© Kelly Presnell / Arizona Daily Star
SB1142 would make participating in or helping organize a protest that turns violent a criminal offense under the state's racketeering (RICO) laws. Even those who have committed no overt action could be prosecuted on charges of conspiracy to riot, and their property seized under RICO statutes, AP reported.
The bill was proposed by Senator Sonny Borrelli (R- Lake Havasu City), who said it was needed to deter violent riots and go after groups paying protesters, according to Arizona Capitol Times. Republican lawmakers pointed to the violence during President Donald Trump's inauguration in Washington, DC, as well as the Berkeley, California protest against controversial speaker Milo Yiannopoulos that escalated into a riot.
The bill was needed to crack down on "full-time, almost professional agent-provocateurs that attempt to create public disorder," argued Senator John Kavanagh (R-Fountain Hills). "A lot of them are ideologues, some of them are anarchists," Kavanagh said during the debate in the Senate on Wednesday. "But this stuff is all planned." "There's a difference between a protest and a riot. And what we have been watching is riots," said Senator Sylvia Allen (R-Snowflake).
Comment: FYI: Allen is not a "snowflake", rather she is from Snowflake, AZ.
Democrats opposing the bill said it would establish guilt by association and enable the government to criminally prosecute everyone who participated in the protest and seize their assets.
"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," said Senator Andrea Dalessandro (D-Green Valley). While peaceful demonstrations sometimes turn violent, the existing laws should be enough to punish those responsible, argued Senator Martin Quezada (D-Phoenix).
"When people want to express themselves as a group during a time of turmoil, during a time of controversy, during a time of high emotions, that's exactly when people gather as a community,'' he said. "Sometimes they yell, sometimes they scream, sometimes they do go too far.''
Senator Steve Farley (D-Tucson) called the bill a "total perversion of the RICO process" and warned of "major Constitutional issues down the line" if it is passed into law.
Senator Katie Hobbs (D-Phoenix) called the claims of paid rioters "fake news."
At the end of the debate, the Senate passed the bill 17-13, in a vote along party lines, sending it to the Arizona House of Representatives.
Comment: The threat of paid rioters is real and has been demonstrated all around the country to great effect. Democrats want to defuse this claim, knowing full well their party has engaged such provocateurs, not only in the USA but also abroad. Drastic times, drastic measures, therefore the push to criminalize protests. Arizona crosses the line if it gives the police the power to arrest anyone involved in a peaceful demonstration that may or may not turn bad, may or may not be a provocateur. Citizens have the right to peacefully assemble and petition the government for a redress of grievances. First Amendment and all that. Seize their property? Good luck. Curtailing paid rioters...that would be most helpful.