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Committee advances bill that would raise riot‑related penalties, include mask offense and emergency effective date
Summary
A House judicial committee approved House Bill 35,81 as amended, a broad package that would elevate certain riot‑related misdemeanors to felonies, add a mask‑while‑committing‑a‑riot offense, and include an emergency effective clause; the sponsor said the measure is a "work in progress" and members raised constitutional and sentencing concerns.
Representative LePak, sponsor of House Bill 35,81, told the House Judicial Committee No. 2 that the measure is a collection of ideas intended to strengthen penalties and local authority in the case of riots. He described the bill as converting some misdemeanor riot offenses into felonies, proposing no bail for out‑of‑state rioters (language he said could be removed), specifying mask use during riots as a class D felony, and proposing limitations on municipal immunity in certain riot responses. "I do consider this very much a work in progress," LePak said, adding he would accept amendments as the bill moved forward.
The bill drew sustained questioning from members who flagged constitutional and sentencing issues. Representative Harris asked whether the provision barring bond for out‑of‑state defendants could violate constitutional protections; LePak acknowledged the concern and said he included the language for discussion but expected it could be removed later in the process. "I put it in there knowing we could take it out," he said.
Representative Harris and others also sought clarity on the mask provision. The bill makes it an offense for a person to "wear a mask or covering to disguise" themselves "without lawful excuse" while committing riot‑related crimes. LePak said the phrase "without lawful excuse" appears in multiple statutes and that the intent is to criminalize concealment of identity while breaking riot laws, not to criminalize lawful, peaceful demonstrators who wear masks for health or other legitimate reasons. "The intent is, you can't conceal your identity while you're breaking the law," he said.
Members raised concerns about sentencing enhancements. Harris questioned sharp increases in statutory maximums for aggravated offenses under the bill; LePak said he expected the exact felony classifications and ranges to be adjusted in subsequent drafting and offered to accept suggestions. "If that's something we need to adjust, I'd be happy to do that," he said.
After discussion, the committee voted to report the bill as due pass as amended. The recorded vote in committee was five in favor and one opposed. The sponsor said he would continue to accept amendments and revisions during subsequent consideration.
The bill now moves to the next stage in the legislative process for additional committee or floor consideration.
