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

HB 355: New penalties for protests near gas and oil #pipelines

Creates new potential penalties for protests near gas and oil pipelines and other "critical infrastructure." The law--which was substituted by a Missouri Senate committee for a House bill on sentencing guidelines--heightens the penalties for trespass occurring on critical infrastructure property. Trespass with intent "to damage, destroy, vandalize, deface, [or] tamper with" a facility or intent to "impede or inhibit the operations" of a facility is a Class A misdemeanor, punishable by one year in jail and a $2,000 fine. Protesters seeking to peacefully demonstrate against construction of a new pipeline, for instance, with the intent to disrupt that construction, could be prosecuted under the law. The law also newly criminalizes "damage" to critical infrastructure, broadly defined to include vandalism, and makes it a Class C felony, punishable by 10 years in prison and a $10,000 fine. The law also newly and broadly defines "critical infrastructure" to include oil and gas pipelines, refineries, cell phone towers, and railroad tracks whether operational or under construction.
Full text of bill: https://house.mo.gov/Bill.aspx?bill=HB355&year=2019&code=R

Status: enacted
Introduced 18 Apr 2019; Approved by Senate as amended 17 May 2019; Approved by House 17 May 2019; Signed by Governor Parson on 11 July 2019

Issue(s): Infrastructure, Trespass

HB 1413: Limiting #PublicEmployees' ability to picket

***Note: A Judge of the Circuit Court of St. Louis County found HB 1413 unconstitutional in its entirety and granted a permanent injunction against the enforcement of the law on January 27, 2020. ***

Bars certain public employees from picketing. The law requires that all labor agreements negotiated between a "public body" and a labor organization "shall expressly prohibit all strikes and picketing of any kind." The law further mandates that such agreements provide for the "immediate termination" of "any public employee who...pickets over any personnel matter." "Public body" is broadly defined in the law to include "the state of Missouri, or any officer, agency, department, bureau, division, board or commission of the state, or any other political subdivision or special district of or within the state"; accordingly, the law may apply to many labor agreements. While "picketing" is not defined under the law, Missouri Code elsewhere refers to "picketing or other organized protests" as "constitutionally protected activity," indicating that picketing as used in HB 1413 includes protests and demonstrations unrelated to labor strikes.
Full text of bill: https://house.mo.gov/bill.aspx?bill=HB1413&year=2018&code=R

Status: enacted
Introduced 3 Jan 2018; Approved by House 12 February 2018; approved by Senate 16 May 2018; Signed by Governor Greitens 1 June 2018

HB 601: Heightened penalties for #masked #protesters

Would increase the penalty for any offense if committed by someone wearing a mask or other device that concealed their identity. The bill does not require that someone intended to conceal their identity in order to facilitate a crime. The bill also does not provide exemptions for masks worn for medical or any other purpose, nor does it limit the enhanced penalties to violent crimes. As such, a peaceful protester who committed a nonviolent offense while wearing a mask—whether a medical mask to avoid contagion, a mask to avoid retaliation for their political speech, or a mask worn for any other reason—could face steep penalties. For instance, peaceful demonstrators in Missouri may be charged with “disturbing the peace,” a minor misdemeanor, if they make too much noise or obstruct a sidewalk or road in the course of a protest. Under the bill, a masked protester charged with that offense could face up to one year in jail and $2,000 for the first offense and a felony penalties (up to four years in prison and $10,000) for subsequent offenses.
Full text of bill: https://house.mo.gov/Bill.aspx?bill=HB601&year=2025&code=R

Status: pending
Introduced 8 Jan 2025.
Issue(s): Face Covering

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #AntiMaskLaws #HeatherHeyer #UniteTheRight #DrivingDownProtestors

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

SF 1501: Heightened penalties for protesters who block #traffic

Would heighten penalties for protesters who intentionally “interfere with” or “disrupt” traffic that is entering, exiting, or on a freeway or a roadway on airport property. Under the bill, intentional traffic disruption on freeways or airport roadways would be a gross misdemeanor, punishable by up to one year in jail and a $3,000 fine. The relevant provisions are identical to HF 329 / SF 728.
Full text of bill: https://www.revisor.mn.gov/bills/bill.php?b=Senate&f=SF1501&ssn=0&y=2025

Status: pending
Introduced 17 Feb 2025.
Issue(s): #Traffic =Interference

SF 1363: New penalties for pipeline protesters and supporters, and protesters who block traffic

