(The Center Square) – Legislation promoted by the North Carolina House speaker to increase penalties for rioting and looting cleared the lower chamber on Wednesday and heads to the Senate for debate.
House Bill 40, sponsored by Speaker Tim Moore, R-Cleveland, cleared two committees earlier in the day before representatives voted 75-43 on the floor to approve the measure with several amendments.
Moore told lawmakers the bill is centered on “cracking down and increasing penalties on violent riots … not free speech,” citing examples including the 2020 riots in Raleigh connected to the death of George Floyd and Jan. 6, 2021, when riots broke out in Washington, D.C.
“This is not about whether you’re left or right, or anything,” he said, adding that the “balanced and measured” bill is intended to preserve the right to protest while protecting citizens and businesses.
HB40, named Prevent Rioting and Civil Disorder, is similar to legislation vetoed by Democratic Gov. Roy Cooper in 2021. Cooper said the 2021 legislation was “unnecessary and is intended to intimidate and deter people from exercising their constitutional rights to peaceful protest.”
One of several amendments adopted on Wednesday added language to clarify that’s not the case: “Nothing in this Act shall be construed as intended to prevent or prohibit an individual’s right to his or her exercise of free speech or the right to peacefully assemble.”
Another adopted amendment, offered by Rep. Carolyn Logan, D-Mecklenburg, tasked the state’s law enforcement agencies with developing model policies for protest response and engagement, and to provide a report to the General Assembly by March 1, 2024.
The bill was further amended to increase proposed penalties for assaults on emergency personnel during a riot, raising the potential prison sentence to three years, three months for an assault; to seven years, four months for an assault causing serious bodily injury; and to 17 years for assault causing death.
Other changes reduced a “cooling off period” judges can hold those charged from 48 hours to 24 hours, and an increase in the threshold for property damage from $1,500 to $2,500.
The bill would impose a maximum sentence of three years, three months in prison for anyone found guilty of brandishing a dangerous weapon or using a dangerous substance during a riot; and up to four years, 11 months in prison for those found guilty of causing property damage in excess of $2,500 or serious bodily injury.
The potential punishment would increase to seven years, four months for those found guilty of causing a death during a riot, or those guilty of inciting a riot that causes more than $2,500 in property damage or serious bodily injury. HB40 would provide for up to 17 years in prison for anyone who “willfully incites or urges another to engage in a riot” resulting in death.
It also allows victims to sue perpetrators of damage or injury for three times the actual damages sustained, as well as court costs and attorneys’ fees.
Numerous Democrats and several civil rights advocates spoke out against the bill Wednesday, arguing existing laws already provide sufficient punishments, the bill would quell free speech, and it unfairly punishes those who incite a riot more than those who actually cause damage.
“I think it’s a bridge too far in terms of its potential to chill” protected speech, said Rep. Renee Price, D-Orange.
Proponents countered that HB40 is targeted specifically at those who take advantage of peaceful protests to loot and pillage, sending the message that the latter won’t be tolerated. Rep. Abe Jones, D-Wake, gave an impassioned speech in support of the bill that highlighted that point, drawing applause from his colleagues.
A total of six Democrats joined with all Republicans present to approve HB40. The chamber is one vote shy of a GOP supermajority capable of overturning a potential gubernatorial veto.
