[Peace-discuss] HB 1633 looks dead for now ... Re: [Peace] Defending Rights & Dissent: slip now to stop Illinois anti-protest bill
Stuart Levy
stuartnlevy at gmail.com
Thu May 30 17:25:16 UTC 2019
FYI, this bill passed the House many weeks ago. Note that *Carol
Ammons voted against HB1633*. But the public mobilization wasn't very
far along then, and it passed there by a large margin.
It looks to me (not a lawyer) as though it would also have meant a
felony charge for people participating in a wildcat strike at a coal
mine, and large fines against any organization involved in organizing
one -- not only for things like pipeline protests. A very broad bill.
Since the bill got through the house and went to the senate, lots more
activism has been happening. There were several series of Senate
committee hearings called; there'd be a wave of calls to state senators,
and floods of witness slips in opposition (and a much smaller number in
support); and the hearings would be postponed. This happened at least
three times. A bunch of organizations were involved, including Sierra
Club.
The promoters kept adding amendments trying to make the bill look less
dangerous.
Our Sen. Bennett is co-chair of the criminal law committee where it was
slated to be heard; they would have had to approve it before it could go
to the floor of the full senate.
I haven't heard a statement directly from Bennett on this, but his staff
said several weeks ago that he was against the bill, and he recognized
that there was a lot of opposition to it from his district.
Finally this Tuesday afternoon there was a last-chance hearing.
Something like 5900+ witness slips were filed in opposition to it. It
got through one subcommittee, went to the full criminal law committee,
and was tabled there. So for this session, I *think* it's dead!
We will need to keep watch in future. It did have a lot of co-sponsors
and someone will likely bring it back it next year.
On 5/28/19 11:57 PM, Niloofar Shambayati via Peace-discuss wrote:
> Thanks, Midge, for reminder. I encourage everyone to contact Ammons
> and Bennett directly about this and tell them what we expect from
> them. Carol was awful last time around. She needs to be pushed.
>
> Niloofar
>
> On Wed, May 22, 2019 at 6:24 AM Mildred O'brien via Peace
> <peace at lists.chambana.net <mailto:peace at lists.chambana.net>> wrote:
>
> Me too to all of this said below (including submitting witness
> slip). Too bad there wasn't one when the legislature rubber
> stamped the AIPAC bill 2 years ago (as if dissent would have made
> a difference).
>
> Midge
>
>
> -----Original Message-----
> From: David Green via Peace-discuss
> <peace-discuss at lists.chambana.net
> <mailto:peace-discuss at lists.chambana.net>>
> To: Robert Naiman <naiman at justforeignpolicy.org
> <mailto:naiman at justforeignpolicy.org>>; Peace-discuss
> <peace-discuss at lists.chambana.net
> <mailto:peace-discuss at lists.chambana.net>>
> Cc: peace <peace at lists.chambana.net <mailto:peace at lists.chambana.net>>
> Sent: Tue, May 21, 2019 10:10 am
> Subject: Re: [Peace-discuss] [Peace] Defending Rights & Dissent:
> slip now to stop Illinois anti-protest bill
>
> I have submitted my witness slip, and contacted both state
> rep.offices.
>
> I doubt that Carol Ammons will step up and make a fuss about this
> bill. She has little or no history of challenging Madigan. I will
> be happy to be proved wrong.
>
> Scott Bennett is a prosecutor who like to opportunistically
> grandstand about sexual predators and to attend police-supportive
> functions. His appointment as state senator was a matter of
> cronyism. I also doubt that he will oppose this bill; I will be
> happy to be proved wrong.
>
> DG
>
> On Tue, May 21, 2019 at 8:23 AM Robert Naiman via Peace
> <peace at lists.chambana.net <mailto:peace at lists.chambana.net>> wrote:
>
>
> The fact that this bill is a going proposition in the
> Democratic-controlled Illinois legislature is pretty
> disturbing. Is this why we have a Democratic-controlled
> Illinois government? So they can vote to take away our right
> to protest the fossil fuel industry that's destroying our planet?
