S.22.1-24: F.U. Rioters Act (Passed)

[Mr. Reactionary]

F.U.RIOTERS ACT

TITLE I: NAME AND ENACTMENT

1. This act shall be referred to as the Fighting Useless Rioters Act or the F.U. Rioters Act.

2. Unless otherwise stated herein, the provisions of this act shall take effect immediately.

TITLE II: DEFINTIONS

1. As used in this act the following terms are defined as such:
“Conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for law enforcement, emergency services, other first responders, or homeland security personnel.

“Conditions arising from the riot” means civil unrest, power outages, curfews, or a reduction in the presence of or response time for law enforcement, emergency services, other first responders, or homeland security personnel.

“Memorial” means a plaque, marker, statue, monument, obelisk, marker, flag, banner, cenotaph, relief, engraving, stained-glass window, religious symbol, painting, seal, tombstone, cannon, sign, structure name, or display that is constructed and located with the intent of being permanently displayed or perpetually maintained; is dedicated to a historical person, an entity, an event, or a series of events;  and honors or recounts the military service of any past or present military personnel, or the past or present public service or historical significance of a resident of the geographical area comprising the State or the Region or Atlasia.

TITLE III: RIOTING

1. A person who participates in a public disturbance involving an assembly of three (3) or more persons acting with a common intent to mutually assist each other in:

A. disorderly and violent conduct resulting in injury or damage to another person or property;

B. creating a clear and present danger of injury or damage to another person or property; or

C. by force, or threat of force, endangering the safe movement of a person or vehicle traveling on a public street, highway, road, trail, sidewalk, or parking area,

is guilty of rioting. Rioting is a felony and shall be punishable by imprisonment for no less than six (6) months and no more than five (5) years and a fine of not more than $100,000. A person arrested for a violation of this paragraph shall be held in custody until brought before the court for a bail hearing. At such hearing the court shall determine if permitting bail presents a probable risk of future rioting or civil disturbance.

2. A person who willfully incites or encourages another to imminently or at a specific time participate in a riot, resulting in a riot, civil disturbance, or a clear and present danger of a riot or civil disturbance, is guilty of inciting a riot. Inciting a riot is a felony and shall be punishable by imprisonment for no less than six (6) months and no more than five (5) years and a fine of not more than $100,000. A person arrested for a violation of this paragraph shall be held in custody until brought before the court for a bail hearing. At such hearing the court shall determine if permitting bail presents a probable risk of future rioting or civil disturbance.

3. If three (3) or more persons meet together to commit a breach of the peace, or to do any other unlawful act, each of them is guilty of participating in an unlawful assembly. Participating in an unlawful assembly is a misdemeanor and shall be punishable by imprisonment for no more than (6) months and a fine of not more than $10,000. A person arrested for a violation of this paragraph shall be held in custody until brought before the court for a bail hearing. At such hearing the court shall determine if permitting bail presents a probable risk of future rioting or civil disturbance.

4. A person who, assembled with two (2) or more other persons and acting with a common intent, compels or induces, or attempts to compel or induce, another person by force, or threat of force, to do any act or to assume or abandon a particular viewpoint is guilty of mob intimidation. Mob intimidation is a misdemeanor and shall be punishable by imprisonment for no more than (6) months and a fine of not more than $10,000. A person arrested for a violation of this paragraph shall be held in custody until brought before the court for a bail hearing. At such hearing the court shall determine if permitting bail presents a probable risk of future rioting or civil disturbance.

5. A person who, being in another State, Region, or country, travels to another State within the Southern Region for the purpose of participating in a riot, incitement of a riot, unlawful assembly, or mob intimidation shall be guilty of a separate felony punishable by imprisonment for no more than (6) months and a fine of not more than $10,000. A person arrested for a violation of this paragraph shall be held in custody until brought before the court for a bail hearing. At such hearing the court shall determine if permitting bail presents a probable risk of future rioting or civil disturbance.

TITLE IV: CRIMES COMMITTED DURING RIOTS

1. A person who assaults another person in furtherance of a riot commits a misdemeanor punishable by imprisonment for no more than 60 days and a fine of not more than $1,000.

2. A person who commits a battery in furtherance of a riot commits a felony, punishable by imprisonment for no more than (6) months and a fine of not more than $10,000.

