A North Carolina bill toughening penalties for troublemakers will become law after no governor has been vetoed
North Carolina State Roy Cooper He announced Friday that he would not use his veto stamp on legislation increasing penalties for troublemakers after he blocked a similar bill in 2021.
The GOP-controlled legislature sent the bill to the governor’s desk last Thursday after it passed on a bipartisan vote in the House and Senate. The Democratic governor has until Monday to sign or veto the bill, which was proposed in the wake of nationwide riots in 2020 following the death of George Floyd.
Although Cooper said he would not veto the bill, he announced that he would allow it legislation to become law without his signature, according to the Associated Press. The decision means Cooper will likely delay a nullification of state legislators as the legislature has grown more Republican since its 2021 veto.
Cooper’s choice not to veto the bill has angered social justice advocates who claim the measure curtails the right to protest and free speech, though with increased penalties only for violent rioters and not peaceful protesters.
A North Carolina bill favoring severe riot penalties is awaiting the governor’s signature
Democratic North Carolina. Roy Cooper speaks to The Associated Press in an end-of-year interview at the Executive Mansion in Raleigh, NC, Dec. 14, 2022. (AP Photo/Hannah Schoenbaum, File)
In a press release, Cooper said changes were made to “modify the impact of this legislation” after his veto two years ago, but the governor said he still had concerns about the language.
“Property damage and violence are already illegal, and my continuing concerns about the erosion of the First Amendment and disparate effects on communities of color will prevent me from signing this legislation,” he said.
In 2021, the Tar Heel State had enough Democrats in House of Representatives and Senate to support the first veto of the riot bill, but now the Republican-controlled Senate has the power to override the veto. The House of Representatives requires one Democratic vote to get the same advantage.
North Carolina Democratic governor’s plan to increase spending by 20% is backed by Republicans
North Carolina House Speaker Tim Moore speaks before the Supreme Court in Washington, Dec. 3. 7, 2022. (AP Photo/Andrew Harnik)
Six House Democrats, including the bill’s primary sponsor, voted to support the measure in February. In the Senate last Thursday, lawmakers approved the bill by a 27-16 vote. Mary Wells Budd was the only Democrat to vote for her.
House Speaker Tim Moore has strongly advocated for this year’s bill, as well as the 2021 bill, by pointing to the rioting and looting he witnessed in downtown Raleigh in June 2020. Existing laws are not deterrent enough to protect the public and property, Moore said.
“Those who hijack peaceful demonstrations to wreak havoc and destruction on our communities must be held accountable,” Moore said after Cooper’s announcement on Friday. “Our communities will be safer now that this bill is finally law.”
The Associated Press reports that nearly 30 groups have written to the governor over the past week urging him to veto the measure, claiming it would scare people from speaking out at peaceful protests for fear of unjustified arrests.
“Laws like this are often used to target peaceful protesters, especially minorities and those struggling against racial oppression,” said Sam Davis of the American Civil Liberties Union of North Carolina. “We are disappointed that Governor Cooper chose not to veto this unnecessary and unconstitutional law.”
Earlier this month, Moore, and other supporters, said the bill is meant to protect the First Amendment rights of peaceful protesters while keeping them, law enforcement, and property owners safe from violence during any riots.
Protests and riots swept the United States in the post-George Floyd era
CMPD officers deploy a stun grenade during a demonstration to end police brutality in uptown Charlotte, North Carolina, on June 2, 2020. (LOGAN CYRUS/AFP via Getty Images)
The new bill, which goes into effect in December, increases penalties already applied to those who participate in or incite a riot to cover more serious circumstances such as brandishing a weapon or causing serious bodily injury – which could result in longer in prison.
New offenses will also be created for a rioter causing death or a rioter contributing to death, and assaults on emergency personnel will result in higher criminal penalties. The bill would also allow property owners who suffered damage during the protests to claim compensation from the offender equal to three times the monetary damages.
Finally, defendants charged with rioting or looting must wait 24 hours before bail rules are set and they are released before trial.
Protesters throw tear gas again at police, Saturday, May 30, 2020 in downtown Raleigh, N.C. (Ethan Hyman/Raleigh News Observer/Tribune News Service via Getty Images)
Click here for the FOX NEWS app
Cooper said on Friday that lawmakers are discussing positive amendments to the bill, but he remains concerned that this bill will legitimize unfair treatment of those who need protection.
Nine states have passed similar laws since the devastating riots of 2020, According to the International Center for Not-for-Profit Law.
The Associated Press contributed to this report.
