The Kentucky House passed a bill Monday that would create specific criminal penalties for individuals who interfere with a legislative proceeding, including certain forms of protest or disruptive conduct.
Rep. John Blanton, R-Salyersville, said he filed House Bill 626 to ensure the general assembly is not prevented from doing its work on behalf of constituents. He said there is “absolutely nothing wrong” with protesting, but some individuals take things too far.
“Protesting is as American as apple pie,” Blanton said. “It is the foundation of who we are, and I’m fully supportive of that. But when you prevent a legislative body from doing its work, then you cross the line.”
Under HB 626, a person would be guilty of first-degree interference of a legislative proceeding if they knowingly conspire or engage in disorderly or disruptive conduct that disrupts, impedes, or prevents the general assembly from conducting business in any legislative building.
The penalties for first-degree interference of a legislative proceeding are a class A misdemeanor on the first offense and a class D felony on second or subsequent offense.
A person would be guilty of second-degree interference of a legislative proceeding if they enter or remain inside a chamber, gallery or room to disrupt, impede, or prevent the general assembly from conducting its business.
This provision would also apply to individuals who obstruct the movement of a legislator, legislative officer, or legislative staff member within a legislative building.
The penalties for second-degree interference of a legislative proceeding are a class B misdemeanor on the first offense and a class A misdemeanor on second or subsequent offense.
On the House floor, Blanton reminded lawmakers of an incident that occurred during the 2023 legislative session when protestors interrupted a legislative proceeding by chanting loudly from the House gallery. He said HB 626 is needed because current statute doesn’t properly address the issue.
“We all remember what happened last year in this very body, and those folks ended up being charged with criminal trespassing,” Blanton said. “I would argue that that doesn’t necessarily fit either. This is a public place.”
Rep. Daniel Grossberg, D-Louisville, said he disagrees. He believes criminal trespassing is a sufficient charge.
“I just urge we keep the laws on the books and not make it such that people who come to the Capitol and are part of a protest but aren’t themselves acting violently, are dragged into the courtroom and prosecuted due to their dissent,” Grossberg said.
Rep. John Hodgson, R-Fisherville, said he supports Blanton’s explanation of the legislation, but when he reads the bill, he has a few concerns. Before becoming a legislator, Hodgson said, he participated in a few protests at the Kentucky State Capitol.
“My concern here is that as I participated in those as well as organized them, would I have been guilty of the conspiracy offense that you described here?” Hodgson asked.
Blanton said the legislation would not apply to individuals protesting outside the chamber if they are not disrupting a legislative proceeding. He said there have been many times where lawmakers could hear people protesting outside the chamber, but the sound did not disrupt the proceeding. In that instance, no one would be charged.
Hodgson asked Blanton if he would be open to tightening the language in the bill to avoid unintended consequences. Blanton said he would be open as long as it doesn’t change the intent of the legislation.
The House approved HB 626 by a 62-31 vote. It now heads to the Senate for consideration.
Information by the Kentucky Legislative Research Comission.
