The Tennessee state legislature passed a proposal Wednesday that would charge Tennessee protesters with a felony instead of a misdemeanor for camping out on state property.
The proposal would charge anyone illegally camped out on state property with a Class E felony, which is punishable by up to six years in prison and results in the loss of a person’s voting rights, according to The Tennessean.
For nearly two months, protesters have been camped outside the state Capitol calling on lawmakers to tackle systemic racism and remove a bust of Confederate general and Ku Klux Klan leader Nathan Bedford Forrest, according to Nashville Public Radio. In July, a protester was arrested after setting Nashville City Hall on fire.
Nashville Public Radio reported that camping means “laying down a blanket, sleeping bag or any other bedding material, or erecting a tent or a canopy from 10 p.m. to 7 a.m.”
Democrat State Senate Minority Leader Jeff Yarbro said the measure is extreme during a Senate floor debate, according to The Tennessean.
“Are we really saying that a citizen of this state can be punished with a year in prison and have a felony record because they camped on public property? That should be a bridge too far.” (RELATED: Tennessee Gov. Lee Warns Nashville: Seattle ‘Lawlessness…Will Not Be Tolerated’)
Yarbro also mocked the bill in a tweet.
Well, camping on state property will now lead to felony punished by range of 1 to 6 years in prison and up to a $3,000 fine.
And bonus penalty for exercising your protest rights in an unapproved manner: you lose your voting rights.
— Jeff Yarbro (@yarbro) August 12, 2020
Republican State Sen. Mike Bell filed an amendment Wednesday to keep the camping offense a misdemeanor, saying it was “heavy handed” for the offense to become a felony. The amendment failed, but Bell said the “overall benefits” of the bill outweighed any issue he had with the measure, according to The Tennessean.
The proposal also requires protesters charged with camping out, vandalism of state property and other protest-related offenses to be held for at least 12 hours without bond. A magistrate must provide a written argument that the person in question won’t resume their behavior to avoid the mandatory hold. The Tennesssean reported such holds aren’t mandated for most other criminal offenses in the state.
According to the same report, the proposal would also:
- Charge protesters who mark state buildings or entrances-even in a temporary way, such as with chalk-to be charged with theft and ordered to cover the cost of restoration or cleaning. If the offense occurs a second time, said individual would have to pay a $5,000 fine.
- Make blocking an emergency vehicle a felony.
- Impose a mandatory minimum sentence of 30 days for conviction of rioting and 45 days for aggravated rioting.
- Make it a felony to trespass on the property of an elected official, officer or judge with the intent to harass.
The Tennessean says the legislation is expected to cost upwards of $1 million each year for state and local governments combined.