Would create new civil and criminal liability for funders and supporters of protesters who peacefully demonstrate on pipeline or other utility property. Any person or entity that "recruits, trains, aids, advises, hires, counsels, or conspires with" a person who trespasses onto a “critical public service facility, utility, or pipeline” would be civilly liable for any damages committed by the trespasser under the bill. They would also be guilty of a gross misdemeanor, punishable by a fine of up to $3,000, if they fail to make a reasonable effort to prevent the violation. Additionally, the bill would make the person who trespasses onto the critical public service facility, utility, or pipeline strictly liable for civil damages. Similar provisions were introduced as SF 1493 in the 2023-2024 session. The bill would also make it a gross misdemeanor to obstruct traffic on a freeway or on a public road within airport property, with intent of obstructing or otherwise interfering with traffic. As written, the offense could cover protesters who even momentarily delayed cars on a freeway while demonstrating on the side of the freeway or on an overpass. Similar provisions were introduced as SF 1285/HF 1967 in the 2021-2022 session.
Full text of bill: https://www.revisor.mn.gov/bills/bill.php?b=Senate&f=SF1363&ssn=0&y=2025

Status: pending
Introduced 13 Feb 2025.
Issue(s): Civil Liability, #ProtestSupporters or Funders, Infrastructure, Traffic Interference, Trespass

HF 329 / SF 728: Heightened penalties for protesters who block traffic

Would heighten penalties for protesters who intentionally “interfere with” or “disrupt” traffic that is entering, exiting, or on a freeway or a roadway on airport property. Under the bill, intentional traffic disruption on freeways or airport roadways would be a gross misdemeanor, punishable by up to one year in jail and a $3,000 fine. A nearly identical bill was proposed as HF 1967 / SF 1285, introduced in 2021.
Full text of bill: https://www.revisor.mn.gov/bills/bill.php?f=HF329&y=2025&ssn=0&b=house

Status: pending
Introduced 13 Feb 2025.
Issue(s): Traffic Interference

HF 367 / SF 180: New civil liability for street protesters

Would allow third parties or the government to sue protesters if they interfere with traffic on certain public roads. Under the bill, someone who intentionally “interferes with” or “obstructs” passage on any “public highway” would be civilly liable for damages and attorneys fees. Any injured person, private entity, or state or local government could bring such a lawsuit, though the bill provides that the government cannot bring both a civil suit and criminal charges for the same conduct. “Highways” in Minnesota include many two-lane roads with stop signs and stoplights. As such, protesters whose demonstration paused or delayed traffic on certain roads could face costly litigation by, for instance, a company that claimed it was “damaged” by the delay.
Full text of bill:
https://www.revisor.mn.gov/bills/bill.php?b=House&f=HF367&y=2025&ssn=0

Status: pending
Introduced 13 Feb 2025.
Issue(s): Traffic Interference

SF 708: BARRING PUBLIC BENEFITS FOR PROTEST-RELATED OFFENSES

Would broadly disqualify a person convicted of an offense during a protest from receiving #PublicAssistance. Any "offense related to the person's illegal conduct at a protest, demonstration, rally, civil unrest, or march" would disqualify the person from a range of benefits, including #FoodAssistance, education #loans and grants, and #unemployment assistance. Under the bill, a person convicted of even a misdemeanor that is deemed somehow "related" to their participation in a peaceful protest could face permanent disqualification from such benefits. The same bill was introduced as SF 935 in 2023.
Full text of bill: https://www.revisor.mn.gov/bills/bill.php?b=Senate&f=SF0708&ssn=0&y=2025

Status: pending
Introduced 27 Jan 2025.
Issue(s): Limit on Public Benefits

SF 702 / HF 2808: New civil immunity for drivers who hit protesters

Would shield from civil lawsuits drivers who hit street protesters in certain situations. The bill provides that anyone who unlawfully obstructs a roadway cannot sue a driver for any injury, loss, death or damage they suffered if the driver was seeking to “retreat or escape” from the roadway obstruction and believed they were in immediate danger of injury. An identical bill was introduced as SF 5500 in 2024.
Full text of bill: https://www.revisor.mn.gov/bills/bill.php?b=Senate&f=SF0702&ssn=0&y=2025

Status: pending
Introduced 27 Jan 2025.
Issue(s): Driver Immunity

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #HeatherHeyer #UniteTheRight #DrivingDownProtestors

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

HB 737: #Vague ban on #ResidentialProtests

Broadly criminalizes participating in a protest within 50 feet of a residence that “threatens to disrupt, or harasses” an individual’s “right to control or use” their residence. The law does not make exceptions for protests that take place in #PublicParks or on #sidewalks—traditional public forums—that may be within 50 feet of residential buildings. Nor does the law require any intent on the part of protesters to target a specific residence or to harass or disturb specific residents. The law also does not require that a protest actually disrupt an individual's right to use their residence, only that it "threaten" to do so. It is also unclear what would constitute "harassing" an individual's right to use their residence, for the purpose of the law.