>
> Please slip against the bill, and ask Rep. Ammons to lead the
> fight to block this assault on our right to protest.
>
> ---------- Forwarded message ---------
> From: *Sue at Defending Rights & Dissent*
> <info at rightsanddissent.org <mailto:info at rightsanddissent.org>>
> Date: Mon, May 20, 2019 at 5:03 PM
> Subject: The vote is tomorrow: take action to stop Illinois
> anti-protest bill
> To: Robert Naiman <naiman at justforeignpolicy.org
> <mailto:naiman at justforeignpolicy.org>>
>
> Robert,
>
> I guess you might be tired of hearing from me about this
> terrible bill winding its way through the Illinois
> legislature... but here we go again.
>
> HB1633
> <https://default.salsalabs.org/Tbafc3727-fefb-4e51-9adf-0b9e6bdea52b/a73233ab-83f8-4f98-ba57-2cebd3646427>
> would create draconian new penalties for protests at
> pipelines, refineries, and other sites deemed "critical
> infrastructure." The bill also includes a "guilty by
> association" provision that would impose catastrophic fines on
> organizations that support these grassroots protests. /Please
> see below for more details about the bill./
>
> *Can you take two minutes to file 2 witness slips against the
> bill?* It's not as easy as signing a petition, especially
> because I need to ask you to file two witness slips, one for
> the subcommittee, one for the committee. But this is the best
> way to convey your opposition.
>
> *Click here to file a witness slip to OPPOSE the bill in
> Subcommittee.*
> <https://default.salsalabs.org/T6a31c7fb-568b-4365-9e7f-fd471b8bab06/a73233ab-83f8-4f98-ba57-2cebd3646427>
>
>
> Then come back to this email and...
>
> *Click here to file a witness slip to OPPOSE the bill
> in Committee*
> <https://default.salsalabs.org/T43f80b4c-ab9a-4d0f-9c8f-22d23fed3185/a73233ab-83f8-4f98-ba57-2cebd3646427>
>
>
> I agree the forms ask for too much information and are not
> very clear... but it is easier than driving to Springfield for
> most. /The key is to remember to check yourself as an Opponent
> to the bill, /and check "record of appearance only"
>
> HB1633 is backed by ALEC, the extractive industry and other
> corporate interests, and has bi-partisan support. It is
> scheduled for a hearing in the Senate Criminal Law Committee
> on Tuesday, May 21 at 5 p.m.
>
> Let's show that people power can overcome corporate greed, and
> we won't give up our right to dissent without a fight.
>
>
> Please take action against this anti-protest bill now:
>
> *Click here
> <https://default.salsalabs.org/Tf2a6fb76-65b0-43f5-8867-ea98212a5e74/a73233ab-83f8-4f98-ba57-2cebd3646427>...
> and then return to this email and click here
> <https://default.salsalabs.org/Taacf8218-43e5-4ead-9734-82b4dce2512d/a73233ab-83f8-4f98-ba57-2cebd3646427>..... to
> submit OPPOSITION witness slips to HB1633 for the subcommittee
> and committee*. The process takes a minute and is important,
> it allows you to "testify" against a bill without being
> present in Springfield. The links above will take you to the
> Illinois general assembly website where you'll be able to fill
> out the witness slips against HB1633. Fill out all your info,
> mark yourself as an OPPONENT to the bill, and check "record of
> appearance only"
>
> *The hearing for the bill is TOMORROW, Tuesday, May 21 so
> please fill out your witness slips today!*
>
> Stay Loud, Stay Strong,
>
> Sue
>
>
> More about HB1633:
>
> Fifty Illinois and national organizations signed the following
> letter (also available here
> <https://default.salsalabs.org/T0ce9aaca-8499-4dc0-bec0-1555ac0c0aa9/a73233ab-83f8-4f98-ba57-2cebd3646427>).
