Michigan House Bill HB5528

Michigan 2025-2026 Regular Session

• Introduced: 2/18/26
• Refer: 2/18/26

Caption

Crimes: disorderly conduct; criteria for inciting a riot; clarify. Amends secs. 1 & 2 of 1968 PA 302 (MCL 752.541 & 752.542).

Impact

This legislation seeks to refine existing laws regarding public safety during protests and riots, giving law enforcement clearer guidelines on when a situation has escalated to a riot. By establishing specific criteria for what constitutes a riot and the consequences for inciting such disturbances, the bill aims to protect communities while also maintaining the integrity of lawful protests. However, it raises questions about how the definitions may be applied in practice, potentially leading to overreach against non-violent protestors.

Summary

House Bill 5528 amends the 1968 Public Act 302 concerning the definitions and penalties for rioting and related crimes in Michigan. The bill clarifies that a riot is constituted when five or more individuals engage in violent conduct, which causes or risks causing public terror or alarm. Additionally, it defines incitement to riot as actions that urge others to commit acts of violence, destruction of property, or interference with law enforcement officers. Importantly, the bill also acknowledges the constitutionally protected right to peacefully protest under the First Amendment and state constitution.

Contention

Notable points of contention surrounding HB5528 include concerns from civil rights advocates who worry that the bill may infringe upon the rights of peaceful protestors. Critics argue that the broad definitions of riot and incitement can lead to unjust penalties for individuals merely exercising their rights to free speech and assembly. This tension highlights the ongoing debate over balancing public safety and individual liberties, particularly in the context of social movements and protests.