[Peace-discuss] criminalizing even nonviolent civil disobedience-- Action Alert: Oppose House Bill 1633!

Tue Mar 5 01:26:46 UTC 2019

Legislatures around the country are looking at laws that put heavy
penalties on "damage to critical infrastructure".

But the way those laws are written, they don't only cover the bombing of
bridges or pipelines.   They can mean long prison terms for nonviolent
protest actions.

Illinois has one of these bills in committee now, HB 1633.   This alert
from the IL Green Party explains how to file a 'witness slip' indicating
that you oppose the bill.   Legislators do notice when the public is
keeping eyes on a bill, and it can make a difference in whether the bill
goes forward or not.

The hearing is Tuesday afternoon at 4pm, so if you're going to act,
submit a slip before then.

-------- Forwarded Message --------
Subject: 	Action Alert: Oppose House Bill 1633!
Date: 	Mon, 04 Mar 2019 22:50:32 +0000 (UTC)
From: 	ILGP Media <media at greenpartychicago.org>
To: 	prairiegreens-owner at lists.chambana.net

NationBuilder

Illinois_Green_Party_Banner_NL.png
<https://ilgp.nationbuilder.com/admin/broadcasters/17/mailings/665/http://www.ilgp.org/?e=86b87912756f6790f73a8cbac9ebf7c3&utm_source=ilgp&utm_medium=email&utm_campaign=action_alert_hb_1633&n=1>**//

    _Action Alert: Oppose House Bill 1633!_

Friend --

The Illinois Green Party opposes*Illinois **House Bill 1633*
<http://www.ilgp.org/r?u=YcZqQnE0bk40OWjkW5W0KUxv8z-hiSG2PYxkpkGyjD5CDmXjHxMNm1kbLx4_KwwsYFJwUrq35q5Sd_gnLoEii9VF9TKK3UNWzt131xQEChDauotf-g6M9SwjWPLSYEiLOGllXh0v7xHI4k7lX9iDyZbo7Hlwo3D1v77E-dIPJKU&e=86b87912756f6790f73a8cbac9ebf7c3&utm_source=ilgp&utm_medium=email&utm_campaign=action_alert_hb_1633&n=2>*,
and we ask you to do the same.* HB 1633 is set for a hearing before the
House Judiciary - Criminal Committee
<http://www.ilgp.org/r?u=YcZqQnE0bk40OWjkW5W0Kd6P8OP8Ly_wn4mT__FzWB_vOdI4In1JD7rP6NJtYNvpl-nBFXYVQjfRPIFOeH8CU7qBH9XhtOXVatZgsr3jy_c&e=86b87912756f6790f73a8cbac9ebf7c3&utm_source=ilgp&utm_medium=email&utm_campaign=action_alert_hb_1633&n=3>
*tomorrow, Tuesday, March 5th, at 4 p.m.* Below you will find
instructions on how to fill out an online witness slip to oppose this
noxious legislation, as well as other steps you can take to oppose its
passage. 

*_Why We Oppose HB 1633_*

At best, HB 1633 is an unnecessary bill that creates new draconian
penalties for conduct already covered by existing criminal statutes. It
undermines the promising reform efforts of many lawmakers who are trying
to remedy the harm caused by overcriminalization and mass incarceration
in Illinois and nationally, and it will have a chilling impact on free
speech.

HB 1633 is purportedly designed to protect against “critical damage” to
“critical infrastructure facilities.” On the surface, this seems
unobjectionable. However, Illinois already has laws on the books to
protect against such acts. What this bill actually does is create a
broad new offense that harshly punishes vandalizing, defacing, tampering
with, or “impeding” the operations of critical infrastructure, a
category that includes pipelines, other oil and natural gas facilities,
and military and national guard bases. This new criminal offense would
be a Class 1 felony, punishable by fines of up to $100,000 and 15 years
in prison, *even where there is no actual damage to property.*

To be very clear, the Illinois Green Party is a political organization
devoted to effecting change through nonviolent and lawful means – with
an obvious focus on electoral change. We do not support vandalism and
opposing this bill does not imply support for vandalism, which is
already a criminal offense.

