On a party-line vote, Georgia senators approved legislation that would impose harsher penalties on people who commit crimes during protests, require protesters to first obtain a permit from their local government and punish municipalities that tell public safety officers to “stand down” during a riot.
Senate Bill 171 passed the Senate 31-21 on Tuesday, with Republicans voting in favor of the measure.
Several versions of SB 171 have been proposed in the Senate over the last year. The approved version would increase the penalties for crimes such as blocking a highway, assaulting someone or damaging property if it involves groups of two or more.
State Sen. Randy Robertson, a Cataula Republican and former police officer, said the bill was inspired by both racial justice protests that got out of control in Atlanta in 2020 and the Jan. 6, 2021, attack on the U.S. Capitol in Washington.
“All we are telling citizens to do is if you want to go out and protest your government, if you want to go out and protest wrongdoing, you can absolutely do that,” Robertson said. “But if you want to go out and cause violence against those who choose to go out and peacefully protest, if you want to go out and attack the men and women of public safety who are out there to protect you, then I think the punishment should be firm, I think it should be aggressive, and I think it should be fair.”
Robertson said he did not want a repeat of what happened in summer 2020 in Atlanta, where there were reports that city leadership instructed police officers not to engage with protesters who began to damage property.
Opponents of the bill said it was clear the measure was a reaction to the protests held in Atlanta and across the country in 2020 in response to the deaths of Black men and women who were killed by police. Protests in Atlanta lasted for weeks, with some attendees damaging property in the downtown area — including at the state Capitol — and others throwing things at police.
Speaking against the bill, Democrats said the bill would give local governments and incent to deny its citizens their First Amendment right to protest. State Sen. David Lucas, a Macon Democrat, called the legislation “a bad bill.”
“None of you had to deal with (fighting for) your civil rights. None of you had to go out and walk because it was about the color of your skin,” Lucas said. “And now you want to come to this General Assembly and talk about riots? You want to come to this General Assembly and talk about law an order? You ought not bring these kind divisive things in this place.”
The legislation would make blocking a highway during an “unlawful assembly” — defined as “the assembly of two or more persons for the purpose of committing an unlawful act” — a felony, carrying a punishment of one to five years in prison and/or a fine of $1,000 to $5,000. Any groups of seven or more who damage property or are violent against another person also would be charged with a felony.
People seeking to hold a protest, rally or other “assembly” would have to apply to their local government and receive approval before they could hold the event. Local governments would have three days to grant the permit.
The bill now goes to the House for its consideration.
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