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