However, we also recognize that nonviolent civil disobedience is as
American as apple pie, and has a long, storied tradition as another
tactic for raising awareness and building public support for social
progress. We oppose it being overly criminalized and punished. We oppose
overly criminalizing conduct that may be intended to expose much
*greater* corporate crimes against public and environmental health and
safety. We also oppose a definition of “critical infrastructure” that
includes facilities perpetuating destructive climate change and that
facilitate war-making. This is the kind of “infrastructure” that must be
phased out, not given special protection.

If HB 1633 is passed, an act of civil disobedience that would be a minor
offense if committed elsewhere could now result in a sentence of up to
15 years in prison. For example, an activist who spray painted an
anti-pipeline slogan on a bulldozer (as our presidential candidate Jill
Stein did at Standing Rock in 2016) would be ensnared by this law.
Whatever one thinks of the underlying actions, *this is a grotesquely
disproportionate penalty.*

Similarly, HB 1633 creates new offenses of trespass and aggravated
trespass to a critical infrastructure facility, with disproportionate
penalties. Currently, a criminal trespass to property is punishable as a
Class B or Class A misdemeanor, depending upon the nature of the
offense. (720 ILCS 5/21-3.) HB 1633 would elevate the penalty for
trespass to a critical infrastructure facility to a Class 4 felony,
punishable by fines of up to $1,000 and 3 years in prison.

Aggravated trespass to a critical infrastructure facility would occur
when “a person who commits a criminal trespass to a critical
infrastructure facility” does so “with the intent to damage, destroy,
vandalize, deface, or tamper with equipment of the facility, or impede
or inhibit operations of the facility.” This would become a Class 3
felony punishable by fines of up to $10,000 and 10 years in prison. Once
again, this creates a situation in which an individual engaged in
peaceful, nonviolent civil disobedience could face years in prison, even
if no property damage took place. In addition,*the language penalizing
trespass with the intent to “impede or inhibit operations” is overbroad.
It could be used to impose severe penalties on individuals whose intent
is to expose or gather evidence of operations posing a threat to
environmental or public health, such as an oil spill.*

Another cause for concern is HB 1633’s amendment to the conspiracy
provision of the Criminal Code, which would make any “organization
convicted of conspiracy to commit criminal damage to a critical
infrastructure facility, criminal trespass to a critical infrastructure
facility, or aggravated criminal trespass to a critical infrastructure
facility” criminally liable for fines “of not less than 10 times the
minimum fine authorized for the offense.”

In sum, this bill, if passed, would create monstrous penalties for
nonviolent offenses. At a time when many people, including lawmakers,
are finally waking up to the negative impacts mass incarceration has had
on our society, and have begun to rectify laws that have
over-criminalized certain conduct or imposed unreasonable penalties,
*HB1633, if adopted, would be a giant step backwards. By creating a
whole new class of nonviolent offenders who could serve serious prison
time, it is antithetical to criminal justice reform. * 

This bill is also part of a larger national trend of “critical
infrastructure” bills promoted by the American Legislative Exchange
Council (ALEC) in order to establish special protections for
corporations engaged in harmful practices that attract opposition and
protest. There is no real known threat to pipelines from criminals and
vandals to justify these bills. They are instead rooted in animus
against anti-pipeline protesters and disfavored social movements.
*Whenever states enact legislation based on animus towards particular
political speech, it has a chilling effect that will be felt widely.
*The real targets of these bills are the civil society groups that help
organize pipeline protests or support grassroots activists on the
ground. The steep fines are meant to silence them and discourage them
from supporting such efforts.

*For these reasons, we urge you to oppose HB1633*.         