Full text of bill:
https://www.legis.la.gov/legis/BillInfo.aspx?s=24RS&b=HB737&sbi=y

Status: enacted

Introduced 18 Mar 2024; Approved by House 9 April 2024; Approved by Senate 20 May 2024; Signed by Governor Landry 18 June 2024

HB 383: Civil immunity for drivers who hit protesters

Limits the civil liability of drivers who injure or kill protesters who were unlawfully in the street. The law provides that if a driver hits someone who was illegally “blocking a roadway,” the driver cannot be sued for any injury, death, or damage if he “reasonably believe[d]” that he was in immediate danger of injury and was trying to “retreat or escape.” The sponsor cited a rise in protests across the country as motivation for the bill.

Full text of bill:
https://www.legis.la.gov/legis/BillInfo.aspx?s=24RS&b=HB383&sbi=y

Status: enacted

Introduced 29 Feb 2024; Approved by House 8 April 2024; Approved by Senate 20 May 2024; Signed by Governor Landry 11 June 2024

Issue(s): #DriverImmunity, #TrafficInterference

HB 205: New #racketeering penalties for protesters

Adds nonviolent protest-related offenses to the underlying crimes that can be prosecuted under Louisiana’s racketeering law, which carries steep penalties. Offenses that are now covered by the racketeering law include “simple #obstruction of a #highway of commerce,” “#riot,” “inciting to riot,” "institutional #vandalism," and “aiding and abetting others to enter or remain on premises where forbidden.” As such, individuals in a protest that merely makes movement on a #highway “more difficult” (a minor misdemeanor offense) 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. Louisiana law defines “riot” broadly, requiring no actual violence or damage but three or more people engaged in a “#PublicDisturbance” that creates a “danger of injury or damage” by an “imminent threat of tumultuous and violent conduct,” so individuals who participate in tumultuous protests could likewise be charged with racketeering. The law also adds “criminal damage to a critical infrastructure” to the racketeering law, such that certain #CivilDisobedience actions near #pipelines and other #infrastructure, including sites under construction, could be covered as well. Racketeering violations are punishable by up to 50 years in #prison with #HardLabor and a one million dollar fine.

Full text of bill:
https://www.legis.la.gov/legis/BillInfo.aspx?i=245811&sbi=y

Status: enacted

Introduced 26 Feb 2024; Approved by House 2 April 2024; Approved by Senate 14 May 2024; Signed by Governor Landry 10 June 2024

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

HB 127: Heightened penalties for #StreetProtesters and organizers

Increases existing penalties for impeding traffic and creates a new offense that could cover individuals who plan or organize protests that would impede traffic. Under prior law in Louisiana, engaging in conduct that makes movement on any road “more difficult” was a misdemeanor, punishable by six months in jail and $200. The law adds an offense of “#conspiracy” or “aiding and abetting” of others to engage in such conduct. As written, the new offense does not require that that the protest or other act actually take place or that it actually impede traffic. The law also increases the fine for both offenses to $750.

Full text of bill:
https://legis.la.gov/legis/BillInfo.aspx?s=24RS&b=HB127&sbi=y

Status: enacted

Introduced 22 Feb 2024; Approved by House 15 April 2024; Approved by Senate 16 May 2024; Signed by Governor Landry 10 June 2024

Issue(s): Protest Supporters or Funders, Traffic Interference

HB 727: NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES

Targets protests around gas and oil #pipelines by expanding the definition of "critical infrastructure" and providing for the offense of "unauthorized entry of a critical infrastructure." Under the law, "critical infrastructure" is amended to include "pipelines," "any site where the construction or improvement of [pipelines or any other listed infrastructure facility] is taking place," as well as "all structures, equipment, or other immovable or movable property located within or upon" such facilities. Unauthorized entry onto critical infrastructure property as defined above is punishable by imprisonment with or without hard labor for up to five years and a fine of $1,000. As originally introduced, the law included a new crime of "conspiracy to engage in unauthorized entry" of a critical infrastructure facility, punishable by imprisonment with or without hard labor for up to five years and a fine of $10,000, such that individuals who only planned to hold a peaceful protest on infrastructure property could be prosecuted. The amended and enacted version of the bill removed the provisions on conspiracy, however. In addition, prior to the law's enactment, provisions were added to mandate that the law would not apply to "[l]awful assembly and peaceful and orderly petition, picketing, or demonstration for the redress of grievances or to express ideas or views regarding legitimate matters of public interest."