>
>
> To Members of the Illinois Senate:
>
> The undersigned racial justice, criminal justice reform, and
> other civil society groups and individuals urge you to oppose
> Illinois House Bill 1633. The bill undermines the promising
> reform efforts in Illinois and nationally designed to remedy
> the harm caused by mass incarceration, and it threatens to
> silence already marginalized voices. HB 1633 is an unnecessary
> proposal that creates new draconian penalties for conduct
> already covered by existing criminal statutes and could have
> dire unintended consequences, including for youth. HB 1633 is
> part of a national trend of so-called “critical
> infrastructure” legislation promoted by the American
> Legislative Exchange Council (ALEC) that is intended to
> neutralize climate justice activism. We urge you to oppose HB
> 1633.
>
> Critical infrastructure bills disproportionately affect some
> of the most underrepresented communities, criminalizing their
> right to protest. These bills target many already marginalized
> voices, in reaction to some of the most high-profile protests
> in recent history. Native Americans—women, in particular—are
> playing an important role as “water protectors” in protests
> against pipelines; low-income communities of color are most
> affected by unchecked environmental pollution; family farms
> have the most to lose by unfair land-grabs for large
> infrastructure projects. These communities have a right to
> peacefully resist environmentally unsafe and unjust policies,
> and unchecked corporate abuse.
>
> HB 1633 is purportedly designed to protect critical
> infrastructure, but the definition of “critical
> infrastructure” is overly broad and would cover large swaths
> of the state in urban, suburban, and rural areas, creating the
> unintended consequence of ensnaring many in Illinois’ already
> overburdened criminal justice system. For example, someone
> trespassing in rail yards or on el-tracks without intent to
> damage or destroy could be charged with a class 4 felony
> punishable by a fine of $1,000, one to three years
> imprisonment, or both. Currently, 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).
>
> Additionally, the bill does not distinguish between criminal
> damages of one dollar or a million dollars. Each would be
> eligible for the same penalty of ten years in prison and a
> $100,000 fine. At a time when many people, including
> lawmakers, have recognized the deleterious effects that mass
> incarceration has had on society and have attempted to rectify
> laws that have criminalized certain conduct or imposed
> unreasonable penalties, HB 1633, is 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.
>
> Environmental advocacy, including civil disobedience, does not
> threaten physical infrastructure or safety, it threatens
> corporations that put profits and pollution ahead of justice
> and the environment. Critical infrastructure bills are based
> on model legislation crafted by corporate interests to
> establish special protections for some private industries
> engaged in controversial practices that attract opposition and
> protest. These bills, including HB 1633, are rooted in animus
> against environmental justice advocacy because it threatens
> the profits of these corporations. Whenever states enact
> legislation based on animus towards particular political
> speech it has a chilling effect that will be felt widely.
>
> We urge you to oppose HB 1633. From a criminal justice reform
> perspective, this bill is damaging, as it creates new steep
> penalties for conduct that is already covered under existing
> criminal law. These new steep penalties and special
> protections for so-called critical infrastructure are rooted
> in animus towards anti-pipeline protesters. It is
> inappropriate for states to seek to legislation in order to
> penalize individuals for their First Amendment-protected
> points of view.
>
> Please direct questions to Sue Udry, Defending Rights &
> Dissent, at 202.552.7408 or sue at rightsanddissent.org
> <mailto:sue at rightsanddissent.org>.
