AB 119 — Revises provisions relating to paramilitary activity. (BDR 36-191)

(Reprinted with amendments adopted on April 14, 2025) FIRST REPRINT A.B.

119 AASSEMBLY SSEMBLYBILLN BO ILLN. O.

119–A119–ASSEMBLYMEMBERS SSEMBLYMEMBER Y EAGER AND R OTH PREFILED JANUARY 24, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to paramilitary activity.

(1) defines the term “private paramilitary organization” to mean an organized body consisting of three or more persons who associate under a structure of command for the purpose of functioning or training to function in a public place deems a person or group of persons to engage in paramilitary activity if the person or group of persons knowingly, while acting as part of a private paramilitary organization or in furtherance of any objective of a private paramilitary organization, engages in certain activities.activities while armed with a dangerous weapon or deadly weapon.

(1) investigate alleged paramilitaryany activity;such investigation;

(2)and issue(3) writtenseek investigativean demandsinjunction inagainst connectiona withperson or group ofth persons who has engaged in or is about to engage in paramilitary activity under certain circumstances.

Section 1 also authorizes a person injured as a result of - *AB119_R1* – 2 – paramilitary activity to bring a civil action for damages against a person or group of - *AB119* – 2 – persons who has engaged in paramilitary activity.

IfAny theinformation Attorneyprovided Generalin hasresponse reasonable cause to believean thatinvestigative ademand personissued orpursuant groupto ofsubsection persons2, hasincluding, engagedwithout inlimitation, orany isdocument, aboutrecord, tomaterial, engagetestimony inor paramilitaryanswer, activity,must thenot Attorneybe Generalused may file an action for injunctive relief in theany appropriatecriminal districtprosecution. court to prevent the occurrence or continuance of paramilitary activity.

An injunction issued pursuant to this subsection does not preclude or affect the availability of any other remedy, including, without limitation, the filing or maintenance of a civil action for damages pursuant to subsection 4.

AIf personthe whoAttorney General has sufferedreasonable injurycause asto believe that a resultperson or group of persons has engaged in or is about to engage in paramilitary activityactivity, maythe bringAttorney aGeneral civilmay file an action againstfor ainjunctive personrelief orin groupthe ofappropriate personsdistrict whocourt hasto engagedprevent inthe occurrence or continuance of paramilitary activity.

AAn plaintiffinjunction whoissued prevailspursuant into anthis actionsubsection broughtdoes pursuantnot topreclude thisor subsectionaffect maythe recoveravailability actualof damages,any compensatoryother damages,remedy, attorney’sincluding, feeswithout andlimitation, coststhe andfiling anyor othermaintenance appropriateof relief.a civil action for damages pursuant to subsection 5.

ForA theperson purposeswho ofhas thissuffered section,injury as a personresult or group of personsparamilitary shallactivity bemay deemedbring toa engagecivil inaction paramilitaryagainst activitya if the person or group of persons knowingly,who whilehas actingengaged as part of a - *AB119* – 3 – private paramilitary organization or in furtherance of any objective of a private paramilitary organization:activity.

A plaintiff who prevails in an action brought pursuant to this - *AB119_R1* – 3 – subsection may recover actual damages, compensatory damages, attorney’s fees and costs and any other appropriate relief.

6.

For the purposes of this section, a person or group of persons shall be deemed to engage in paramilitary activity if the person or group of persons knowingly, while acting as part of a private paramilitary organization or in furtherance of any objective of a private paramilitary organization:

or (b) While armed with a dangerous weapon or deadly weapon:

or (2) Substantially interferes with the operations of a governmental entity;

(c)(3) Unlawfully assumes, exercises or asserts a function, power or duty of a peace officer, state or local governmental official or federal official;

(d)(4) Interferes with or impairs or attempts to interfere with or impair the legal rights of another person or group of persons by:

(1)(I) Preventing or attempting to prevent the other person or group of persons from engaging in conduct in which the other person or group of persons has a legal right to engage;

or (2)(II) Causing or attempting to cause the other person or group of persons to engage in conduct from which the other person or group of persons has a legal right to abstain;

or (e)(5) Trains to engage in an activity described in this subsection.

6.7.

- *AB119_R1* – 4 – (e) Members of an organization authorized under state or federal law to provide training in paramilitary operations or law enforcement when:

-8. *AB119* – 4 – 7.

(b) “Dangerous weapon” means any weapon, device, instrument, material or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing substantial bodily harm or death.

(d) “Governmental entity” means an institution, board, commission, bureau, council, department, division, authority or other unit of government of this State, including, withouttywithout or limitation, an agency or political subdivision of this State.

H - *AB119**AB119_R1*