US Protest Law Tracker

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.

45 states have
considered
303 bills
45 enacted 23 pending

No initiatives
Pending, defeated or expired initiatives
Enacted initiatives

Legislation

Latest updates: Jun. 18, 2024 (Louisiana, New York), Jun. 13, 2024 (North Carolina), May. 30, 2024 (US Federal)
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4 entries matching in provided filters in 2 states. Clear all filters
Illinois

HB 4746: NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE

Would create a new felony offense that could cover nonviolent protesters 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.

(See full text of bill here)

Status: pending

Introduced 5 Feb 2024.

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

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Illinois

SB 3086: NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE

Would heighten the penalties for protests near oil and gas pipelines and other infrastructure that involve trespassing onto infrastructure property. Under the bill, knowingly entering or remaining on a "critical infrastructure facility" is a Class 4 felony, punishable by 1-3 years in prison and $25,000. Aggravated criminal trespass to a critical infrastructure facility--defined as trespass with "intent to damage, destroy, or tamper with equipment" in the facility--is a Class 3 felony punishable by 2-5 years and $25,000. The bill newly defines "critical infrastructure facility" under Illinois law to include gas and oil pipelines, including those under construction, and a range of pipeline-related facilities, as well as electric, water, telecommunications, and railroad facilities that are fenced off or posted. Nearly identical text was introduced as SB 3814 in the 2022 legislative session, and as SB 1312 in 2023.

(See full text of bill here)

Status: pending

Introduced 2 Feb 2024.

Issue(s): Infrastructure, Trespass

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Illinois

SB 1312 / HB 2362: NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE

Would heighten the penalties for protests near oil and gas pipelines and other infrastructure that involve trespassing onto infrastructure property. Under the bill, knowingly entering or remaining on a "critical infrastructure facility" is a Class 4 felony, punishable by 1-3 years in prison and $25,000. Aggravated criminal trespass to a critical infrastructure facility--defined as trespass with "intent to damage, destroy, or tamper with equipment" in the facility--is a Class 3 felony punishable by 2-5 years and $25,000. The bill newly defines "critical infrastructure facility" under Illinois law to include gas and oil pipelines, including those under construction, and a range of pipeline-related facilities, as well as electric, water, telecommunications, and railroad facilities that are fenced off or posted. Nearly identical text was introduced as SB 3814 in the 2022 legislative session.

(See full text of bill here)

Status: pending

Introduced 6 Feb 2023.

Issue(s): Infrastructure, Trespass

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Louisiana

HB 205: New racketeering penalties for protesters

Would add several protest-related offenses to the underlying crimes that can be prosecuted under Louisiana’s racketeering law, which carries steep penalties. The nine offenses added to the racketeering law under the bill include “riot,” “inciting to riot,” and “criminal damage to historic buildings or landmarks by defacing with graffiti.” Louisiana law defines “riot” broadly, requiring no actual violence or damage but three or more people engaged in a “public disturbance” that creates a “danger of injury or damage” by an “imminent threat of tumultuous and violent conduct.” As such, individuals who participate in tumultuous protests, or who “incite” others to participate in them, could be charged with a violation of Louisiana’s racketeering law if they did so more than once and as part of an enterprise with others. Racketeering violations are punishable by up to 50 years in prison with hard labor and a one million dollar fine. The bill also adds “criminal damage to a critical infrastructure” to the racketeering law, such that certain civil disobedience actions near pipelines and other infrastructure could be covered as well. 

(See full text of bill here)

Status: pending

Introduced 26 Feb 2024; Approved by House 2 April 2024; Approved by Senate 14 May 2024

Issue(s): Protest Supporters or Funders, Infrastructure, Riot

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For more information about the Tracker, contact Elly Page at EPage@icnl.org.