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

SB 2044: Heightened penalties for #protests near #CriticalInfrastructure

Enhances potential penalties for individuals who protest near existing and planned gas and oil #pipelines by criminalizing acts that interrupt or interfere with critical infrastructure facilities. In addition to prohibiting actual tampering with critical infrastructure property and equipment, the law prohibits "interfering, inhibiting, impeding, or preventing the construction or repair" of a critical infrastructure facility. Further, the law expands the definition of "critical infrastructure facility" to include a "site or location designated or approved for the construction of a facility" such as an oil or gas pipeline. Intentional interruption of a critical infrastructure facility, including by interfering with pipeline construction, is a Class C felony under the law, subject to a penalty of five years' imprisonment, a fine of $10,000, or both. The law also creates organizational liability for such acts: An organization found to have "conspired" with an individual who committed the interference could be criminally liable for ten times the fee imposed on the individual, or up to $100,000.

Status: enacted

Introduced 3 Jan 2019; Approved by Senate 15 Feb 2019; Approved by House 25 March 2019; Signed by Governor Burgum 10 April 2019

Issue(s): Protest Supporters or Funders, Infrastructure

HB 1426: Heightened penalties for #riot offences

Increases the penalties imposed for riot offenses. Under the law, participation in a riot is a Class A rather than Class B misdemeanor, punishable by up to one year in prison and a $3,000 fine. Engaging in a riot involving more than 100 people is made a Class B felony, subject to 10 years in prison and a $20,000 fine.

Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-8158-02000.pdf

Status: enacted

Introduced 16 Jan 2017; Governor Burgum signed the law on 23 Feb 2017

Issue(s): Riot

HB 1293: Expanded scope of criminal trespass

Expands the scope of criminal trespass activity under state law such that it could encompass protests, demonstrations, or other gatherings on private property, if notice against trespass is "clear from the circumstances." The offense could be punishable by up to 30 days in jail and a $1,500 fine. The law also creates an additional, noncriminal trespass offense and allows officers to issue a citation with a $250 fine for trespassing. The law was part of a package of legislation introduced in response to the #DakotaAccessPipeline protests.

Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-0650-04000.pdf

Status: enacted

Introduced 12 Jan 2017; Signed by Governor Burgum 23 Feb 2017

Issue(s): Trespass

HB 1304: New penalties for protesters who conceal their identity

Prohibits the wearing of #masks, #hoods, or other device that "conceals any portion" of an individual's face while committing a criminal offense, in order to avoid recognition or identification. As drafted, the offense could encompass, e.g., individuals wearing hooded clothing while participating in a protest and also committing a minor offense such as jaywalking. Under the law, commission of the offense comprises a Class A misdemeanor, punishable by up to one year in jail and a $3,000 fine.

Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-0311-04000.pdf

Status: enacted

Introduced 12 Jan 2017; Governor Burgum signed it 23 Feb 2017

Issue(s): Face Covering

HB 1226: New criminal penalties for masked protesters

Would create a new criminal offense that could cover peaceful protesters who choose to wear a mask. The bill would make it a Class A misdemeanor, punishable by up to one year in jail and $3,000, to wear a mask “with intent to conceal the identity” of the wearer while “congregating in a public place with any other individual wearing a mask, hood, or other device that covers, hides, or conceals any portion of the individual’s face.” The bill exempts public gatherings to celebrate “Halloween, a masquerade, or other similar celebration,” but does not include exemptions for masks worn during protests, or for health, religious, or other reasons. As written, the bill could cover a protester wearing a mask to avoid retaliation for their political speech, if there were any other individual in the crowd also wearing a mask—for instance, a medical mask to avoid spreading or contracting a contagious disease.

Full text of bill:
https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo1226.html?bill_year=2025&bill_number=1226

Status: pending

Introduced 13 Jan 2025; Approved by House 10 February 2025

Issue(s): Face Covering

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

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

HB 237: Heightened penalties for street #protesters and #MaskedProtesters

Increases penalties for protesters who block #traffic and for masked protesters who break any law. The law makes it a Class A1 misdemeanor, punishable by up to 150 days in jail and a fine, to willfully impede traffic while participating in a demonstration on a street or highway. Second and subsequent offenses would be a Class H felony, punishable by up to 25 months in prison. Under the law, “organizers” of street protests can be held civilly liable for any injury resulting from delays caused by the obstruction of an emergency vehicle. The law does not define “organizer,” such that anyone involved in the planning of a protest might be covered, nor does it require that the “organizer” have any intent or knowledge that an emergency vehicle would be obstructed. Additionally, the law narrows the health-related exception to North Carolina’s ban on wearing masks in public, requiring that a mask worn for health or safety reasons must be a “medical or surgical grade” mask worn “to prevent[] the spread of contagious disease.” The law broadens the authority of law enforcement and third parties to require someone to remove their masks in such cases. Under the law, someone convicted of any offense, including nonviolent protest-related offenses, can face steeper punishment if they were wearing a mask or other face covering at the time, regardless of the reason for doing so. The bill’s sponsor cited recent #ProPalestine protests on college campuses, in which some protesters have worn masks.

