Top NC lawmaker seeks tougher punishment for people in riots

Moore, R-Cleveland, told members of the House Judiciary 4 committee on Thursday he was disgusted watching from his downtown Raleigh balcony as crowds rioted in the wake of George Floyd's death in police custody in Minnesota.

Under Moore's bill, those who commit such acts would face felony charges and be held in jail for up to 48 hours. If convicted, they could face two years in prison. Property owners also could sue rioters for damages.

"We are a nation of laws, not a nation of mob rule," he said. "Regardless of the political spectrum one comes from, we all have to be able to say that's not right. That's not the way folks should conduct themselves."

"Whether it's left whether it's right, whether it's destroying a downtown or whether it's just – whether it's going in and barging on into the U.S. Capitol and taking over – this the U.S. House and the U.S. Senate floors – those things are not appropriate in a civilized society," he continued.

Daniel Bowes, director of policy and advocacy for the state chapter of the American Civil Liberties Union, called the proposal "unreasonably harsh" and said it would discourage people from engaging in legitimate protests.

"Our state’s riot laws are vague and already punish individuals for the destructive acts of others. This bill would increase these harsh criminal penalties and put North Carolinians at risk of facing felony charges and prison sentences for participating in protests," Bowes said in a statement. "If this proposal becomes law, it will certainly have a disparate impact on Black and brown community members who are calling for racial justice."

"Andrew Brown Jr., we just had his funeral on Monday, and now we're out here on a Thursday having to justify why we need our right to speak up," Childs said, referring to the Elizabeth City man who was shot and killed last month by Pasquotank County deputies.

"Our people are getting killed, our people are being harmed, and the General Assembly – this is backlash because they do not want to see us stand up for the right thing," she added.

Moore said the bill is intended to target only people who are willfully rioting or inciting people to riot. But Childs and others said that's a subjective decision of law enforcement at the scene, adding that people of color often don't fare well in such cases.

"They use the law when they want to, and it's disproportionately used on Black and brown people," Childs said. "So, when we see things like this, we can't trust what Speaker Moore is saying in there. We have to expect the worst because that's what we've seen."

Moore and other Republican leaders have also supported bills this year on criminal justice reform, including creating a duty to intervene if a law enforcement officer sees another officer using excessive force and closing loopholes that let officers with discipline problems bounce from one agency to another.

The rioting bill, which is similar to legislation passed in other states, will likely go before the full House next week.