>
>
>
> Sincerely,
>
> 350 Chicago
>
> 350 Kishwaukee (IL)
>
> American Friends Service Committee - Chicago
>
> Area Consortium of Educational Service For Our Youth
> (DBA:A.C.E.S. 4 Youth)
>
> Chicago Area Peace Action
>
> Chicago Food Policy Action Council
>
> Chicago SE Side Coalition to Ban Petcoke (SSCBP)
>
> Clean Power Lake County
>
> Climate Defense Project
>
> Color Of Change
>
> Crossroads Fund
>
> Defending Rights & Dissent
>
> Earth Defense Coalition
>
> Eco-Justice Collaborative
>
> Extinction Rebellion Chicago
>
> Faith In Place Action Fund
>
> Food & Water Watch
>
> Fox Valley Citizens for Peace & Justice
>
> Frack Free Illinois
>
> Friends of Bell Smith Springs
>
> Grassroots Collaborative
>
> Greater Highland Area Concerned Citizens
>
> Greenpeace USA
>
> Indivisible Chicago
>
> Indivisible South Suburban Chicago
>
> Illinois Green Party
>
> Illinois People's Action
>
> Lifted Voices
>
> Little Village Environmental Justice Organization
>
> Moms Demand Action
>
> National Lawyers Guild
>
> National Lawyers Guild – Chicago Chapter
>
> National Lawyers Guild - St. Louis Chapter
>
> Native Organizers Alliance
>
> Northern Illinois Jobs with Justice
>
> Nuclear Energy Information Service -NEIS-
>
> Occupy Rockford
>
> Palestine Legal
>
> Reform for Illinois
>
> Save Our Illinois Land
>
> Shawnee Forest Defense!
>
> Sierra Club, Illinois Chapter
>
> Southern Illinois DSA
>
> Southern Illinoisans Against Fracturing Our Environment
>
> The People's Lobby
>
> Vinyard Indian Settlement
>
> Water Protector Legal Collective
>
> Will County Progressives
>
> WindSolarUSA, Inc.
>
> X-Lab
>
> *Read more about "Critical Infrastructure" bills in our
> toolkit for activists here
> <https://default.salsalabs.org/Tbd6072d7-b107-4930-97e0-78e8044732e2/a73233ab-83f8-4f98-ba57-2cebd3646427>.*
>
>
>
>
>
> To take action against this anti-protest bill:
>
> Today I am asking you to submit 2 witness slips:
>
> *Click here to file a witness slip to OPPOSE the bill in
> Subcommittee.*
> <https://default.salsalabs.org/T6aecc2f8-1180-4eb5-8386-aac64cf0a00e/a73233ab-83f8-4f98-ba57-2cebd3646427>
>
>
> *Click here to file a witness slip to OPPOSE the bill
> in Committee*
> <https://default.salsalabs.org/Tf3458f02-ca8b-42a7-9995-864e8739375c/a73233ab-83f8-4f98-ba57-2cebd3646427>
>
>
> The process takes just a minute and is important, it allows
> you to "testify" against a bill without being present in
> Springfield. The links above will take you to the Illinois
> general assembly website where you'll be able to fill out
> witness slips in OPPOSITION to HB1633.
>
> The form is not the easiest to understand, but you can do it!
> Fill out your info and mark yourself as an OPPONENT to the
> bill and "record of appearance only".
>
> *The vote will be
> Tuesday, May 21 at 5 pm
> So Please Take Action Now!*
>
>
>
>
>
> Photo Credits:
>
> People over pipelines by Fibonacci Blue
> <https://default.salsalabs.org/T9d63a693-3646-41d8-8b95-c7273e3eab91/a73233ab-83f8-4f98-ba57-2cebd3646427>
>
>
> Eat Pray Protest by David Geitgey Sierralupe
> <https://default.salsalabs.org/T35b7d08d-fe59-4c6c-b38c-1f06918fe2ab/a73233ab-83f8-4f98-ba57-2cebd3646427>
>
>
> Repeal the Patriot Act by DRAD staff
>
> Donate
> <https://default.salsalabs.org/T647670b5-f7e6-4657-8224-747db112e4c5/a73233ab-83f8-4f98-ba57-2cebd3646427>
>
>
> *Get in Touch:* hello at rightsanddissent.org
> <mailto:hello at rightsanddissent.org> | 202.552.7408
>
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>
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