Gov. Greg Abbott calls for new crimes, mandatory jail time for certain offenses related to protests

By Jolie McCullough

At a campaign event in Dallas on Thursday, Gov. Greg Abbott issued a string of new legislative proposals to raise penalties and create new crimes for offenses committed at protests.

Abbott isn't on the Nov. 3 ballot, but the event was the Republican governor's latest move in a national political battle during a tumultuous election that has pitted police officers and fears of rising crime against calls for an end to police brutality and systemic racism. Abbott's proposals, offered at a press conference at the Dallas Police Association headquarters, in part mirror a controversial set of measures Florida Gov. Ron DeSantis proposed earlier this week.

"Today, we are announcing more legislative proposals to do even more to protect our law enforcement officers as well as do more to keep our community safe," said Abbott, who was flanked by police union officials, other Texas leaders and Republican politicians hoping to take Texas House seats from Dallas County Democrats in November.

The legislation, if passed by lawmakers in 2021, would create felony-level offenses for causing injury or destroying property during what is deemed to be a "riot." Blocking hospital entrances and using lasers to target police would also be felony offenses, Abbott said. Striking an officer with something like a water bottle would lead to a mandatory minimum of six months in jail.

Currently, the crime of "participating in a riot" is a misdemeanor offense in Texas with a maximum of six months in jail, and is labeled as a gathering of seven or more people that in part, creates a danger to a person or property. Many protesters in Texas have been arrested on suspicion of such offenses since protests erupted in May after the death of George Floyd. Others have been charged with felony-level crimes like assault on a police officer, including an 18-year-old who faces up to 20 years in prison for allegedly throwing a water bottle at an officer.

During a summer of national unrest after Floyd's death, protests in Texas sometimes turned unruly, leaving broken windows and dents in police vehicles, graffiti on government property and police officers with cuts and bruises. Most protests in Texas have been peaceful and have not left massive amounts of property damage — like burned buildings or looted storefronts — in their wake. Police have sprayed tear gas and pepper spray into crowds and fired bean bags out of shotguns at nonviolent demonstrators, sometimes seriously injuring them.

In recent months, the Austin City Council issued a vote of no confidence in police leadership to make changes to end police violence against people of color and, later, cut the department's budget. In Dallas, Police Chief U. Reneé Hall announced she would resign at the end of the year after her department's use of force during protests was heavily criticized.

Abbott's new proposal would also pursue organizers of unruly protests. A new felony offense would be created for those who "aid and abet riots with funds and organization assistance," he said, and give the Texas Attorney General power to pursue civil penalties against such organizations as well.

And it would also keep anyone arrested on suspicion of riot offenses in jail until they could see a court officer.

"We're tired of seeing all these rioters do their rioting, they get arrested, they go in, and 30 minutes later, they're back on the street," Abbott said.

In Florida, DeSantis also announced Monday a proposal to delay releasing people who could make bail.

Democrats in Florida slammed DeSantis' proposal as unconstitutional and fear mongering, according to the Tampa Bay Times. One Florida lawmaker said the governor had "declared war on our civil rights."

In Texas, the proposals already had fierce opposition from organizers. David Villalobos, with the Texas Organizing Project in Dallas, said he is concerned about how police are able to determine when something is a riot and who they will target, and how it will affect a community that already doesn't trust the police.

"We wouldn't want [police] to have this wide discretion to deem which protesters are taking part in disorderly conduct or unlawful protests," he said Thursday. "This seems like a step that would really try to stifle the voice of the people, the people's right to march and peacefully assemble."

In Austin, where City Council members last month cut the police budget amid an outcry to defund policing and reinvest in other social programs to reduce crime, Austin Justice Coalition Founder Chas Moore said it seemed "democracy is hanging on by a thread."

"I don't think the governor is moving in the right direction if he's trying to penalize people for protesting or speaking out against the things people have grievances about," he said. "It's not going to stop people from protesting, but I do think we have a more emboldened police department and police forces."

Juan Pablo Garnham contributed to this story.

The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

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