Mississippi House Bill HB34

Mississippi 2023 Regular Session

• Introduced: 1/3/23
• Refer: 1/3/23
• Failed: 1/31/23

Caption

The Combating Violence, Disorder and Looting and Law Enforcement Protection Act of Mississippi; create.

Impact

The legislation significantly influences the existing legal framework regarding public assemblies and protests in Mississippi. By categorizing certain collective actions as felonies, it aims to deter potential violent demonstrations and reinforce law enforcement authority. The bill mandates consequences not only for the individuals participating in violent assemblies but also impacts local governments' policing responsibilities by preempting legal claims against them if they are proven to have acted with gross negligence during such events. Municipalities that do not maintain adequate law enforcement funding risk losing state financial assistance.

Summary

House Bill 34, also known as 'The Combating Violence, Disorder and Looting and Law Enforcement Protection Act of Mississippi', aims to establish stringent measures against violent assemblies and looting. The bill defines a 'violent or disorderly assembly' as gatherings of six or more people that create immediate dangers to property or individuals, and makes participants in such assemblies subject to felony charges. It prohibits behaviors such as obstructing traffic, throwing objects, and defacing property during these assemblies. Enhanced penalties are enforced for actions that harm law enforcement officers during such incidents.

Contention

Supporters of HB34 argue that these measures are necessary for maintaining public order and protecting businesses during protests. However, critics contend that the bill could infringe on citizens' rights to peacefully assemble and protest, potentially criminalizing legitimate expressions of dissent. The increased severity of penalties, especially concerning eligibility for unemployment benefits for those convicted under this act, raises concerns about fairness and justice in enforcement, with opponents fearing it may disproportionately affect marginalized communities engaged in peaceful protests.