RICHMOND – The Virginia Senate on Monday rejected a bill to increase the penalty for protesters who remain at the scene of a riot or unlawful assembly after being told to leave.

The legislation, proposed by Sen. Richard Stuart, R-Westmoreland, was defeated on a 14-26 vote, as several Republicans joined Democrats in opposing it. The American Civil Liberties Union said the bill was an overreaction to civil disobedience.

Under Senate Bill 1055, anyone who “remains at the place of any riot or unlawful assembly after having been lawfully warned to disperse” would have been guilty of a Class 1 misdemeanor, punishable by up to 12 months of jail time and a $2,500 fine. Currently, this offense is a Class 3 misdemeanor, which can draw a fine up to $500 but no jail time.

Stuart said he submitted the bill at the request of the Sheriff’s Department in Westmoreland County.

“As a representative of an area, when you have constituents who ask you to bring bills, we are their vehicle to do that,” Stuart said. “So I typically do.”

The legislation drew opposition from Democratic senators. Many of them cited demonstrations from the civil rights movement, the women’s rights movement and Saturday’s Women’s March on Washington.

“I find it ironic that Senate Bill 1055, which increases the penalty for unlawful assembly, was passed on the holiday of Dr. Martin Luther King Jr., an individual who understood the power of nonviolent direct protest and the power of marching,” said Sen. Mamie Locke, D-Hampton. It was on Jan. 16 – Martin Luther King Jr. Day – that the Senate Courts of Justice Committee approved the bill and sent it to the full Senate. The committee’s vote was 8-4, with all Republican members voting yes and all Democratic members voting no.

Sen. John Edwards, D-Roanoke, called SB 1055 “one of the worst bills” he has ever seen.

“This is contrary to what we believe in as Americans, what we believe in as Virginians. I think Thomas Jefferson would roll over in his grave if he thought we were considering something like this,” Edwards said.

A fellow Democrat, Sen. Barbara Favola of Arlington, agreed.

“This bill exacerbates the divide that already exists among individuals that are trying to express themselves in a peaceful way and our police departments and our police forces,” Favola said. “We should encourage peaceful demonstrations.”

Several Republican senators spoke in support of the bill.

“When demonstrations become riot and become violent, I think we need to have the tools to deal with them,” said Sen. Richard Black, R-Loudoun.

Stuart said his bill applied only to riots (although the language also included “unlawful assembly”).

“This has nothing to do with peaceful protest,” Stuart said.

The ACLU of Virginia strongly opposed the legislation.

“In Virginia and in a lot of communities, we are supposed to be moving away from putting more people in jail and more people in prison for typically non-violent crimes, and this is the opposite direction,” said Charlie Schmidt, a public policy lawyer for the ACLU.

By Mary Lee Clark/Capital News Service

Capital News Service is a flagship program of VCU’s Robertson School of Media and Culture. Students participating in the program provide state government coverage for Virginia’s community newspapers and other media outlets, under the supervision of Associate Professor Jeff South.