ATLANTA — A new bill in the legislature could send protesters to prison for up to 20 years if they’re found guilty of rioting.
Critics say the bill could chill peaceful protests.
The sponsor says the bill adds tough but reasonable penalties for charges that police often make when protests turn ugly.
Following a destructive march through downtown last month, police charged six so-called “Cop City” protesters with rioting among other crimes. Current Georgia law defines rioting as a misdemeanor – punishable with a fine and a possible one-year prison sentence.
House Bill 505 would make rioting a felony, punishable with up to 20 years in prison.
State Rep. Mike Cheokas (R-Americus) said the crime justifies the enhanced punishment in his bill.
"There have been reports of people coming from out of state to do these acts of violence. And it’s a riot. It’s not a peaceful demonstration," Cheokas told 11Alive on Wednesday.
Critics point out that the protesters charged in January also faced felony charges including criminal damage to property and arson.
The law defines “rioting” as “any two or more persons who … act in a violent or tumultuous manner.” That could rope in protesters who aren’t actually doing any damage, said Gerald Griggs of the NAACP.
"Aggravated assault, arson, criminal damage to property, cover the elements of what serious criminal damage can happen based on a riot," Griggs said.
Griggs argued that Cheokas’ bill could also give legitimate protesters reason to think twice before exercising rights protected under the First Amendment protection of free expression.
"We don’t want anything that tries to chill the peaceable assembly of people. And that’s why I have some concerns about the bill," Griggs said.
Cheokas disagrees.
"It has no relationship whatsoever. This is when violence is involved," he said.
The bill to enhance the penalty for rioting has four Republican co-sponsors.