State by State Pending and recently passed #AntiProtestLaws: #Texas

HB 3557: New criminal and civil penalties for protests around #CriticalInfrastructure

Creates new criminal sanctions and expansive civil liability for protests near pipelines and other infrastructure facilities, including those under construction. The law provides for four new criminal offenses. One, "impairing or interrupting operation of critical infrastructure facility," is defined as entering or remaining on facility property and intentionally or knowingly "impair[ing] or interrupt[ing] the operation of" the facility. The act is a state jail felony, punishable by up to two years in jail and a $10,000 fine. This provision could target peaceful protests that, e.g., hinder access to #pipelines or #pipeline construction sites. A second offense, "intent to impair or interrupt critical infrastructure," is defined as entering or remaining on facility property "with the intent to impair or interrupt the operation of the facility." The act is a Class A misdemeanor, punishable by a year in jail and a $4,000 fine. This provision could capture peaceful protests that take place near a pipeline or other infrastructure facility, regardless of whether they actually impair or interrupt the facility's operations. The law also creates two new felony offenses for "damage" and "intent to damage" critical infrastructure. Under the law, an association that is found guilty of any of the offenses around critical infrastructure is subject to a $500,000 fine. The law also creates new civil and vicarious liability for individuals and organizations related to the criminal offenses: A defendant who engages in conduct covered by any of the criminal offenses is civilly liable to the property owner, as is an organization that "knowingly compensates" a person for engaging in the conduct. The property owner may sue for and claim actual damages, court costs, and exemplary damages.

Full text of bill:
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=HB3557

Status: enacted

Introduced 6 Mar 2019; Approved by House 7 May 2019; Approved by Senate 20 May 2019; Signed by Governor Abbott 14 June 2019

Issue(s): Civil Liability, #ProtestSupporters or Funders, Infrastructure

SB 2876: Heightened penalties for protesters who conceal their identity

Would increase criminal penalties that could cover peaceful protesters who choose to wear a mask. Under the bill, a protesters charged with “riot” would face more serious penalties if they were wearing a mask or other face covering with intent to conceal their identity, as compared to someone without a mask. The offense would be a Class A misdemeanor, punishable by up to one year in jail and $4,000, instead of a Class B misdemeanor. The crime of “riot” under Texas law is defined broadly and does not require violence or other unlawful conduct: The offense covers a group of seven demonstrators whose conduct “substantially obstructs law enforcement or other governmental function or services,” or whose “physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.” Under the bill, a protester who chose to wear a mask to avoid #retaliation for their political views could face significant jail time if their #NonviolentProtest was deemed a “#riot.”

Full text of bill:
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB2876

Status: pending

Introduced 14 Mar 2025.

Issue(s): Face Covering, Riot

HB 3061: Heightened penalties for masked protesters

Would increase the penalty for protest-related offenses if committed by someone wearing a mask or other disguise to conceal their identity while “congregating with other individuals who were disguised or masked.” Under the bill, the penalty for trespass, “disorderly conduct,” and “riot” would be one degree more severe if committed by a group in which some individuals wore masks. The bill provides an exemption to the penalty enhancement for masks worn during Halloween, a masquerade ball, or “similar celebration,” but not for avoiding retaliation for political speech. “Disorderly conduct” and “riot” are broadly defined under Texas law. Protesters who make “unreasonable noise” in public, for instance, may be charged with “disorderly conduct”; under the bill, such protesters could face significant jail time rather than a fine if they were masked. “Trespass” in Texas also carries significant penalties if committed on #CollegeCampuses, "critical infrastructure," or other select locations, such that peaceful protesters who trespassed on a college campus could face felony rather than misdemeanor penalties if they were masked to avoid retaliation.

Full text of bill:
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB3061

Status: pending

Introduced 19 Feb 2025.

Issue(s): Campus Protests, Face Covering, Infrastructure, Riot, Trespass

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #SLAPPs #MaskedProtesters #AntiMaskLaws

State by State Pending and recently passed #AntiProtestLaws: #Tennessee

SB 2570 / HB 2031: Heightened penalties for #protesters who block #streets and #highways

Significantly increases the penalty for knowingly or recklessly obstructing a street, highway, “or other place used for the passage of vehicles or conveyances.” Instead of a Class A misdemeanor, as provided by prior law, the offense is now a Class D felony punishable by at least 2 and up to 12 years in prison and a $5,000 fine. As written, the law's felony offense can cover protesters who block a street or make passage "unreasonably inconvenient" even if there are no cars on it. The felony offense can also seemingly apply to protesters who block a driveway or alley, even temporarily. The law also creates a new civil cause of action, such that anyone who knowingly or recklessly blocks a street can additionally be sued for civil damages.

