The US Protest Law Tracker follows state and federal legislation introduced since January 2017 that restricts the right to peaceful assembly. For more information, visit our Analysis of US Anti-Protest Bills page.
Latest updates: Apr. 24, 2024 (Tennessee), Apr. 15, 2024 (Georgia, Idaho, Kentucky, Louisiana), Apr. 3, 2024 (Arizona)
7 entries matching in provided filters in 6 states. Clear all filters
Alabama
SB 45: New penalties for protests near gas and oil pipelines
Would amend existing state law to create new criminal penalties for conduct that may occur in the course of peaceful protests near oil or gas pipelines and other infrastructure facilities. Alabama already criminalizes trespass onto "critical infrastructure," pursuant to law passed in 2016. The bill would expand the law's definition of "critical infrastructure" to include "pipelines," such that a person who trespasses onto pipeline property could be charged with a Class A misdemeanor, punishable by one year in jail and a $6,000 fine. The bill would also create a new felony offense for any person who "injures," "interrupts or interferes with" critical infrastructure while trespassing. Such an act would be a Class C felony, punishable by up to 10 years in prison and $15,000. HB 36 has similar provisions in the House and was introduced January 23, 2020. (See full text of bill here)
Status: defeated / expired
Introduced 4 Feb 2020; Approved by Senate 12 March 2020
Issue(s): Infrastructure, Trespass
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Louisiana
HB 197: New penalties for protests near critical infrastructure
Would build on a 2018 law that heightened penalties for protesters near pipelines and other "critical infrastructure"(see HB 727). The bill further expands the definition of "critical infrastructure" to include "water control structures, including floodgates or pump stations." This would expand the universe of places where protesters could face felony charges and 5 years in prison for "unauthorized entry of a critical infrastructure" e.g. for protests near dams and levees, as well as such structures that are under construction. The bill also provides heightened penalties for "unauthorized entry of a critical infrastructure" during a state of emergency: Under the bill, if a state of emergency is in effect, unauthorized entry onto critical infrastructure (for instance during a peaceful protest) is punishable by at least 3 and up to 15 years imprisonment, along with a fine of $5,000-$10,000. As such, protesters could face even harsher penalties for protesting on infrastructure property or infrastructure construction sites during a state of emergency. (See full text of bill here)
Status: defeated / expired
Introduced 24 Feb 2020; Approved by House 22 May 2020; Approved by Senate 29 May 2020; Vetoed by Governor Edwards 12 June 2020
Issue(s): Infrastructure, State of Emergency, Trespass
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Minnesota
HF 3668: New penalties for protests near gas and oil pipelines
Would create new civil and criminal liability for protesters on infrastructure property as well as for any organization or entity that supports them. The bill would make someone who is convicted of or merely arrested for trespassing on property containing a critical public service facility, utility, or pipeline, civilly liable for any property damage arising out of the trespass. Under the bill, a person "or entity" that "recruits, trains, aids, advises, hires, counsels, or conspires with" someone who is convicted of or arrested for trespassing is also civilly liable for damages. The bill creates criminal liability for anyone who "intentionally recruits, trains, aids, advises, hires, counsels, or conspires with" someone to trespass, as well: If the person or entity fails to make a "reasonable effort" to prevent the trespass, and the offense is committed, they are guilty of a gross misdemeanor, punishable by up to one year in jail and a $3,000 fine. The broad language used in the vicarious liability provisions could be construed to include aiding a protester by providing them with water or medical assistance. (See full text of bill here)
Status: defeated / expired
Introduced 24 Feb 2020.
Issue(s): Damage Costs, Conspiracy, Infrastructure, Trespass
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Minnesota
HF 2966: New Penalties for Protests Near Oil and Gas Pipelines
Would create new civil and criminal liability for protesters on infrastructure property as well as civil liability for any organization or entity that supports them. The bill would make someone who trespasses on property containing a critical public service facility, utility, or pipeline liable for any damages to property that they commit while trespassing. Any person or entity that "knowingly recruits, trains, aids, advises, hires, counsels, [or] conspires with" someone who trespasses or causes damage to property could be held "jointly and severably liable." If the person trespasses with intent "to significantly impede or inhibit operation" of a covered facility, utility, or pipeline they are guilty of a felony and may be subject to three years in prison and/or a $5,000 fine. The phrase "significantly impede or inhibit" could be construed to encompass peaceful protests that block access to infrastructure, which under Minnesota law is broadly defined to include bus stations and parts of bridges. The broad language used in the joint and severable liability provision could be construed to include aiding a protester by providing them with water or medical assistance. (See full text of bill here)
Status: defeated / expired
Introduced 31 Jan 2020.
