SB1142 expands the state’s racketeering laws, now aimed at organized crime, to also include rioting. And it redefines what constitutes rioting to include actions that result in damage to the property of others.
But the real heart of the legislation is what Democrats say is the guilt by association — and giving the government the right to criminally prosecute and seize the assets of everyone who planned a protest and everyone who participated. And what’s worse, said Sen. Steve Farley, D-Tucson, is that the person who may have broken a window, triggering the claim there was a riot, might actually not be a member of the group but someone from the other side.
Sen. Martin Quezada, D-Phoenix, acknowledged that sometimes what’s planned as a peaceful demonstration can go south.
“When people want to express themselves as a group during a time of turmoil, during a time of controversy, during a time of high emotions, that’s exactly when people gather as a community,’’ he said. “Sometimes they yell, sometimes they scream, sometimes they do go too far.’’
Quezada said, though, that everything that constitutes rioting already is a crime, ranging from assault to criminal damage, and those responsible can be individually prosecuted. He said the purpose of this bill appears to be designed to chill the First Amendment rights of people to decide to demonstrate in the first place for fear something could wrong.
But Sen. John Kavanagh, R-Fountain Hills, said that chilling effect is aimed at a very specific group of protesters.
“You now have a situation where you have full-time, almost professional agent-provocateurs that attempt to create public disorder,’’ he said.