Full text of bill:
https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB2570&GA=113

Status: enacted

Introduced 23 Jan 2024; Approved by Senate 23 April 2024; Approved by House 23 April 2024; Signed by Governor Lee 9 May 2024

Issue(s): Civil Liability, Traffic Interference

SB 451 / HB 881: Mandatory penalties for expanded aggravated riot offense

Expands the definition of "aggravated riot" and creates new mandatory minimum penalties for that offense. To be convicted of "riot" under Tennessee law, a person only needs to knowingly gather with two or more people whose tumultuous and violent conduct creates "grave danger of substantial damage to property or serious bodily injury to persons or substantially obstructs law enforcement or other governmental function." For instance, one could be held guilty of riot for merely joining a large protest in which there is isolated pushing, even if no one is injured. Under preexisting law, a person could be held liable for aggravated riot if they participated in a riot where someone was injured or substantial property damage occurred, even if the person did not commit any violence nor intended violence to occur. Under the law, a person may also be guilty of aggravated riot if they participated in a riot and either participated in exchange for compensation or "traveled from outside the state with the intent to commit a criminal offense." A "criminal offense" could include, for example, temporarily blocking a street as part of a protest. "Aggravated riot" is a Class E felony, which is punishable by up to 6 years in jail and a fine of $3,000; the law also introduces a mandatory minimum of at least 45 days of imprisonment.

Full text of bill:
https://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=SB0451&GA=112

Status: enacted

Introduced 8 Feb 2021; Approved by Senate 11 March 2021; Approved by House 28 April 2021; Signed by Governor 13 May 2021

Issue(s): Riot

HB 8005/SB 8005: Heightened Penalties for "Inconvenient" Protests and #ProtestCamps 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.

Full text of bill:
https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB8005&GA=111

Status: enacted

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

Issue(s): Protest Supporters or Funders, Riot, #TrafficInterference #Camping

SB 264: New penalties for protests near gas and oil pipelines

Creates new potential penalties for protests and demonstrations that "interrupt" or "interfere with" a pipeline or pipeline construction site. The law makes it a Class E felony for an individual to knowingly "destroy, injure, interrupt or interfere with" a #pipeline, pipeline facility, or related infrastructure, including if it is under construction. The offense is a Class E felony, punishable by up to six years in prison and a $3,000 fine. As introduced, the law provided that an individual or organization that causes or "aids" damage or interference would likewise be guilty of a Class E felony, however these provisions were amended out prior to the law's passage.

Full text of bill:
https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB0264&GA=111

Status: enacted

Introduced 29 Jan 2019; Approved by Senate 18 Feb 2019; Approved by House 30 April 2019; Signed by Governor Lee 10 May 2019

Issue(s): #ProtestSupporters or Funders, #Infrastructure

SB 0902: New penalties for protesters who block traffic

Imposes a new fine on any person who intentionally, knowingly, or recklessly obstructs a public highway or street "including in the course of a protest" and in doing so interferes with an emergency vehicle's access to or through the highway or street. "Emergency vehicle" is broadly defined as "any vehicle of a governmental department or public service corporation when responding to an emergency," a police or fire department vehicle, or an ambulance. Unlawful obstruction of a street or highway was already a Class C misdemeanor subject to up to 30 days in jail; the law adds a $200 fine to the penalty. Sponsors made clear that the law was aimed at protests that obstructed highways.

Full text of bill:
https://legiscan.com/TN/text/SB0902/2017

Status: enacted

Introduced 9 Feb 2017; Governor Haslam signed into law 12 April 2017

Issue(s): #TrafficInterference

SB 672 / HB 729: Felony penalties for blocking traffic or pedestrians

Would significantly increase the penalty for “obstructing” streets, sidewalks, and other public passageways, such that demonstrators in a variety of public locations could face felony charges. Current Tennessee law prohibits intentionally, knowingly, or recklessly blocking or making passage “unreasonably inconvenient” on public streets, sidewalks, elevators, aisles, or “any other place” used for passage of people or vehicles. Under the bill, that offense would be a Class E felony, punishable by up to six years in prison, rather than a misdemeanor. As such, demonstrators in a protest that made it “unreasonably inconvenient” for someone to use a sidewalk or access a public building could be arrested and charged with a felony. If protesters blocked or impeded passage on a highway, it would be a Class D felony, punishable by up to 12 years in prison.