3. A person who commits a battery on a law enforcement officer, emergency services personnel, other first responder, or homeland security personnel in furtherance of a riot commits a felony, punishable by imprisonment for no more than (9) months and a fine of not more than $10,000. A person arrested for a violation of this paragraph shall be held in custody until brought before the court for a bail hearing. At such hearing the court shall determine if permitting bail presents a probable risk of future rioting or civil disturbance.

4. A person who commits a burglary during a riot and the perpetration of the burglary is facilitated by conditions arising from the riot; or within a locality that is subject to a state of emergency after the declaration of emergency is made and the perpetration of the burglary is facilitated by conditions arising from the emergency, the burglary shall be considered a separate felony punishable by imprisonment for no more than (6) months and a fine of not more than $10,000 along with restitution. A person arrested for a violation of this paragraph shall be held in custody until brought before the court for a bail hearing. At such hearing the court shall determine if permitting bail presents a probable risk of future rioting or civil disturbance.

5. A person who commits theft during a riot and the perpetration of the theft is facilitated by conditions arising from the riot; or within a locality that is subject to a state of emergency after the declaration of emergency is made and the perpetration of the theft is facilitated by conditions arising from the emergency, the theft shall be considered a separate misdemeanor punishable by imprisonment for no more than (3) months and a fine of not more than $1,000 along with restitution.

6. A person who willfully damages or destroys law enforcement equipment, firefighting equipment, emergency services’ equipment, or other first responders’ equipment, or who willfully obstructs a fire hydrant or other firefighting apparatus during a civil disturbance is guilty of criminal assholery. Criminal assholery is a felony and shall be punishable by imprisonment for one (1) year and a fine of $10,000 along with restitution.

TITLE V: FREEDOM OF MOVEMENT

1. A person who intentionally or willfully obstructs the free, convenient, and normal use of a any public street, highway, road, trail, sidewalk, or parking area by blocking, impeding, hindering, stifling, or restraining traffic or passage thereon, by standing or remaining on the street, highway, or road or approaching motor vehicles thereon, or by endangering the safe movement of vehicles or pedestrians traveling thereon is guilty of obstructing the freedom of movement. Obstructing freedom of movement is a misdemeanor and shall be punishable by imprisonment for no more than (1) year and a fine of not more than $10,000. A violation of this paragraph against a law enforcement, firefighting, emergency services, or other first responder vehicle shall receive the maximum punishment allowed herein, provide that such vehicle had its emergency lights illuminated at the time of the violation.  

2. A person arrested for a violation of this title who committed such obstruction during a riot shall be held in custody until brought before the court for a bail hearing. At such hearing the court shall determine if permitting bail presents a probable risk of future rioting or civil disturbance.

TITLE VI. VANDALISM AND DESECRATION

1. Any person who, without the consent of the owner thereof, willfully and maliciously defaces, injures, or otherwise damages by any means a memorial and the value of the damage to the memorial is greater than $100 is guilty of heinous vandalism. Heinous vandalism is a felony punishable by imprisonment for no less than (6) months and no more than one (1) year and a fine of not more than $25,000. A violation of this paragraph during a riot or unlawful assembly shall receive the maximum punishment allowed herein. A court shall order any person convicted of violating this paragraph to provide a written apology and pay restitution, which shall include the full cost of repair or replacement of such memorial.

2. Any person who, without the consent of the owner thereof, willfully and maliciously destroys or demolishes any memorial, or pulls down a memorial is guilty of heinous desecration. Heinous desecration is a felony punishable by imprisonment for no less than (1) year and no more than five (5) years and a fine of not more than $100,000. A violation of this paragraph during a riot or unlawful assembly shall receive the maximum punishment allowed herein.  A court shall order any person convicted of violating this paragraph to provide a written apology and pay restitution, which shall include the full cost of repair or replacement of such memorial.

3. Any person who, willfully and knowingly destroys, mutilates, defaces, injures, or removes any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure or thing placed or designed for a memorial of the dead, or any fence, railing, curb, or other thing intended for the protection or ornamentation of the aforementioned objects is guilty of ghoulish desecration. Ghoulish desecration is a felony punishable by imprisonment for no less than (1) year and no more than five (5) years and a fine of not more than $100,000. A violation of this paragraph during a riot or unlawful assembly shall receive the maximum punishment allowed herein.  A violation of this paragraph in which a person willfully and knowingly excavates, exposes, moves, removes, or otherwise disturbs the contents of a grave or tomb shall receive the maximum punishment allowed herein. A court shall order any person convicted of violating this paragraph to provide a written apology and pay restitution, which shall include the full cost of repair or replacement of any damages.

