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

HB 1674: Penalties for #protesters who block #traffic, immunity for drivers who hit protesters, and liability for organizations that work with protesters

**Note: Portions of HB1674 were preliminarily enjoined by a federal district judge on October 27, 2021, temporarily blocking enforcement of the law's 1) penalties for protesters who obstruct traffic, and 2) penalties for organizations that "conspire" with someone who is convicted of certain protest-related offenses.** Creates new penalties for protesters who obstruct traffic while participating in a "riot," and protects drivers who "unintentionally" hit them. Under the law, a person who participated in a "riot" and "obstructed" the "normal use" of a public street or highway, is guilty of a misdemeanor punishable by up to one year in prison, a $5,000 fine, and restitution for any property damage that occurs. The law defines "obstruct" to include rendering the street or highway "unreasonably inconvenient or hazardous" for cars' passage, including by "standing" on the street or highway. "Riot" is broadly defined under existing Oklahoma law, to include a group of three or more people who make "any threat to use force." The new law also shields from liability a driver who injures or kills someone while "fleeing from a riot," as long as they did so "unintentionally," were "exercising due care," and held a "reasonable belief" that they needed to flee to protect themselves. Under the law, such a driver cannot be held civilly or criminally liable for the injuries or death they caused. Finally, the law provides that an organization found to have "conspired" with individuals who are found guilty of certain offenses--including "unlawful assembly," "riot," "incitement to riot," refusing to aid in the arrest of a "rioter," and remaining at the scene of a "riot" after being ordered to disperse--may be fined ten times the maximum amount of fine authorized for the individual's offense.

Read full text:
https://www.oklegislature.gov/BillInfo.aspx?Bill=hb1674&Session=2100

Status: enacted

Introduced 2 Feb 2021; Approved by House 10 March 2021; Approved by Senate 14 April 2021; Signed by Governor Stitt 21 April 2021

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

HB 2095: Racketeering penalties for those involved in "unlawful assemblies"

Adds "unlawful assemblies" to the offenses that can be prosecuted as "#racketeering activity" under Oklahoma's #RICO statute. As a result, an organization or individual found to have "attempted" or "conspired" with individuals to engage in or encourage a protest that is deemed an "unlawful assembly" can be prosecuted under RICO and subject to felony penalties. Oklahoma law broadly defines "unlawful assembly" to include a group of three or more people who gather without lawful authority in a manner "as is adapted to disturb the public peace."

Full text of bill:
https://www.oklegislature.gov/BillInfo.aspx?Bill=hb2095&Session=2200

Status: enacted

Introduced 1 Feb 2021; Approved by House 8 March 2021; Approved by Senate 21 April 2021; Signed by Governor Stitt 28 April 2021

Issue(s): Protest Supporters or Funders

HB 1123: New penalties for protests near #CriticalInfrastructure

Targets protests around certain public facilities by creating a new criminal offense for trespass onto property containing "critical infrastructure." The law's extensive list of "critical infrastructure" facilities ranges from a petroleum refinery to a telephone pole. Willfully entering onto property containing critical infrastructure without permission is a misdemeanor, punishable by up to $1,000 or six month in jail, or both. Evidence of intent to damage or otherwise harm the operations of the infrastructure facility would make the offence a felony, punishable by at least $10,000 (with no maximum provided) or imprisonment for one year, or both; actual damage or vandalizing of the facility is punishable by up to 10 years in prison and a $100,000 fine. Organizations found to have "conspired" with perpetrators are liable for up to $1,000,000. The sponsor of the law told a House of Representatives committee that it was prompted by the #DakotaAccessPipeline protests in North Dakota.

Full text of bill:
https://legiscan.com/OK/text/HB1123/2017

Status: enacted

Introduced 6 Feb 2017; Signed into law 3 May 2017

Issue(s): Protest Supporters or Funders, Infrastructure, Trespass

HB 2128: Heightened penalties for protesters who #trespass onto private property

Increases the potential penalties levied on individuals who protest on private property without permission. The law allows prosecutors to hold anyone arrested for or convicted of trespass liable for any damages to personal or real property caused while# trespassing.

Status: enacted

Introduced 6 Feb 2017; Governor Fallin signed into law 15 May 2017

Issue(s): Trespass

SB 743: Ban on protests that disturb #worshippers

Would make it a serious criminal offense to protest in a way that disturbs people engaged in religious observation. Under the bill, someone who “willfully disturbs, interrupts, or disquiets” a group of “people met for religious worship” commits a misdemeanor punishable by a year in jail and $500, or a felony punishable by two years in prison and $1,000 for subsequent offenses. As written, the bill would seemingly allow anyone who was the target of a protest—for instance, lawmakers at the statehouse—to make a protest illegal simply by starting to pray. The prohibition extends to any unauthorized “protest [or] demonstration” within one mile of the individuals engaged in religious worship. “Disturb” and “disquiet” are not defined by the bill, such that even a #SilentDemonstration that was visible to people engaged in religious worship as far as one mile away could be prohibited. The bill was introduced as a substitute to SB 743 on March 25, 2025.

Full text of bill:
https://www.oklegislature.gov/BillInfo.aspx?Bill=SB743&Session=2500

Status: pending

Introduced 25 Mar 2025; Approved by Senate 27 March 2025

SB 481: Restrictions on #PublicEmployees' ability to protest

Would broadly prohibit public employees from participating in protests during work hours in most situations. Under a committee substitute to the bill introduced on February 25, it would be unlawful for state or local government employees including public school teachers to “speak on or participate in a matter of public concern deemed a matter of larger societal significance” in “an organized form of protest” during their normal working hours. The bill would allow public employees to protest during working hours only if they were using annual leave and if their actions did not create “an undue burden on the employer’s interest in an efficient, disruptive-free workplace”—a vaguely worded condition that employers could abuse to restrict employees' participation in disfavored protests. The bill would also prohibit public employees from using publicly owned computers, transportation, or other equipment for conduct related to participation in protests.

Full text of bill:
https://www.oklegislature.gov/BillInfo.aspx?Bill=sb481&Session=2500

Status: pending

Introduced 25 Feb 2025.

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