Certain crimes committed while participating in a riot; civil action for damages caused.
Summary
Certain crimes committed while participating in a riot; civil action for damages caused during a riot or unlawful assembly; affirmative defense; reduction in law-enforcement agency operating budget; penalty. Creates a civil action for damages caused during a riot or unlawful assembly if a person with the lawful authority to direct a law-enforcement agency uses that authority to prohibit law-enforcement officers from taking action that would prevent or materially mitigate significant bodily injury, death, or damage or destruction of property caused by or related to a riot or unlawful assembly. The bill also creates an affirmative defense in a civil action for wrongful death or injury to a person or property that such action arose from injury or damage sustained by a participant in furtherance of a riot. If such affirmative defense is raised, the court shall, upon the defendant's motion, stay the proceedings during the pendency of the criminal proceedings.This bill also directs that any locality that reduces the operating budget of its local law-enforcement agency shall (i) receive no appropriation in the general appropriation act for highway system maintenance and operations or for maintenance and operation of roads; (ii) receive no allocation of highway funds for roads within such locality; and (iii) receive no payments for maintenance, construction, or reconstruction of highways.The bill also makes it a Class 1 misdemeanor to (a) electronically publish another person's personal identifying information with the intent to (1) incite violence or commit a crime against such other person or (2) threaten or harass such other person in a manner as to place the person in reasonable fear of bodily harm; (b) maliciously block access to any business; (c) maliciously obstruct a highway; and (d) injure, destroy, or tamper with a conspicuously marked law-enforcement vehicle. Additionally, this bill makes it a Class 6 felony to commit an assault and battery while participating in a riot and to interfere with a conspicuously marked law-enforcement vehicle occupied by a law-enforcement officer with the intent to prevent a law-enforcement officer from performing his official duties.
Bill status
passed
3 of 5 stages cleared
Introduction
Jan 2022
Committee Review
Jan 2022
Senate Passage
Feb 2022
House of Delegates Passage
Governor
Introduced Jan 12, 2022
Last action Feb 2, 2022
Floor votes
How they voted
This bill passed the Senate. No roll call record of that vote is available.
Full legislative history
Actions timeline
Total actions
4
Key actions
1
Committee
1
Feb 2, 2022
Upper · Passed
Passed by indefinitely in Judiciary (8-Y 7-N)
upper
Jan 12, 2022
Committee
Referred to Committee on the Judiciary
upper
Jan 12, 2022
Introduced
Prefiled and ordered printed; offered 01/12/22 22103359D
upper
1 primary · 1 co-sponsor
Sponsors
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