Issue(s): Conspiracy, Infrastructure, Trespass
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Mississippi
HB 1243: New Penalties for Protests Near Critical Infrastructure
Creates new potential penalties for protests near oil or gas pipelines and other infrastructure facilities, including those under construction. The law establishes two new offenses: "critical infrastructure trespass," and "impeding critical infrastructure." Critical infrastructure trespass is defined in the law as knowingly entering onto infrastructure property without authorization or not leaving once notified to depart; the offense is a misdemeanor punishable by up to one year in jail and a fine of $1,000. "Impeding" critical infrastructure is defined to include "preventing legal access to" a critical infrastructure property or construction site. Under the law, such impediment is punishable by 7 years in prison and a $10,000 fine if the impediment results in $1,000 worth of damage or economic loss. If the damage or loss is less than $1,000, the offense is punishable by six months' imprisonment and a $1,000 fine. The law also provides that an organization "that aids, abets, solicits, compensates, hires, conspires with, commands or procures" someone to impede critical infrastructure is subject to a $100,000 fine and liable for a civil action by the infrastructure facility. "Critical infrastructure facility" is broadly defined and among many other things includes oil and gas pipelines, refineries, water treatment plants, cell phone towers, and railroad tracks-as well as "[a]ny site where the construction or improvement of any [referenced] facility... is ongoing." (See full text of bill here)
Status: enacted
Introduced 19 Feb 2020; Approved by House 4 March 2020; Approved by Senate 15 June 2020; Signed by Governor 25 June 2020.
Issue(s): Conspiracy, Infrastructure, Trespass
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South Dakota
SB 151: New penalties for protests near pipelines and other infrastructure
Heightens potential penalties for protests near oil and gas pipelines and other infrastructure. Under the law, knowingly trespassing on property containing a critical infrastructure facility is a misdemeanor punishable by a year in prison and a $2,000 fine. Knowingly tampering with any property and as a direct result interfering, inhibiting, or impeding the maintenance or construction of a critical infrastructure facility is a felony punishable by two years in prison and/or a $4,000 fine. A person or organization found to be a "conspirator" in any of the above offenses faces a range of criminal fines. Any owner, lessee, or operator of any critical infrastructure facility where a crime is committed under one of the above provisions is designated a "victim" under South Dakota law, which entitles them to restitution and other victims' rights. As such, a company that owns a critical infrastructure facility can seek restitution from an individual protester convicted of any of the above provisions, as well as from any person or entity found to be a "conspirator." (See full text of bill here)
Status: enacted
Introduced 4 Feb 2020; Approved by Senate 27 February 2020; Approved by House 9 March 2020; Signed by Governor March 18 2020
Issue(s): Conspiracy, Infrastructure, Trespass
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West Virginia
HB 4615: New penalties for protests near gas and oil pipelines
Heightens potential penalties for protests near oil and gas pipelines and other infrastructure. Under the law, knowingly trespassing on property containing a critical infrastructure facility is punishable by a year in jail and a $500 fine. Criminal trespass on critical infrastructure property with intent to "vandalize, deface, tamper with equipment, or impede or inhibit operations" of the facility is a felony punishable by up to three years in prison and a $1,000 fine. Actually vandalizing, defacing, or tampering with the facility--regardless of actual damage--is a felony punishable by 5 years in prison and a $2,000 fine. An individual convicted of any of the offenses, and any entity that "compensates, provides consideration to or remunerates" a person for committing the offenses, is also civilly liable for any damage sustained. An organization or person found to have "conspired" to commit any of the offenses--regardless of whether they were committed--is subject to a criminal fine. The law newly defines "critical infrastructure facility" under West Virginia law to include a range of oil, gas, electric, water, telecommunications, and railroad facilities that are fenced off or posted with signs indicating that entry is prohibited. (See full text of bill here)
Status: enacted
Introduced 30 Jan 2020; Approved by House 13 February 2020; Approved by Senate 7 March 2020; Signed by Governor Justice 25 March 2020
Issue(s): Conspiracy, Infrastructure, Trespass
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