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Senate uncircles rioting bill after heated floor debate over bail and protest protections
Summary
Senate Bill 138, which increases penalties for rioting and adds enforcement tools—potentially including bail restrictions—was uncircled for third reading after extended debate. Senators raised constitutional concerns about catching peaceful protesters in the law; sponsor plans a substitute for Monday.
Senate Bill 138, the Violence, Disorder and Looting Enforcement Protection Act, returned to the floor amid sharply divided discussion about how to punish violent conduct while preserving the right to peaceful protest.
Sponsor Senator Hinkins described the bill as increasing penalties for rioting, enhancing penalties for assaulting officers during a riot and allowing victims to seek damages. He urged support, citing recent violent incidents and the need to deter groups that “came into Utah to cause hate and discontent.”
Opponents cautioned that provisions in lines 307–310 regarding bail denial for persons arrested in certain riot cases raised constitutional questions and could inadvertently sweep up lawful protesters. “People can get caught up in this,” one senator said, describing situations where peaceful assemblies have been flanked by aggressive actors and expressing concern that ordinary participants could face severe consequences. Senators urged the sponsor to remove bail language and resolve bail reform issues in a broader, separate bill.
Supporters, including members with law‑enforcement backgrounds, argued the bill carefully delineates violent actors from peaceful protesters and that law enforcement can distinguish those who commit property damage or assault. Several senators commended the sponsor for incorporating committee recommendations and pledged to review the substitute when it is filed.
The sponsor announced a substitute draft will be ready by Monday to address concerns. The Senate proceeded to a roll call recorded in the transcript for third reading with 22 yeas, 1 nay, 6 absent. The sponsor emphasized the bill is meant to target the violent minority who exploit protests, not to curtail peaceful assembly.
