AB 88

This bill makes it a Class I felony to urge, promote, organize, encourage, or instigate others to commit a riot and a Class H felony to intentionally commit an act of violence while participating in a riot.

The bill defines a “riot” as a public disturbance that involves an act of violence, as part of an assembly of at least three persons, that constitutes a clear and present danger of property damage or personal injury or a threat of an act of violence, as part of an assembly of at least three persons having the ability of immediate execution of the threat, if the threatened action constitutes a clear and present danger of property damage or personal injury.

The bill establishes a civil cause of action for any person who suffers injury or loss to person or property as a result of conduct that violates the criminal prohibitions on vandalism or participation in a riot. The bill allows a person to bring a civil action against a person who committed the violation and against any person or organization that provided material support or resources with the intent that such support or resources would be used to perpetrate the offense. The person bringing the action may obtain an order requiring the offender to fix or repair the damage caused to the person’s property if certain requirements set forth in the bill are met.

The bill also prohibits any government official with authority over any law enforcement agency or law enforcement officers from limiting or restricting the authority of the agency to have its officers, or certain officers, arrest or detain individuals involved in a riot or vandalism activity or take action to quell a riot or vandalism activity. The bill also prohibits any government official with authority over any law enforcement agency from limiting or restricting the authority of law enforcement officers, or certain designated law enforcement officers, to arrest or detain individuals involved in a riot or vandalism activity or to take action to quell a riot or vandalism activity. Finally, the bill provides that no government official, law enforcement agency, or law enforcement officer may discharge, demote, reassign, or take any punitive action against any employee because the employee made a charge, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing regarding a violation of the prohibitions on government officials set forth in the bill.

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 report.