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