Full text of bill:
https://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB727&sbi=y

Status: enacted

Introduced 26 Mar 2018; Approved by House 12 April 2018; Approved by the Senate 8 May 2018; Signed into law by Governor Edwards 30 May 2018

Issue(s): Infrastructure, #Trespass

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #HeatherHeyer #UniteTheRight #DrivingDownProtestors

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

SF 342: Heightened penalties for protesters convicted of "riot," "unlawful assembly," or blocking traffic, and immunity for #drivers who injure them

Introduces felony penalties for the offense of "riot," previously an aggravated misdemeanor, such that the offense is punishable by up to 5 years in prison and $7,500. Preexisting law defines "riot" as a group of three or more people assembled "in a violent manner," at least one of whom uses any unlawful force or violence against another person or causes property damage. The law also converts "unlawful assembly" from a simple to an aggravated misdemeanor. Preexisting law defines "unlawful assembly" as a group of three or more people, any of whom are acting "in a violent manner," and who intend that any of them will commit an offense. Under the law, it is a serious (rather than simple) misdemeanor, punishable by one year in jail and a $1,875 fine, to "obstruct" a sidewalk, street, or "other public way" with the intent to hinder its use by others. If an individual obstructs a sidewalk or street while "present during an unlawful assembly," it is an aggravated misdemeanor, punishable by 2 years in jail and a $6,250 fine. If an individual obstructs a sidewalk or street while "present during a riot," it is a Class D felony, punishable by up to 5 years in prison and a $7,500 fine. Under the law, a driver who injures someone who is participating in a "protest, demonstration, riot, or unlawful assembly," engaging in "disorderly conduct," and blocking traffic, is immune from civil liability as long as the driver was exercising "due care" and the protester did not have a permit to be in the street. The law would also allow law enforcement who experience a physical or other injury while on duty to pursue civil damages from a person, group, or organization. Finally, the law creates a new felony offense for "defacing" public property, "including a monument or statue." The offense, a Class D felony, is punishable by up to 5 years in prison, a $7,500, and mandatory restitution for any property damage. This law was introduced and passed by the Senate as SF 534, but passed by the House as an amendment to SF 342.

Full text of bill:
https://www.legis.iowa.gov/legislation/BillBook?ga=89&ba=SF%20342

Status: enacted

Introduced 1 Mar 2021; Approved by Senate 10 March 2021, Approved by House 14 April 2021, Signed by Governor 16 June 2021

Issue(s): Civil Liability, Protest Supporters or Funders, Driver Immunity, Riot, Traffic Interference

HF 952: Requiring state permission for protests in the capitol and on capitol grounds

Would require organizers to have a government sponsor in order to hold protests in or near the Iowa capitol. Under the bill, organizers cannot hold “events” in capitol buildings or on capitol grounds unless they have a “recommendation” either from a statewide elected official or by both a member of Iowa’s state senate and its house of representatives. The bill would also prohibit the same person from holding more than six “events” per year in or around the capitol. Neither the bill nor the relevant provisions of Iowa law define “events,” such that they could seemingly include public protests and demonstrations. As such, the bill would effectively give elected officials authority to allow or disallow protests near the capitol.

Full text of bill:
https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=HF%20952
Status: pending

Introduced 12 Mar 2025.

HF 25: Heightened penalties for #MaskedProtesters

Would increase the penalty for any offense if committed by someone wearing a mask or other device that concealed their identity for the purpose of facilitating the offense. The bill provides #exemptions for masks worn in a number of contexts, including holiday costumes, medical masks, and “#hood[s]” or other “disguise[s]” worn by members of “a society, order, or organization while engaged in any parade, ritual” or “ceremony.” As such, for instance, members of the #KluKluxKlan would seemingly be exempt from enhanced penalties for illegally blocking traffic while parading in the street wearing hoods. The bill does not exempt masks worn during public protests, nor does it limit the enhanced penalties to violent crimes. Accordingly, a peaceful protester who committed a nonviolent offense while wearing a mask could face steeper penalties. A masked demonstrator engaged in a vigil who failed to disperse after being ordered to do so by police, for instance, could face up to a year in jail, rather than 30 days.

Full text of bill:
https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=hf25

Status: pending

Introduced 14 Jan 2025.

Issue(s): #FaceCovering

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #TrafficInterference #MaskBans #HoodsAreOK #HeatherHeyer #UniteTheRight #DrivingDownProtestors #LimitingProtests #RedTape