    _What You Can Do to Oppose HB 1633_

Once again, HB 1633 is set for a hearing before the House Judiciary -
Criminal Committee
<http://www.ilgp.org/r?u=YcZqQnE0bk40OWjkW5W0Kd6P8OP8Ly_wn4mT__FzWB_vOdI4In1JD7rP6NJtYNvpl-nBFXYVQjfRPIFOeH8CU7qBH9XhtOXVatZgsr3jy_c&e=86b87912756f6790f73a8cbac9ebf7c3&utm_source=ilgp&utm_medium=email&utm_campaign=action_alert_hb_1633&n=4>
*tomorrow, Tuesday, March 5th, at 4 p.m.* *You can let members of this
committee know that you oppose HB 1633 by filling out an online witness
slip stating your opposition.* A witness slip is an on-line form that
allows citizens to make their support or opposition known to Illinois
House and Senate committee members without physically attending a
hearing. (Of course, if you happen to be near Springfield, you can also
attend the hearing in person.)

If you have never filled out a witness slip before, it is best to first
create an account by registering here
<http://www.ilgp.org/r?u=DOVBox0G5uToFZDtvR0StG1o5On6tfubIUhrT4QJcWWDr1p3yY5YisKi7-n2UkU4&e=86b87912756f6790f73a8cbac9ebf7c3&utm_source=ilgp&utm_medium=email&utm_campaign=action_alert_hb_1633&n=5>.
This is a short and easy process. However, you can also fill out a
witness slip as an unregistered user, by following the procedure
described beginning on page 21 of this user manual
<http://www.ilgp.org/r?u=DOVBox0G5uToFZDtvR0StKILiNMcClBx_k5ZCWEc0FVjvmgD3ssqmXf9E_dR2mHtGiyNLV3qR9Zn4hoZR80nmOA_plI_OOtGHkcEs03-Qk8&e=86b87912756f6790f73a8cbac9ebf7c3&utm_source=ilgp&utm_medium=email&utm_campaign=action_alert_hb_1633&n=6>.

Once logged in, you can click here
<http://www.ilgp.org/r?u=DOVBox0G5uToFZDtvR0StDQSq3MZ1qpA_56Bliedx239Q5hfFcVh7WxmF1iJjjntVu9BJO9lPL8oHKjXKz6rtBvsbw_2V_ujAYYXN9ZgZl-gcJjps8GuGr3GAMgrG0lUJs0XOBJ8t1DadkXwbvUY7Q5BK3JpOLdD-iRReknpzOXcMnX2hR7SwWPGsYyJjj2G0Ar5WLUiFeO3Yeaw2-CL9Q&e=86b87912756f6790f73a8cbac9ebf7c3&utm_source=ilgp&utm_medium=email&utm_campaign=action_alert_hb_1633&n=7>
to submit your witness slip in opposition to HB 1633. In the top
section, enter your name, complete address and phone number. Be sure to
fill out each part of the top section – you can enter “Self” under
“Firm/Business or Agency” if you do not wish to enter one, and “N/A” if
you don’t want to enter a title. The Illinois Green Party has already
entered a slip in opposition to this bill, so it is not necessary to
fill out section II unless you wish to do so on behalf of a different
organization. However, be sure to check “Opposition” to the “Original
Bill” in section III. In section IV, check “Record of Appearance Only.”
Oral or written statements can only be submitted in person or by
contacting the committee chairperson to do so.