TITLE VII: SOROS-OWNED POLITICIANS

1. An elected official, prosecutor, or governing body, of a State or locality within the Southern Region that intentionally obstructs or interferes with the ability of a law enforcement agency to provide reasonable law enforcement protection during a riot or unlawful assembly is civilly liable for any damages, including damages arising from personal injury, wrongful death, or property damage, proximately caused by the agency’s failure to provide reasonable law enforcement protection during a riot or unlawful assembly. Sovereign immunity of the locality shall be waived in such a scenario.

TITLE VIII: IMMUNITY

1. In a criminal prosecution for a crime of violence or property damage resulting from a vehicle striking a pedestrian, it is an affirmative defense that such crime arose from injury or damage sustained by a participant acting in furtherance of a riot, unlawful assembly, mob intimidation, obstruction of freedom of movement, heinous vandalism, heinous desecration, or ghoulish desecration. The affirmative defense authorized by this paragraph shall be established by evidence that the charged person attempted in good-faith to avoid the injured or damaged person or property and that the injured or damaged person was a participant in such abovementioned crimes by clear and convincing evidence.

2. In a civil action for damages for personal injury, wrongful death, or property damage, it is an affirmative defense that such action arose from injury or damage sustained by a participant acting in furtherance of a riot, unlawful assembly, mob intimidation, criminal assholery, obstruction of freedom of movement, heinous vandalism, heinous desecration, or ghoulish desecration. The affirmative defense authorized by this paragraph shall be established by evidence that the plaintiff was a participant in such crime by preponderance of the evidence.

Sponsor: Governor LT

[Mr. Reactionary]

This bill sets uniform penalties for rioting, ensures that violent rioters be subject to a bail hearing, increases penalties for various crimes committed during a riot, criminalizes blocking the free movement of citizens, sets penalties for heinous vandalism and desecration, penalizes localities that refuse to stop riots, and clarifies immunity for when crazed violent lunatic rioters jump in front of your car. Based on the IRL Florida bill.

[Mr. Reactionary]

I move for a final vote on this bill. 24 hours for objections.

[Mr. Reactionary]

A final vote on this bill is now open for 72 hours, or until 24 hours after this has enough votes to pass or fail, or until everybody votes, whichever occurs soonest.

[Mr. Reactionary]

Aye

[reagente]

Aye

[President Punxsutawney Phil]

I'm reluctantly voting Aye on this bill, though there are parts of this bill I don't like at all.
Aye

[UlmerFudd]

Aye

[Mr. Reactionary]

This has enough votes to pass. 24 hour warning.

[Mr. Reactionary]

This bill passes 4-0-1 and now awaits Gubernatorial action.

F.U.RIOTERS ACT

TITLE I: NAME AND ENACTMENT

1. This act shall be referred to as the Fighting Useless Rioters Act or the F.U. Rioters Act.

2. Unless otherwise stated herein, the provisions of this act shall take effect immediately.

TITLE II: DEFINTIONS

1. As used in this act the following terms are defined as such:
“Conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for law enforcement, emergency services, other first responders, or homeland security personnel.

“Conditions arising from the riot” means civil unrest, power outages, curfews, or a reduction in the presence of or response time for law enforcement, emergency services, other first responders, or homeland security personnel.

“Memorial” means a plaque, marker, statue, monument, obelisk, marker, flag, banner, cenotaph, relief, engraving, stained-glass window, religious symbol, painting, seal, tombstone, cannon, sign, structure name, or display that is constructed and located with the intent of being permanently displayed or perpetually maintained; is dedicated to a historical person, an entity, an event, or a series of events;  and honors or recounts the military service of any past or present military personnel, or the past or present public service or historical significance of a resident of the geographical area comprising the State or the Region or Atlasia.

TITLE III: RIOTING

1. A person who participates in a public disturbance involving an assembly of three (3) or more persons acting with a common intent to mutually assist each other in:

A. disorderly and violent conduct resulting in injury or damage to another person or property;

B. creating a clear and present danger of injury or damage to another person or property; or

C. by force, or threat of force, endangering the safe movement of a person or vehicle traveling on a public street, highway, road, trail, sidewalk, or parking area,

is guilty of rioting. Rioting is a felony and shall be punishable by imprisonment for no less than six (6) months and no more than five (5) years and a fine of not more than $100,000. A person arrested for a violation of this paragraph shall be held in custody until brought before the court for a bail hearing. At such hearing the court shall determine if permitting bail presents a probable risk of future rioting or civil disturbance.

