The North Carolina House has approved an anti-riot bill initially put forth in 2021 but vetoed by Gov. Roy Cooper.

House Bill 40 (pdf) would increase penalties for those who engage in riots that result in damage to property, injury, or death.

In a mostly party-line vote, the bill was approved 75–43, with six Democrats voting in favor of the bill. The bill passed with Democrat support by a margin large enough to override a veto.

House Speaker Tim Moore, who reintroduced the bill this session, called it “common-sense” legislation.

Though it enforces harsher penalties for perpetrators of violence and looting, he said the bill preserves “every North Carolinian’s right to protest peacefully.”

Under the proposed law, a person would face felony charges and jail time if he or she caused damage to property or assaulted a citizen or emergency personnel during a protest or a state of emergency.

The North Carolina Department of Insurance told the Triangle Business Journal that nearly 1,000 claims came from businesses in Raleigh, Greensboro, Greenville, and Charlotte between May 30 and June 6, 2020, totaling more than $10 million in property damage after riots broke out in response to the death of George Floyd while in police custody in Minneapolis.

According to a September 2020 report (pdf) from the Raleigh Police Department, a protest on May 30 devolved into acts of violence and property destruction.

Critics of the bill have called it “racist” because they believe it would target black people.

“People who commit crimes during riots and at other times should be prosecuted and our laws provide for that, but this legislation is unnecessary and is intended to intimidate and deter people from exercising their constitutional rights to peacefully protest,” Cooper said after vetoing the 2021 version of the bill.

Dawn Blagrove, executive director and attorney for the social justice organization Emancipate NC, said the bill was a “racist piece of legislation” in a press conference Wednesday.

“This bill came about after massive protests around protecting black lives,” Blagrove said, adding that the lawmakers in support of the bill seemed to be OK with property damage and riots when they’re related to holiday events or sports games.