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NC Speaker 'confident' tougher rioting punishments will pass

Buoyed by the November elections, legislative Republicans seek to push through a once-vetoed bill to crack down on rioters.

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By
Paul Specht
, WRAL state government reporter

One of North Carolina’s most powerful lawmakers is renewing a controversial effort to crack down on rioters.

House Speaker Tim Moore, R-Cleveland, on Wednesday filed a bill that would make rioting a felony if it causes $1,500 in property damage or someone is injured or dies. Those facing felony charges could be held in jail for up to 48 hours and, if convicted, face two years in prison. The bill would also enable property owners to sue rioters for damages.

House Bill 40 is identical to the one Moore initially sought in 2021 in response to the 2020 protests of George Floyd's death in police custody in Minnesota. The GOP-controlled legislature approved the bill, but it never became law because Democratic Gov. Roy Cooper vetoed it.

Cooper called the 2021 legislation unnecessary, saying it was “intended to intimidate and deter people from exercising their constitutional rights to peacefully protest.”

Since then, the bill’s prospects have changed.

Republicans have gained seats in both the state senate and state house, coming just one House seat shy of obtaining a supermajority. Now, Moore is confident the bill will become law.

"This common-sense bill simply enforces harsher penalties for the perpetrators of violence and looting, while also preserving every North Carolinian’s right to protest peacefully,” Moore said in a statement.

In 2021, a spokesman for the state chapter of the American Civil Liberties Union said such proposals “would have a disparate impact on Black and brown community members who are calling for racial justice."

It’s possible, if not likely, that House Bill 40 would pass. If it does, Cooper would likely veto it. Republicans don’t hold enough seats to override Cooper. But it’s likely that at least one Democrat will join the GOP effort to push it through.

Democratic state Rep. Shelly Willingham of Edgecombe County, who voted for the 2021 bill, is now a sponsor of HB 40. Democratic state Rep. Michael Wray of Northampton County also supported the 2021 bill.

Neither Willingham nor Wray responded to messages seeking comment.

Minority Leader Robert Reives believes the bill should be more "narrowly tailored to address rioting and avoid the risk of peaceful protesters being brought in," Todd Barlow, his chief of staff, said in an email Wednesday. 

"His hope is that all sides can discuss in good faith ways to improve on the language," Barlow said.

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