SB 198 IN

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Passed One Chamber

Grants, until January 1, 2025, the attorney general concurrent jurisdiction with the prosecuting attorney to prosecute an action in which a person is accused of committing a criminal offense while a member of an unlawful assembly. Permits the chief executive officer of a political subdivision to establish a curfew under certain circumstances. Makes refusing to leave a location in violation of a curfew, after having been informed of the curfew and ordered to leave by a law enforcement officer, a Class B misdemeanor. Allows for the civil forfeiture of property that is used by a person to finance a crime committed by a person who is a member of an unlawful assembly. Prohibits a person from being released on bail without a hearing in open court, establishes a rebuttable presumption that money bail shall be required, and requires a court to consider whether bail conditions more stringent than the local guidelines should be imposed. Adds enhanced penalties to the crimes of: (1) rioting; and (2) obstruction of traffic. Allows a conspiracy charge for a misdemeanor committed while a member of an unlawful assembly. Provides that a person may recover actual damages in a civil action against a county, city, or town (unit) for loss of property proximately caused by an unlawful assembly, if the unit recklessly fails to exercise reasonable diligence to prevent or suppress the unlawful assembly.

• Michael Young Republican · author
• Ronald Grooms · author
• Eric Koch Republican · author
• John Young · sponsor

1. Jan 12, 2021 Authored by Senator Young M · upper
2. Jan 12, 2021 First reading: referred to Committee on Corrections and Criminal Law · upper
3. Jan 25, 2021 Senator Grooms added as second author · upper
4. Feb 11, 2021 Committee report: amend do pass, adopted · upper
5. Feb 11, 2021 Senator Koch added as third author · upper
6. Feb 11, 2021 Senator Freeman added as coauthor · upper
7. Feb 15, 2021 Amendment #1 (Young M) prevailed; Division of the Senate: yeas 36, nays 8 · upper
8. Feb 15, 2021 Amendment #2 (Tallian) failed; voice vote · upper
9. Feb 15, 2021 Second reading: amended, ordered engrossed · upper
10. Feb 15, 2021 Senator Messmer added as coauthor · upper
11. Feb 15, 2021 Senator Sandlin added as coauthor · upper
12. Feb 16, 2021 Third reading: passed; Roll Call 123: yeas 37, nays 8 · upper
13. Feb 16, 2021 House sponsor: Representative Behning · upper
14. Feb 16, 2021 Senator Buck added as coauthor · upper
15. Feb 16, 2021 Senator Crane added as coauthor · upper
16. Feb 16, 2021 Senator Houchin added as coauthor · upper
17. Feb 16, 2021 Senator Kruse added as coauthor · upper
18. Feb 16, 2021 Senator Tomes added as coauthor · upper
19. Feb 17, 2021 Referred to the House · upper
20. Mar 4, 2021 First reading: referred to Committee on Rules and Legislative Procedures · lower
21. Mar 9, 2021 Representative Behning removed as sponsor · lower
22. Mar 9, 2021 Representative Young J added as sponsor · lower

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Engrossed Senate Bill (S) · Feb 15, 2021 · PDF
• Introduced Senate Bill (S) · Jan 12, 2021 · PDF
• Senate Bill (S) · Feb 11, 2021 · PDF