Wisconsin Senate Bill SB96

Wisconsin 2023-2024 Regular Session

• Introduced: 3/1/23
• Refer: 3/1/23
• Failed: 4/15/24

Caption

Participation in a riot and providing a penalty.

Impact

If enacted, SB96 would alter the landscape of public order laws in Wisconsin, introducing new definitions and penalties for rioting that reflect a heightened approach to managing civil disturbances. Supporters argue that the legislation is essential for increasing public safety and accountability during events that can devolve into violence. The bill not only creates legal consequences for direct actions taken during a riot but also penalizes those who incite such behaviors, potentially discouraging participation in violent protests or gatherings.

Summary

SB96, introduced in the Wisconsin Legislature, aims to address participation in riots by establishing strict penalties for individuals who incite or engage in violent behaviors during such events. Specifically, the bill categorizes urging or promoting a riot as a Class I felony and criminalizes acts of violence committed while participating in a riot as a Class H felony. The bill defines 'riot' as an assembly of at least three persons involved in a public disturbance that presents a clear and present danger of property damage or personal injury, effectively expanding the state's ability to prosecute individuals involved in such incidents.

Contention

However, the bill has generated significant debate regarding its implications for free speech and civil liberties. Critics have raised concerns that the broad definitions of incitement and participation may infringe upon individuals' rights to peacefully assemble and express their beliefs. There is apprehension that, under the new law, the boundaries of acceptable speech could be blurred, leading to disproportionate enforcement against individuals expressing dissent or participating in protests. As such, the legislation faces scrutiny from civil rights advocates, who argue it could be used to stifle legitimate protests and discussions on critical social issues.