US Protest Law Tracker

The US Protest Law Tracker, part of ICNL’s US Program, follows initiatives at the state and federal level since November 2016 that restrict the right to peaceful assembly. For information about our methodology, click here.

40 states have
considered
128 bills
24 enacted 2 enacted with
improvements
27 pending 75 defeated or
expired

No initiatives
Pending, defeated or expired initiatives
Enacted initiatives

Legislation and executive orders

Latest updates: Jun. 26, 2020 (Mississippi), Jun. 14, 2020 (Louisiana, Massachusetts), Jun. 8, 2020 (New York)
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West Virginia

HB 4615: New penalties for protests near gas and oil pipelines

Would heighten the penalties for protests near oil and gas pipelines and other infrastructure. Under the bill, 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 bill 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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For more information about the Tracker, contact Elly Page at EPage@icnl.org.