Full text of bill:
https://www.ncleg.gov/BillLookUp/2023/h237

Status: enacted

Introduced 7 May 2024; Approved by Senate 15 May 2024; Approved by House 11 June 2024; Vetoed by Governor Cooper 21 June 2024; Veto overridden 27 June 2024

Issue(s): Civil Liability, Face Covering, Traffic Interference

HB 40: HEIGHTENED PENALTIES FOR "RIOT" AND RELATED OFFENSES

Increases the penalty for an individual who "incites or urges another to engage in a riot," if a riot occurs and results in $1,500 of property damage or injury. In such a case, the individual is guilty of a Class E felony, punishable by more than two years in prison, even if they did not personally cause any damage or injury. Under the law, an individual convicted of "riot" or incitement offenses is also civilly liable to anyone whose property or person was damaged by the riot, in the amount of three times the actual damage in addition to court costs and attorney’s fees. Preexisting North Carolina law defines riot to include a "public disturbance" by a group of three or more people that presents an "imminent threat of disorderly and violent conduct," resulting in a "clear and present danger" of property damage or injury. Under this definition, no violence or damage need occur for participants in a gathering to be arrested for and charged with "riot." While the new law would add a limitation requiring an “overt act” in order for someone to be convicted of a #riot or incitement to riot offense, that requirement could be read broadly to include #PeacefulChanting or #marching with a crowd that is deemed to be a “riot.” Finally, the law requires that a judge, rather than another judicial official, determine the pretrial release of an individual charged with a riot offense. The judge may hold the individual for 24 hours, and may require that they stay away from places where the "riot" occurred. The text of HB 40 is nearly identical to the amended version of HB 805 that passed both the North Carolina House and Senate in 2021 before being vetoed by the Governor.

Full text of bill:
https://www.ncleg.gov/BillLookUp/2023/h40

Status: enacted

Introduced 1 Feb 2023; Approved by House 8 February 2023; Approved by Senate 9 March 2023; Became law without Governor Cooper's signature 21 March 2023

Issue(s): Civil Liability, Riot

SB 58: New penalties for protests near #pipelines

Introduces new potential criminal penalties and civil liability for peaceful protests near existing and planned pipelines and other energy infrastructure. The enacted version of the law makes it a Class C felony offense to knowingly and willfully “obstruct, impede, or impair” or “attempt to obstruct, impede, or impair” the services of an energy facility. The law defines “energy facility” to include any facility involved in the transmission of “electricity, fuel, or another form or source of energy,” including facilities that are under construction or otherwise not functioning. As such, a group of people protesting the construction of a fossil fuel pipeline could face more than 15 years in prison and a mandatory $250,000 fine if they impede or impair the construction of a pipeline, for instance by blocking workers’ access to the pipeline construction site. Under the law, such protesters, along with anyone who “aides or abets, solicits, conspires, or lends material support” to their act of impeding construction could also be sued in civil court by someone whose property was damaged, for an amount equivalent to three times the actual damage as well as court costs and attorneys' fees.

Full text of bill:
https://www.ncleg.gov/BillLookUp/2023/S58

Status: enacted

Introduced 1 Feb 2023; Approved by Senate 14 March 2023; Approved by House 14 June 2023; Signed by Governor Cooper 19 June 2023

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

SB 300: Heightened penalties for "riot"

**Note: This bill was later amended to remove all riot provisions except the increased penalties** Would increase the penalty for engaging in a "riot," from a Class 1 misdemeanor to a Class H felony, punishable by 25 months in prison. If the "riot" resulted in property damage of over $1,500, or serious injury, anyone deemed to have engaged in the "riot" (regardless of their role in the damage or injury) could be convicted of a Class G felony, punishable by 31 months in prison. The bill would not alter North Carolina's broad definition of "riot," which does not require any actual violence or destructive activity. Under the bill, peaceful protesters in a group of three or more who present an "imminent threat of disorderly and violent conduct" that "creates a clear and present danger" of property damage or injury could face felony convictions and lengthy prison sentences. Note: A later amendment eliminated the proposed increase in penalty for engaging in a "riot." It also eliminated the proposal to make it a Class G felony for engaging in a riot that resulted in property damage over $1,500 or serious bodily injury. Instead, it replaced that proposal by making it a Class G felony if during the course of a riot a person caused over $1,500 in property damage or a Class F felony if the person during the course of a riot caused serious bodily injury or brandished a dangerous weapon or substance. It also clarified that "mere presence alone without an overt act" is not sufficient to sustain a conviction of rioting. (See full text of bill here)

Status: enacted with improvements

Introduced 15 Mar 2021; Approved by Senate 12 May 2021; Approved by House 18 August 2021; Signed by Governor Cooper 2 September 2021

Issue(s): Riot

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