The law protecting legislative proceedings

On both January 3 and July 3 of the 2024 California Legislative Session, the State Assembly Floor Sessions were disrupted and temporarily recessed by protesters in the Gallery. This has raised the question whether there are any laws available to preclude this disruptive behavior.

While we all enjoy the rights of freedom of speech, assembly, and petitioning our government under the First Amendment to the United States Constitution, those rights are not absolute. For example, as many of us learned in law school, “you cannot yell ‘fire!’ in a crowded movie theater.”

In that regard, there are applicable California statutes that can be used to address disruptive behavior in the historic State Capitol, both in the chambers and in committee hearing rooms. Note that this section should be amended to reference the current “Swing Space,” where committee hearings will occur for the next few years.

First, there is California Penal Code Section 171f. This provision of our criminal laws provides the following:

No person or group of persons shall willfully and knowingly:

1. Enter or remain within or upon any part of the chamber of either house of the Legislature unless authorized, pursuant to rules adopted or permission granted by either such house, to enter or remain within or upon a part of the chamber of either such house;
2. Engage in any conduct within the State Capitol which disrupts the orderly conduct of official business.

A violation of this section is a misdemeanor.

As used in this section, “State Capitol” means the building which is intended primarily for use of the legislative department and situated in the area bounded by 10th, L, 15th, and N Streets in the City of Sacramento.

Second, there are two provisions of the California Government Code, which are found in Title 2, Division 2, Part 1, Chapter 1.5, Article 3, which is titled “Crimes Against the Legislative Power.” The first two sections of Article 3 are applicable to disruptive behavior.

Gov’t Code Section 9050 provides the following:

Every person who wilfully, and by force or fraud, prevents the Legislature, either of the houses composing it, or any of the members thereof from meeting or organizing is guilty of a felony.

Gov’t Code Section 9051 provides the following:

Every person who wilfully disturbs the Legislature, or either of the houses composing it, while in session, or who commits any disorderly conduct in the immediate view and presence of either house tending to interrupt its proceedings or impair the respect due to its authority is guilty of a misdemeanor.

Both of these Government Code sections have been on the books since 1943. And these laws are quite clear and straightforward.

In addition, everyone who enters the Gallery can clearly see a sign that basically says, in a layperson’s terms, what existing law provides. The language on these poster boards provides:

State law prohibits persons from the Gallery in engaging in conduct that interferes with legislative proceedings or disrupts the orderly conduct of official business. Prohibited conduct may include actions that pose a safety risk or interfere with the ability of others to see and hear the proceedings.

• No talking or making other noise.
• No leaning over the railing.
• No applause.
• No standing on chairs.
• No packages or bulky items.
• No food or drink.

As a result of this poster, all persons entering the Gallery are on notice regarding prohibited conduct and the applicable laws provide a clear basis for ensuring that official legislative proceedings are not disrupted so that the People’s business can be conducted by our elected Assembly Members and Senators, as well as their staff.