Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB96 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-2108/1
2	2	CMH:kms
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 96
5	5	March 1, 2023 - Introduced by Senators WANGGAARD, BALLWEG, CABRAL-GUEVARA,
6	6	JAMES and MARKLEIN, cosponsored by Representatives SPIROS, BEHNKE,
7	7	CALLAHAN, DITTRICH, DONOVAN, EDMING, GREEN, KITCHENS, MOSES, MURPHY,
8	8	MURSAU, NEYLON, PENTERMAN, PLUMER, RETTINGER and ROZAR. Referred to
9	9	Committee on Judiciary and Public Safety.
10	10	AN ACT to create 947.065 of the statutes; relating to: participation in a riot and
11	11	providing a penalty.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill makes it a Class I felony to urge, promote, organize, encourage, or
14	14	instigate others to commit a riot and a Class H felony to intentionally commit an act
15	15	of violence while participating in a riot.
16	16	The bill defines a “riot” as a public disturbance that involves an act of violence,
17	17	as part of an assembly of at least three persons, that constitutes a clear and present
18	18	danger of property damage or personal injury or a threat of an act of violence, as part
19	19	of an assembly of at least three persons having the ability of immediate execution of
20	20	the threat, if the threatened action constitutes a clear and present danger of property
21	21	damage or personal injury.
22	22	Because this bill creates a new crime or revises a penalty for an existing crime,
23	23	the Joint Review Committee on Criminal Penalties may be requested to prepare a
24	24	report.
25	25	The people of the state of Wisconsin, represented in senate and assembly, do
26	26	enact as follows:
27	27	SECTION 1. 947.065 of the statutes is created to read:
28	28	947.065 Rioting. (1) In this section:
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32	32	4 - 2 -2023 - 2024 Legislature LRB-2108/1
33	33	CMH:kms
34	34	SECTION 1 SENATE BILL 96
35	35	(a) “Incite” means to urge, promote, organize, encourage, or instigate other
36	36	persons. “Incite” does not mean to advocate, orally or in writing, ideas or expressions
37	37	of belief that do not involve urging, promoting, organizing, encouraging, or
38	38	instigating or to assert, orally or in writing, the rightness of, or the right to commit,
39	39	an act.
40	40	(b) “Riot” means a public disturbance involving at least one of the following:
41	41	1. An act of violence by one or more persons that are part of an assembly of at
42	42	least 3 persons, that results in or constitutes a clear and present danger of damage
43	43	to the property of any other person or injury to another person.
44	44	2. A threat of the commission of an act of violence by one or more persons that
45	45	are part of an assembly of at least 3 persons having, individually or collectively, the
46	46	ability to immediately execute the threat, if the performance of the threatened act
47	47	of violence constitutes a clear and present danger of damage to the property of any
48	48	other person or injury to another person.
49	49	(2) Whoever intentionally incites another to commit a riot is guilty of a Class
50	50	I Felony.
51	51	(3) Whoever intentionally commits an act of violence while participating in a
52	52	riot is guilty of a Class H Felony.
53	53	(END)
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