State by State Pending and recently passed #AntiProtestLaws: #WestVirginia - Part 2

HB 3135: New penalties for #protesters who block #streets and #sidewalks

Would create new penalties for protesters who block streets, sidewalks, and other public passageways. Under the bill, someone who obstructs a highway, street, sidewalk or “other place used for the passage of persons, vehicles, or conveyances,” whether alone or with others, commits a misdemeanor, punishable by at least $500 and one month in jail. A second or subsequent offense would be a felony, punishable by at least $1,000 and at least three months and up to three years in prison. The bill defines “obstruct” to include conduct that makes passage “unreasonably inconvenient.” As such, protesters on a sidewalk who were deemed to have made it “unreasonably inconvenient” for pedestrians to pass could face jail terms. A substantially similar bill was introduced as HB 5446 in 2024.

Full bill text:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=3135&year=2025&sessiontype=RS

Status: pending

Introduced 4 Mar 2025.

Issue(s): Traffic Interference

HB 2757: Potential "#terrorism" charges for #NonviolentProtesters

Would create several new, sweeping “terrorism” offenses that could cover nonviolent protesters. One new offense, “terrorist violent #MassAction,” is defined to include “violent protests” and “riots” that “appear intended” to coerce or intimidate groups, governments, or societies. The bill provides that participation in a “terrorist violent mass action” constitutes an “terrorist act,” and any entity that uses such actions “to advance its agenda” is a “terrorist group.” “Violent protest” is not defined in the bill or elsewhere in the law, nor does the bill require that a person individually commit any act of violence or property damage to be culpable of “terrorist violent mass action.” As such, someone who peacefully participates in a #nonviolent but #rowdy protest where a few individuals commit #PropertyDamage could conceivably face “terrorism” charges. Likewise, a #NonprofitGroup involved in organizing or supporting such a protest “to advance its agenda” could be deemed a “#TerroristOrganization” under the bill. Individuals and organizations not directly involved in such a protest could also face felony “terrorism” charges for providing protesters with “material support”—broadly defined by the bill as “any property, tangible or intangible, or service.” The bill also creates a new felony “terrorism” offense for “actions… taken for political reasons to bar other persons from exercising their freedom of movement, via foot or any other conveyance.” As written, that could cover a large, peaceful march that even temporarily stops traffic. Meanwhile, the bill provides complete immunity for people who “injure perpetrators or supporters of perpetrators” while attempting to “escape” such “terrorism.” This provision would seem to eliminate consequences for acts of violence against protesters by people whose movement has been blocked by a protest, including drivers who hit protesters with their cars. The bill also creates new felony “threatening terrorism” offenses for a person or group that "for political reasons blockades property containing critical infrastructure,” or that “trespasses for political reasons onto property containing critical infrastructure.” As such, nonviolent protesters who block a road to a pipeline or enter onto pipeline property could face “threatening terrorism” charges, punishable by up to 10 years in prison. A nearly identical bill was proposed in 2024 (HB 4994) and 2023 (HB 2916).

Full text of bill:
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=2757&year=2025&sessiontype=RS

Status: pending

Introduced 21 Feb 2025.

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

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

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

HB 2357: New penalties for protests that #BlockTraffic

Would create a new felony offense for protests that block traffic on highways and other busy roadways for more than five minutes. Existing Illinois law already prohibits protests or other assemblies on roadways without a permit or other permission from law enforcement, and requires that such assemblies not obstruct pedestrian or car traffic “in an unreasonable manner;” violations are a Class A misdemeanor offense. Under the bill, blocking “an exceptionally busy public right-of-way” for more than five minutes in a way that prevents “or would prevent” passage of an emergency vehicle, is a Class 4 felony. As written, the felony offense applies regardless of whether an emergency vehicle was actually blocked, or whether the roadway was “exceptionally busy” at the time it was blocked. “Exceptionally busy public right-of-way” is defined as a public road that typically carries at least 24,000 cars daily. The bill would also newly preempt cities and counties from enforcing a more lenient rule related to protests and demonstrations on roadways. The same bill was introduced as HB 5819 during the 2023-2024 session.

Full text of bill: https://www.ilga.gov/legislation/billstatus.asp?DocNum=2357&GAID=18&GA=104&DocTypeID=HB&LegID=160067&SessionID=114

Status: pending

Introduced 4 Feb 2025.

Issue(s): Traffic Interference

HB 1480: NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE

Would create a new felony offense that could cover #NonviolentProtesters at pipeline and other infrastructure sites. Under the bill, someone who knowingly “vandalizes, defaces, tampers with” or damages part of a critical infrastructure facility commits a felony. If the “value of the property” (not the cost of the damage) is less than $500, the offense is a Class 4 felony, punishable by 1-3 years in prison and up to $20,000; if the property value is $500-$10,000, it is a Class 3 felony (2-5 years and $20,000); and if the property value exceeds $10,000, it is a Class 2 felony (3-7 years and $20,000). The bill newly defines "critical infrastructure facility" under Illinois law to include gas and oil #pipelines and a range of pipeline-related facilities, as well as electric, water, telecommunications, railroad, and “health care” facilities, regardless of whether they are fenced off or clearly marked with signs. As such, a protester who chalked or spraypainted a pipeline without damaging its functionality could face felony charges and a lengthy prison sentence if convicted. The bill extends liability to anyone who “conspires with” a person to commit the offense. It also provides that critical infrastructure owners can sue for punitive and compensatory damages. The same bill was introduced as HB 4746 in the 2023-2024 session.

Full bill text: https://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=114&GA=104&DocTypeId=HB&DocNum=1480&GAID=18&LegID=157549&SpecSess=&Session=

Status: pending

Introduced 21 Jan 2025.

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

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