[Peace-discuss] HB 1633 looks dead for now ... Re: [Peace] Defending Rights & Dissent: slip now to stop Illinois anti-protest bill

Niloofar Shambayati niloofar.peace at gmail.com
Thu May 30 18:07:58 UTC 2019


Stuart,

Thanks for the background. It's reassuring to know that Ammons and Bennett
have acted responsibly.


Niloofar



On Thu, May 30, 2019 at 12:25 PM Stuart Levy <stuartnlevy at gmail.com> wrote:

> 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> 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>
>> To: Robert Naiman <naiman at justforeignpolicy.org>; Peace-discuss <
>> peace-discuss at lists.chambana.net>
>> Cc: peace <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> 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>
>> 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>
>>
>> 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.
>>
>>
>>
>> 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 | 202.552.7408
>>
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>>
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