminent injury from a riot, from taking "any steps necessary to flee," and would justify their "using or threatening to use reasonable force, including deadly force, to escape." The provision could encourage the use of violence against protesters. The bill would also create steep new penalties for interfering with or blocking traffic during an unpermitted protest. "Hindering or preventing movement" of persons on roads (a minor misdemeanor under current law) would become a third degree felony, punishable by up to 3 years in prison and $10,000, if it occurred during a protest that had not received a permit, or a protest that exceeded its issued permit. The bill would also enable law enforcement officers to sue protesters and any organizational supporters of protests if the officers suffered injury or property damage as a result of a riot. Ohio law defines "riot" to include engaging in "disorderly conduct" (including "recklessly caus[ing] inconvenience [or] annoyance") with four or more persons "to hinder, impede, or obstruct a function of government" - definition broad enough to cover peaceful protests. (See full text of bill here)

Status: defeated / expired

Introduced 9 Nov 2020.

Issue(s): Driver Immunity, Riot, Traffic Interference, Stand Your Ground

HB 5001: New penalties for protesters who block traffic

Would introduce new felony penalties for protesters who block highway traffic. The bill creates a new unlawful "interference with traffic" offense for anyone who "stands, sits, kneels, or otherwise loiters" on a highway, causing "obstruction, distraction, or delay" of any motorist. The offense is a felony, punishable by a minimum of one and up to 3 years in prison. A second conviction for the offense is punishable by at least 3 and up to 5 years, and a third conviction is punishable by at least 5 and up to 10 years. If the interference causes the "obstruction, distraction, or delay" of an emergency vehicle, and results in death, anyone convicted of participating in the interference will be sentenced to at least 5 and up to 30 years in prison. (See full text of bill here)

Status: defeated / expired

Introduced 8 Jan 2021.

Issue(s): Traffic Interference

HB 8005/SB 8005: Heightened Penalties for "Inconvenient" Protests and Protest Camps on State Property

The law heightens penalties for certain offenses that could encompass conduct by peaceful protesters. The law heightens existing criminal penalties for blocking a street, sidewalk, or "any other place used for the passage of persons, vehicles or conveyances" from a Class C to a Class A misdemeanor. Accordingly, protesters who obstruct or make it "unreasonably inconvenient" to use a street or sidewalk could face up to one year in jail. The law likewise heightens penalties for the existing offense of "obstructing" or "interfering with" a lawful meeting, procession, or gathering, from a Class B to Class A misdemeanor. Protesters who intentionally "interfere with" a meeting of the legislature or other government officials, including by staging a loud protest, could therefore face up to one year in jail. The law also targets protest encampments on the grounds of the Capitol and other areas by broadening the definition of "camping," and heightening penalties for camping on state property. As such, protesters who use or place any "piece of furniture," shelter, or structure on state property could be charged with a Class E felony, if they continue to do so 24 hours after receiving a warning. The offense would be punishable by up to six years in prison, a fine of $3,000, and restitution for any property damage. The law also amends Tennessee provisions on "riot," (which is defined broadly), including by requiring those convicted of "inciting" or "urging" a riot to pay restitution for any property damage incurred by the offense. When it was introduced, the legislation authorized the Tennessee Attorney General to intervene and prosecute offenses where there has been damage to state property, including those arising in the context of peaceful protests, if the district attorney declined to do so; however those provisions were removed prior to the law's enactment, and replaced with a requirement that district attorneys produce a report on such offenses and how they were dealt with. (See full text of bill here)

Status: enacted

Introduced 7 Aug 2020; Approved by House and Senate 12 August 2020; Signed by Governor Lee 20 August 2020

Issue(s): Damage Costs, Riot, Traffic Interference, Camping

SB 5079: New civil liability for law enforcement agencies that "stand down" during a riot or unlawful assembly

Would allow someone who is injured or sustains any property damage to sue the director of a law enforcement agency, if the person's injuries or damage were incurred as a result of the director ordering law enforcement officers not to take action in response to a riot or unlawful assembly. The bill provides that, in such lawsuits, a plaintiff may recover compensatory damages, punitive damages, and reasonable attorney fees and costs, including costs and reasonable fees for expert witnesses. If enacted, the bill's proposal would create incentives for law enforcement to use more aggressive, provocative tactics against protesters, including peaceful protesters, in order to avoid a costly lawsuit. (See full text of bill here)

Status: defeated / expired

Introduced 17 Aug 2020; Expired with end of 2021 legislative session

Issue(s): Damage Costs, Police Response, Riot, State Liability

SB 5056: Heightened penalties for remaining at an unlawful assembly or riot

This bill is a combination of earlier bills, ranging from SB 5057 to SB 5062. It would increase the criminal penalty for remaining at the place of a declared "unlawful assembly" or "riot" after having been lawfully warned to disperse. The penalty would be a Class 1, rather than Class 3 misdemeanor, punishable by up to one year in jail and a $2,500 fine. Virginia law defines "unlawful assembly" broadly, to include a gathering of three or more people that "tends to inspire" a "well-grounded fear of serious and immediate breaches of public safety, peace or order." Peaceful protesters who failed to leave the scene of such a gathering, after being ordered to do so, could accordingly face up to one year in jail. The bill also would increase the penalty for obstructing emergency medical services after having been requested to move to a class 2 misdemeanor as well as make it a class 3 misdemeanor to "curse" law enforcement officers performing their assigned duties. (See full text of bill here)

Status: defeated / expired

Introduced 17 Aug 2020; Expired with end of 2021 legislative session

Issue(s): Riot

SB 5074: New penalties for protests that block emergency vehicles

Would heighten existing penalties for anyone who "unreasonably or unnecessarily obstructs the delivery of emergency medical services," or who "refuses to cease such obstruction or move on when requested to do so" from a Class 2 misdemeanor to a Class 6 felony, if the violation occurs at the site of a riot or unlawful assembly. Virginia law defines "unlawful assembly" broadly, to include a gathering of three or more people that "tends to inspire" a "well-grounded fear of serious and immediate breaches of public safety, peace or order." Under the bill, participants in a peaceful street protest who failed or were unable to make way for emergency vehicles, for instance, could face felony charges if their gathering was deemed to be an "unlawful assembly." (See full text of bill here)

Status: defeated / expired

Introduced 17 Aug 2020; Expired with end of 2021 legislative session

Issue(s): Riot, Traffic Interference