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'Interfering with a legislative proceeding' could be a felony offense under bill headed to governor

A police officer arrests a protester at the Kentucky Capitol, Wednesday, March 29, 2023, in Frankfort, Ky. Arrests were made as state lawmakers completed an override of a veto of a transgender bill regulating some of the most personal aspects of life for transgender young people — from banning access to gender-affirming health care to restricting the bathrooms they can use. (AP Photo/Bruce Schreiner)
Bruce Schreiner/AP
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AP
A police officer arrests a protester at the Kentucky Capitol, Wednesday, March 29, 2023, in Frankfort, Ky. Arrests were made as state lawmakers completed an override of a veto of a transgender bill regulating some of the most personal aspects of life for transgender young people — from banning access to gender-affirming health care to restricting the bathrooms they can use. (AP Photo/Bruce Schreiner)

Protesters who impede or obstruct legislative business in Frankfort could face arrest and — if repeated — a felony charge under a bill on its way to the governor.

The bill stems from vocal protests that threatened to drown out proceedings in the Kentucky House when the chamber debated a bill banning gender transition care for minors in 2023.

"The voices in this room are loud," Rep. Sarah Stalker said over the clamor. "So loud that most people can't even be heard as to what is being said on this floor, and that should not be ignored."

While the demonstration — which saw protesters locking arms and chanting — was quelled and the demonstrators removed, that episode has now drawn another response: legislation.

The bill allows chamber leaders to order arrests of anyone committing "interference with a legislative proceeding."

Backers, including Sen. Philip Wheeler, said, while the punishments could land violators behind bars for up to five years, that's not for a first offense.

"They get not one chance. They get not two chances. It's only on the third time when they actually stop the proceeding that the felony attaches," he argued.

But the handful of opponents in the Senate Thursday said the bill is too broadly written and could apply to forms of protest that should be protected. Sen. David Yates said the language goes beyond genuinely intrusive conduct.

Unlike events like the U.S. Capitol insurrection in 2021, which Yates said rose to the level of criminal conduct, "This could be interpreted very different. And for that, I'm a no."

The bill now heads to the governor. If vetoed, lawmakers have two days to overturn that action at the end of the session.