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Committee OKs bill to criminalize interference with legislative proceedings; supporters say it protects lawmakers' ability to conduct business

2401779 · February 26, 2025
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Summary

House Bill 399 would establish a distinct offense for interference with legislative proceedings after prior interruptions to the legislature; the committee adopted a substitute and favorably reported the bill 13-4 amid concerns about assembly and possible constitutional overbreadth.

Representative John Blanton presented House Bill 399 as a response to past disruptions in the chamber that prevented members from conducting floor business and denied constituents the opportunity for their representatives to speak.

"The purpose in House Bill 399 is to ensure that the General Assembly has an opportunity to legislate without interference from people who wish to prevent us from doing our work on behalf of our constituents," Representative John Blanton said, referencing interruptions that occurred in prior sessions and noting those removed from the gallery had later been charged.

Blanton acknowledged the right to protest but said the bill would provide a clear statutory offense to address conduct that goes beyond lawful assembly. Some members raised First Amendment and policing concerns. Representative Roberts said he was worried about overbreadth and the requirement that police "shall" arrest in some circumstances, which could conflict with officers' duty to independently assess probable cause; he explained those concerns before announcing his vote.

Committee action: The committee adopted the substitute and reported HB 399 favorably by roll call: 13 yes, 4 no. Chair Elliott announced the result: "So with 13 yes votes, 4 no votes, and no pass votes, House Bill 399, as amended, does pass."

Key points: Sponsors framed the bill as protecting legislative function after prior gallery disruptions; opponents warned about chilling lawful assembly and urged narrowing for constitutional survivability and to preserve law-enforcement discretion.

Next steps: The bill moves to the floor with a committee substitute; sponsors said they were working with members on clarifications around right-to-assemble protections and law-enforcement obligations.