2. A person who willfully incites or encourages another to imminently or at a specific time participate in a riot, resulting in a riot, civil disturbance, or a clear and present danger of a riot or civil disturbance, is guilty of inciting a riot. Inciting a riot is a felony and shall be punishable by imprisonment for no less than six (6) months and no more than five (5) years and a fine of not more than $100,000. A person arrested for a violation of this paragraph shall be held in custody until brought before the court for a bail hearing. At such hearing the court shall determine if permitting bail presents a probable risk of future rioting or civil disturbance.

3. If three (3) or more persons meet together to commit a breach of the peace, or to do any other unlawful act, each of them is guilty of participating in an unlawful assembly. Participating in an unlawful assembly is a misdemeanor and shall be punishable by imprisonment for no more than (6) months and a fine of not more than $10,000. A person arrested for a violation of this paragraph shall be held in custody until brought before the court for a bail hearing. At such hearing the court shall determine if permitting bail presents a probable risk of future rioting or civil disturbance.

4. A person who, assembled with two (2) or more other persons and acting with a common intent, compels or induces, or attempts to compel or induce, another person by force, or threat of force, to do any act or to assume or abandon a particular viewpoint is guilty of mob intimidation. Mob intimidation is a misdemeanor and shall be punishable by imprisonment for no more than (6) months and a fine of not more than $10,000. A person arrested for a violation of this paragraph shall be held in custody until brought before the court for a bail hearing. At such hearing the court shall determine if permitting bail presents a probable risk of future rioting or civil disturbance.

5. A person who, being in another State, Region, or country, travels to another State within the Southern Region for the purpose of participating in a riot, incitement of a riot, unlawful assembly, or mob intimidation shall be guilty of a separate felony punishable by imprisonment for no more than (6) months and a fine of not more than $10,000. A person arrested for a violation of this paragraph shall be held in custody until brought before the court for a bail hearing. At such hearing the court shall determine if permitting bail presents a probable risk of future rioting or civil disturbance.

TITLE IV: CRIMES COMMITTED DURING RIOTS

1. A person who assaults another person in furtherance of a riot commits a misdemeanor punishable by imprisonment for no more than 60 days and a fine of not more than $1,000.

2. A person who commits a battery in furtherance of a riot commits a felony, punishable by imprisonment for no more than (6) months and a fine of not more than $10,000.

3. A person who commits a battery on a law enforcement officer, emergency services personnel, other first responder, or homeland security personnel in furtherance of a riot commits a felony, punishable by imprisonment for no more than (9) months and a fine of not more than $10,000. A person arrested for a violation of this paragraph shall be held in custody until brought before the court for a bail hearing. At such hearing the court shall determine if permitting bail presents a probable risk of future rioting or civil disturbance.

4. A person who commits a burglary during a riot and the perpetration of the burglary is facilitated by conditions arising from the riot; or within a locality that is subject to a state of emergency after the declaration of emergency is made and the perpetration of the burglary is facilitated by conditions arising from the emergency, the burglary shall be considered a separate felony punishable by imprisonment for no more than (6) months and a fine of not more than $10,000 along with restitution. A person arrested for a violation of this paragraph shall be held in custody until brought before the court for a bail hearing. At such hearing the court shall determine if permitting bail presents a probable risk of future rioting or civil disturbance.

5. A person who commits theft during a riot and the perpetration of the theft is facilitated by conditions arising from the riot; or within a locality that is subject to a state of emergency after the declaration of emergency is made and the perpetration of the theft is facilitated by conditions arising from the emergency, the theft shall be considered a separate misdemeanor punishable by imprisonment for no more than (3) months and a fine of not more than $1,000 along with restitution.

6. A person who willfully damages or destroys law enforcement equipment, firefighting equipment, emergency services’ equipment, or other first responders’ equipment, or who willfully obstructs a fire hydrant or other firefighting apparatus during a civil disturbance is guilty of criminal assholery. Criminal assholery is a felony and shall be punishable by imprisonment for one (1) year and a fine of $10,000 along with restitution.

