Amendments	Fiscal Memos
HA0446	Amendment 1-0 to HB0513

No amendments for SB0843.

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Fiscal Summary

Increase State Expenditures – $335,000 Incarceration*

Bill Summary

This bill increases the penalty for obstructing a highway; provides immunity for persons who unintentionally cause harm to another who is engaging in certain conduct; and creates new riot-related offense, all as discussed below.

PRESENT LAW

Under present law, a person commits an offense who, without legal privilege, intentionally, knowingly or recklessly:

(1) Obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, or hallway to which the public, or a substantial portion of the public, has access; or any other place used for the passage of persons, vehicles or conveyances, whether the obstruction arises from the person's acts alone or from the person's acts and the acts of others; or

(2) Disobeys a reasonable request or order to move issued by a person known to be a law enforcement officer, a firefighter, or a person with authority to control the use of the premises to: prevent obstruction of a highway or passageway; or maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot or other hazard.

PENALTY

Under present law, the conduct in item (1) is a Class A misdemeanor, the obstruction prevents an emergency vehicle from accessing a highway or street, the obstruction prevents a first responder from responding to an emergency, or if the obstruction prevents access to an emergency exit, in which case it is a Class E felony. Present law classifies the conduct under item (2) is a Class B misdemeanor. This bill increases the behavior for both offenses to be Class E felonies in all circumstances.

IMMUNITY FOR UNINTENTIONAL HARM TO OFFENDER BY ANOTHER

This bill provides that a person operating a motor vehicle who is exercising due care and unintentionally causes injury or death to another person who is engaging in the conduct described above in (1) or (2) will be immune from prosecution for the injury or death.

NEW RIOT-RELATED OFFENSES

This bill creates the following new offenses:

(1) The Class A misdemeanor of, while participating in a riot, throwing an object at another with the intent of harming the other person;

(2) The Class E felony of, while participating in a riot, throwing an object at another and causing bodily injury to another commits a Class E felony; and

(3) The Class A misdemeanor of, while participating in a riot, intentionally intimidating or harassing an individual who is present at a place accessible to the public and who is not participating in the riot.

ON MAY 5, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 513, AS AMENDED.

AMENDMENT #1 adds a short title to this bill, the "Law and Order Act of 2021."