In light of protests following Alleged President Trump’s election, the Arizona state senate voted on a law that effectively seizes assets of people who lead and organize protests that turn violent.
Senate Bill 1142 (SB 1142) aims to amend the state’s definition of racketeering to include rioting, opening the door to asset forfeiture for those who might be accused of planning riots when they are only trying to exercise their First Amendment rights to peaceful assembly.
Here’s the text with the amended parts bolded:
4. “Racketeering” means any act, including any preparatory or completed offense, that is chargeable or indictable under the laws of the state or country in which the act occurred and, if the act occurred in a state or country other than this state, that would be chargeable or indictable under the laws of this state if the act had occurred in this state, and that would be punishable by imprisonment for more than one year under the laws of this state and, if the act occurred in a state or country other than this state, under the laws of the state or country in which the act occurred, regardless of whether the act is charged or indicted, and the act involves
eitherANY OF THE FOLLOWING:(a) Terrorism, animal terrorism or ecological terrorism that results or is intended to result in a risk of serious physical injury or death.
(b) RIOT.
(b)(c) Any of the following acts if committed for financial gain:(i) Homicide.
(ii) Robbery.
(iii) Kidnapping….
The bill also redefines the definition of a riot. Here is the text with the amendments in bold:
A person commits riot if, with two or more other persons acting together, such person recklessly uses force or violence or threatens to use force or violence, if such threat is accompanied by immediate power of execution, which EITHER disturbs the public peace OR RESULTS IN DAMAGE TO THE PROPERTY OF ANOTHER PERSON.
Arizona’s state senate wrote a bad bill. While the senate intends to deter individuals from rioting and creating situations where people and property could be damaged, this creates serious First and Fourth Amendment issues. Most individuals who engage in public protests do not want their assembly to turn into a riot. Altering the racketeering laws that allow asset forfeiture to individuals who do not possess the means necessary to commit a crime is a dangerous precedent for the police to crack down on innocent people.
As Democratic state senator Andrea Dalessandro expressed in the Arizona Capital Times:
I’m fearful that ‘riot’ is in the eyes of the beholder and that this bill will apply more strictly to minorities and people trying to have their voice heard.
This concern is warranted. The police should be used to crack down on people who do commit criminal acts instead of being given discretion to arrest individuals on suspicion they might incite a riot. This senate bill only opens the door to constitutional problems.