TITLE V: FREEDOM OF MOVEMENT

1. A person who intentionally or willfully obstructs the free, convenient, and normal use of a any public street, highway, road, trail, sidewalk, or parking area by blocking, impeding, hindering, stifling, or restraining traffic or passage thereon, by standing or remaining on the street, highway, or road or approaching motor vehicles thereon, or by endangering the safe movement of vehicles or pedestrians traveling thereon is guilty of obstructing the freedom of movement. Obstructing freedom of movement is a misdemeanor and shall be punishable by imprisonment for no more than (1) year and a fine of not more than $10,000. A violation of this paragraph against a law enforcement, firefighting, emergency services, or other first responder vehicle shall receive the maximum punishment allowed herein, provide that such vehicle had its emergency lights illuminated at the time of the violation. 

2. A person arrested for a violation of this title who committed such obstruction during a riot shall be held in custody until brought before the court for a bail hearing. At such hearing the court shall determine if permitting bail presents a probable risk of future rioting or civil disturbance.

TITLE VI. VANDALISM AND DESECRATION

1. Any person who, without the consent of the owner thereof, willfully and maliciously defaces, injures, or otherwise damages by any means a memorial and the value of the damage to the memorial is greater than $100 is guilty of heinous vandalism. Heinous vandalism is a felony punishable by imprisonment for no less than (6) months and no more than one (1) year and a fine of not more than $25,000. A violation of this paragraph during a riot or unlawful assembly shall receive the maximum punishment allowed herein. A court shall order any person convicted of violating this paragraph to provide a written apology and pay restitution, which shall include the full cost of repair or replacement of such memorial.

2. Any person who, without the consent of the owner thereof, willfully and maliciously destroys or demolishes any memorial, or pulls down a memorial is guilty of heinous desecration. Heinous desecration is a felony punishable by imprisonment for no less than (1) year and no more than five (5) years and a fine of not more than $100,000. A violation of this paragraph during a riot or unlawful assembly shall receive the maximum punishment allowed herein.  A court shall order any person convicted of violating this paragraph to provide a written apology and pay restitution, which shall include the full cost of repair or replacement of such memorial.

3. Any person who, willfully and knowingly destroys, mutilates, defaces, injures, or removes any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure or thing placed or designed for a memorial of the dead, or any fence, railing, curb, or other thing intended for the protection or ornamentation of the aforementioned objects is guilty of ghoulish desecration. Ghoulish desecration is a felony punishable by imprisonment for no less than (1) year and no more than five (5) years and a fine of not more than $100,000. A violation of this paragraph during a riot or unlawful assembly shall receive the maximum punishment allowed herein.  A violation of this paragraph in which a person willfully and knowingly excavates, exposes, moves, removes, or otherwise disturbs the contents of a grave or tomb shall receive the maximum punishment allowed herein. A court shall order any person convicted of violating this paragraph to provide a written apology and pay restitution, which shall include the full cost of repair or replacement of any damages.

TITLE VII: SOROS-OWNED POLITICIANS

1. An elected official, prosecutor, or governing body, of a State or locality within the Southern Region that intentionally obstructs or interferes with the ability of a law enforcement agency to provide reasonable law enforcement protection during a riot or unlawful assembly is civilly liable for any damages, including damages arising from personal injury, wrongful death, or property damage, proximately caused by the agency’s failure to provide reasonable law enforcement protection during a riot or unlawful assembly. Sovereign immunity of the locality shall be waived in such a scenario.

TITLE VIII: IMMUNITY

1. In a criminal prosecution for a crime of violence or property damage resulting from a vehicle striking a pedestrian, it is an affirmative defense that such crime arose from injury or damage sustained by a participant acting in furtherance of a riot, unlawful assembly, mob intimidation, obstruction of freedom of movement, heinous vandalism, heinous desecration, or ghoulish desecration. The affirmative defense authorized by this paragraph shall be established by evidence that the charged person attempted in good-faith to avoid the injured or damaged person or property and that the injured or damaged person was a participant in such abovementioned crimes by clear and convincing evidence.

2. In a civil action for damages for personal injury, wrongful death, or property damage, it is an affirmative defense that such action arose from injury or damage sustained by a participant acting in furtherance of a riot, unlawful assembly, mob intimidation, criminal assholery, obstruction of freedom of movement, heinous vandalism, heinous desecration, or ghoulish desecration. The affirmative defense authorized by this paragraph shall be established by evidence that the plaintiff was a participant in such crime by preponderance of the evidence.