Full text of bill:
https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB0672

Status: pending

Introduced 31 Jan 2025.

Issue(s): Traffic Interference

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #SlowMarch #PipelineProtests

State by State Pending and Recently Passed #AntiProtestLaws: #Arkansas

HB 1508: New penalties for #protesters who block #traffic, "#riot", or damage #monuments

As enacted, the law increases the penalty for obstructing a "public passage", from a Class C to a Class A misdemeanor. As such, an individual in a protest that makes a sidewalk "impassable to pedestrian... traffic" could face up to one year in jail. The law also creates a new mandatory minimum sentence of 30 days in jail for "rioting", and requires restitution for any injury or damage as a result of the offense. Rioting is defined in Arkansas to include engaging with two or more persons in "tumultuous" conduct that creates a "substantial risk" of "public alarm." The law requires that a person convicted of inciting a riot likewise pay restitution for any injury or damage as a result of the offense. The law provides that the state Attorney General may initiate an investigation into cases of riot, inciting riot, and obstructing a highway or other public passage. Finally, the law amends the definition of "act of terrorism" under Arkansas law, to include any act that causes "substantial damage" to a public "monument." It is not clear whether graffiti or other painting applied to a monument as part of a protest could comprise a terrorist act under the new law.
Full text of bill: https://www.arkleg.state.ar.us/Bills/Detail?id=HB1508&ddBienniumSession=2021%2F2021R&Search=

Status: enacted

Introduced 22 Feb 2021; Approved by House 19 April 2021; Approved by Senate 22 April 2021; Signed by Governor Hutchinson 29 April 2021

Issue(s): Riot, Terrorism, #TrafficInterference

HB 1321: New penalties for protests near gas and oil pipelines

Introduces harsh new penalties for protestors around gas and oil pipelines and other "critical infrastructure." The law broadly defines "critical infrastructure" to include a range of posted or fenced-off areas associated with natural gas and crude oil production, storage, and distribution, including above and below ground pipelines as well as #pipeline construction sites and equipment. Under the law, purposely entering or remaining on any "#CriticalInfrastructure" is a Class D felony, punishable by up to 6 years in prison and a $10,000 fine. Separately, the law provides that trespassing on property outside of a city or town, regardless of whether it is posted, is a Class D felony if the property is "critical infrastructure." In nearly all other cases, trespass is a misdemeanor or minor violation. The law also creates a felony offense for anyone who purposely and unlawfully "causes damage" to critical infrastructure. Any amount of "damage," which the law does not define is a Class B felony under the law, punishable by 20 years in prison and a $15,000 fine. Under the law, protesters who hold a peaceful sit-in at a pipeline construction site and paint protest slogans on construction material, for instance, could face lengthy prison sentences.

Full text of bill: https://arkleg.state.ar.us/Bills/Detail?id=hb1321&ddBienniumSession=2021%2F2021R&Search=

Status: enacted

Introduced 27 Jan 2021; Approved by House 9 March 2021; Approved by Senate 1 April 2021; Signed by Governor Hutchinson 14 April 2021

Issue(s): Infrastructure, Trespass

HB 1578: Expanded Civil Liability for Those Who Incite a Riot and Criminal Penalties for Obstructing First Responders

Creates a civil cause of action for a person who is injured or has property damaged as a "direct or indirect" result of a "riot" against a person who commits "riot" or a person or entity who incites a riot. Arkansas law defines both "riot" and "incitement" broadly, creating potential liability for protesters or organizations who are interpreted to have urged others to have engaged in tumultuous or violent conduct.

Full text of bill: https://arkleg.state.ar.us/Bills/Detail?id=HB1578&ddBienniumSession=2017%2F2017R

Status: enacted

Introduced 17 Feb 2017; Passed by House 2 March 2017; Passed by Senate 27 March 2017; Signed by Governor 6 April 2017.

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

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #CriminalizingDissent #AntiProtestLaws #CivilWarMonuments #Racism