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Senate advances revised 'Violence, Disorder and Looting' bill after debate about bail rules
Summary
Second substitute SB 138, which tightens penalties and includes bail provisions tied to riot-related felonies, passed the Senate 22–7 after arguments over whether the measure would improperly alter bail protections. Supporters said it would help law enforcement investigate and hold violent rioters; critics warned the bill could create a distinct bail regime for one offense class.
The Utah Senate approved second substitute Senate Bill 138 on a 22–7 roll call after a contentious floor debate over new bail provisions and the statutory definition of dangerous conduct during riots.
Senator Hankins, sponsor of the second substitute, described the changes as responsive to law-enforcement and local prosecutors’ concerns and said he had worked with the Attorney General’s Office and Salt Lake County prosecutors to refine the language. He explained specific line deletions and amendments to ensure the criminal penalties align with existing felony classes and to tighten language describing dangerous weapons.
Opponents, including Senator Weiler and Senator Fillmore, objected to a provision that they said would tie bail decisions to allegations of riot-related offenses. Senator Weiler said he had opposed an earlier version of the bill and continued to have constitutional concerns: "I can't support this version of the bill because it has a whole section on the denial of bail just for the crime of rioting ... we're quite not there yet on bail reform," he said, adding that tailoring bail rules to one crime risks creating inconsistent and constitutionally problematic procedures (Sen. Weiler).
Senator Thatcher, who described himself as a supporter of bail reform generally, said the bill was intended to prevent people who commit serious offenses during riots from being immediately released and returning to exacerbate public disorder. He argued the bill targeted those committing felonies or causing serious bodily injury and was not directed at peaceful protesters.
After floor discussion, the Senate called the question and the second substitute passed 22–7. The bill will be transmitted to the House for consideration.
The debate highlights continuing friction within the Legislature over bail policy and how to balance public-safety tools with constitutional protections for pretrial release. Sponsors said the bill is designed to provide judges tools for investigation and to prevent recidivist riot activity; critics urged caution and proposed further work on bail principles before adopting offense-specific constraints.