*Secondly, you can contact your own representative
<http://www.ilgp.org/r?u=YcZqQnE0bk40OWjkW5W0KY5dG0T6KVUREclzhhCUZi4&e=86b87912756f6790f73a8cbac9ebf7c3&utm_source=ilgp&utm_medium=email&utm_campaign=action_alert_hb_1633&n=8>,
and/or the members of the House Judiciary - Criminal Committee
<http://www.ilgp.org/r?u=YcZqQnE0bk40OWjkW5W0Kd6P8OP8Ly_wn4mT__FzWB_vOdI4In1JD7rP6NJtYNvpl-nBFXYVQjfRPIFOeH8CU7qBH9XhtOXVatZgsr3jy_c&e=86b87912756f6790f73a8cbac9ebf7c3&utm_source=ilgp&utm_medium=email&utm_campaign=action_alert_hb_1633&n=9>
and ask them to oppose HB 1633.* (If you are not sure who your current
representative is, you can check your voter registration card for the
district number, or look it up by checking your registration status here
<http://www.ilgp.org/r?u=elD9XTCGokErxnL1zTyPGiA3EEsGiY8bfPtdVYdbun5ZQKkJ4VLZhY6uh7aDiyu7jxx3SrhU4TdpHauzE-HK8A&e=86b87912756f6790f73a8cbac9ebf7c3&utm_source=ilgp&utm_medium=email&utm_campaign=action_alert_hb_1633&n=10>.)

    *Other Illinois Green Party News:*

-- *We are also asking for your support on a number of anti-fracking
bills this legislative session.* We will follow up with more information
soon, but meanwhile, you can view this summary
<http://www.ilgp.org/r?u=lY3dD7-e2KywzGD8oGL14aDEghKrhTeNlUaE6DjutexEzBGVRrL2nz0tQxFFgnfcoHQpGAl0jfmkqrlrKVBBx12OZuJLgu1Xawpcrb1WnmEFpMrX1NBEwPBuNH1sr6oh&e=86b87912756f6790f73a8cbac9ebf7c3&utm_source=ilgp&utm_medium=email&utm_campaign=action_alert_hb_1633&n=11>
at the website of the Illinois Coalition Against Fracking, a coalition
supported by the Illinois Green Party.

-- *We are also asking for your support for Senate Bill 141
<http://www.ilgp.org/r?u=YcZqQnE0bk40OWjkW5W0KUxv8z-hiSG2PYxkpkGyjD5CDmXjHxMNm1kbLx4_KwwsvReSwJTJMZwzR0WyxHpJvTg9y0ACKwwkDI505hEI1p7oRMEGw8BDu2EzesptRVBZaqHL2xsXRxUNHiSbDJIynZ_zFOUY835ayM7Ur8pXgtc&e=86b87912756f6790f73a8cbac9ebf7c3&utm_source=ilgp&utm_medium=email&utm_campaign=action_alert_hb_1633&n=12>,
an important bill to reform Illinois’ highly repressive ballot access
laws,* which unfairly impose ridiculous barriers to the rights of
minority party candidates to appear on the ballot. We will be following
up with more information on that bill soon.

*-- Save the date! Our Spring Conference will be held on Saturday, April
13th, at **Citlalin Gallery, 2005 S. Blue Island, Chicago. *This will be
a one-day conference with an emphasis on discussing strategy for 2020;
it will also include election of officers for the next year and other
important party business. There will also be a fundraising dinner.
Details to be announced.

*-- Reminder: If you have not already done so, **please become a
duespaying member*
<http://www.ilgp.org/ilgp_dues?e=86b87912756f6790f73a8cbac9ebf7c3&utm_source=ilgp&utm_medium=email&utm_campaign=action_alert_hb_1633&n=13>*of
the Illinois Green Party.* Becoming a duespaying member is a requirement
for participating in our decision-making. We are a grass-roots party and
we rely on member contributions – no corporate funding allowed – to
finance our activities. This is the party that fights for you, but we
ask you to support it. A political party is only as strong as its
members make it, by what they do or fail to do. For “us” to succeed,
_you_ need to be an active part of “us.” We are not asking a lot –
standard dues are just $60 a year, and only $12 a year for persons of
low-income – but we do ask you to make this modest contribution to help
our efforts to build a better future for all Illinoisans.

ILGP Media
http://www.ilgp.org/
<http://www.ilgp.org/?e=86b87912756f6790f73a8cbac9ebf7c3&utm_source=ilgp&utm_medium=email&utm_campaign=action_alert_hb_1633&n=14>

-=-=-

Illinois Green Party · 213 S Wheaton Ave, Wheaton, IL 60187, United States

-=-=-

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