SB 296

Under current law, law enforcement officers have a duty to suppress an

unlawful assembly. Current law defines an “unlawful assembly” as an assembly of

at least three people that causes such a disturbance that it is reasonable to believe

that the assembly could cause injury or property damage if not dispersed. A person

who fails or refuses to withdraw from an unlawful assembly that has been ordered

to disperse is guilty of a Class A misdemeanor.

The bill defines a “riot” as a public disturbance that involves an unlawful

assembly and one of the following:

1. An act of violence by at least one person in the unlawful assembly that

constitutes a clear and present danger of property damage or personal injury or

would result in property damage or personal injury.

2. A threat to commit an act of violence made by at least one person in the

unlawful assembly if there was an ability to immediately execute the threat and if

the threatened act would constitute a clear and present danger of property damage

or personal injury or would result in property damage or personal injury.

3. An act of violence by at least one person in the unlawful assembly that

substantially obstructs law enforcement or another governmental function.

Under the bill, it is a Class A misdemeanor to attend a riot, incite a riot, or block

or obstruct the lawful use of a thoroughfare while participating in a riot, and it is a

Class I felony to knowingly participate in a riot that results in substantial damage

to property or personal injury. Under the bill, the misdemeanor of attending a riot

carries a 30-day mandatory minimum period of incarceration and the felony of

knowingly participating in a riot that results in injury or property damage carries

a 45-day mandatory minimum period of incarceration.

Under current law, a person who intentionally causes bodily harm to another

person commits the crime of simple battery and is guilty of a Class A misdemeanor.

Current law provides greater penalties for persons who intentionally cause bodily

harm to certain persons, which is special circumstances battery. For example, under

current law, if a person intentionally causes bodily harm to a first responder,

including a law enforcement officer, an emergency medical care provider, or a fire

fighter, the person is guilty of a Class H felony. The bill adds to that list a member

of the national guard so that it is a Class H felony to intentionally cause bodily harm

to a member of the national guard.

Under current law, it is a Class I felony to throw or expel a bodily substance at

a prosecutor, an emergency medical care provider, a peace officer, a fire fighter, or a

person staffing an ambulance. The bill adds to that list a member of the national

guard so that it is also a Class I felony to throw or expel a bodily substance at a

member of the national guard.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a