Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB88 Compare Versions

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

Old	New	Differences
1	1	2025 - 2026 LEGISLATURE
2	2	LRB-0113/1
3	3	SWB:skw
4	4	2025 ASSEMBLY BILL 88
5	5	February 28, 2025 - Introduced by Representatives SORTWELL, BEHNKE, BRILL,
6	6	DITTRICH, DONOVAN, GOEBEN, GUNDRUM, B. JACOBSON, KNODL, MAXEY,
7	7	MOSES, MURPHY, MURSAU, O'CONNOR, TUSLER and WICHGERS, cosponsored by
8	8	Senators FEYEN, CABRAL-GUEVARA, NASS, TOMCZYK and WANGGAARD.
9	9	Referred to Committee on Judiciary.
10	10
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to create 66.0511 (5), 895.4465 and 947.065 of the statutes; relating
13	13	to: civil action for injury or damages resulting from riot or vandalism,
14	14	participation in a riot, prohibiting certain limitations or restrictions on law
15	15	enforcement responses to riot or vandalism activity, and providing a penalty.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill makes it a Class I felony to urge, promote, organize, encourage, or
18	18	instigate others to commit a riot and a Class H felony to intentionally commit an act
19	19	of violence while participating in a riot.
20	20	The bill defines a XriotY as a public disturbance that involves an act of violence,
21	21	as part of an assembly of at least three persons, that constitutes a clear and present
22	22	danger of property damage or personal injury or a threat of an act of violence, as
23	23	part of an assembly of at least three persons having the ability of immediate
24	24	execution of the threat, if the threatened action constitutes a clear and present
25	25	danger of property damage or personal injury.
26	26	The bill establishes a civil cause of action for any person who suffers injury or
27	27	loss to person or property as a result of conduct that violates the criminal
28	28	prohibitions on vandalism or participation in a riot. The bill allows a person to
29	29	bring a civil action against a person who committed the violation and against any
30	30	person or organization that provided material support or resources with the intent
31	31	1
32	32	2
33	33	3
34	34	4 2025 - 2026 Legislature
35	35	ASSEMBLY BILL 88
36	36	- 2 - LRB-0113/1
37	37	SWB:skw
38	38	SECTION 1
39	39	that such support or resources would be used to perpetrate the offense. The person
40	40	bringing the action may obtain an order requiring the offender to fix or repair the
41	41	damage caused to the person[s property if certain requirements set forth in the bill
42	42	are met.
43	43	The bill also prohibits any government official with authority over any law
44	44	enforcement agency or law enforcement officers from limiting or restricting the
45	45	authority of the agency to have its officers, or certain officers, arrest or detain
46	46	individuals involved in a riot or vandalism activity or take action to quell a riot or
47	47	vandalism activity. The bill also prohibits any government official with authority
48	48	over any law enforcement agency from limiting or restricting the authority of law
49	49	enforcement officers, or certain designated law enforcement officers, to arrest or
50	50	detain individuals involved in a riot or vandalism activity or to take action to quell
51	51	a riot or vandalism activity. Finally, the bill provides that no government official,
52	52	law enforcement agency, or law enforcement officer may discharge, demote,
53	53	reassign, or take any punitive action against any employee because the employee
54	54	made a charge, testified, assisted, or participated in any manner in any
55	55	investigation, proceeding, or hearing regarding a violation of the prohibitions on
56	56	government officials set forth in the bill.
57	57	Because this bill creates a new crime or revises a penalty for an existing crime,
58	58	the Joint Review Committee on Criminal Penalties may be requested to prepare a
59	59	report.
60	60	The people of the state of Wisconsin, represented in senate and assembly, do
61	61	enact as follows:
62	62	SECTION 1. 66.0511 (5) of the statutes is created to read:
63	63	66.0511 (5) RIOT OR VANDALISM ACTIVITY POLICIES. (a) In this subsection:
64	64	1. XGovernment entityY means the state, a state agency, a political
65	65	subdivision, or any entity of local government.
66	66	2. XGovernment officialY means any elected or appointed officer, employee, or
67	67	agent of a government entity, other than a law enforcement officer, whether in a
68	68	temporary or permanent capacity.
69	69	3. XLaw enforcement officerY means any person employed by the state or any
70	70	political subdivision of the state, for the purpose of detecting and preventing crime
71	71	1
72	72	2
73	73	3
74	74	4
75	75	5
76	76	6
77	77	7
78	78	8
79	79	9 2025 - 2026 Legislature
80	80	ASSEMBLY BILL 88
81	81	- 3 - LRB-0113/1
82	82	SWB:skw
83	83	SECTION 1
84	84	and enforcing laws or ordinances and who is authorized to make arrests for
85	85	violations of the laws or ordinances that the person is employed to enforce.
86	86	4. XPolitical subdivisionY means a city, village, town, or county.
87	87	5. XRiot or vandalism activityY means any conduct that is in violation of s.
88	88	943.01 or 947.065 or in violation of any ordinance that is substantially equivalent to
89	89	either of those sections.
90	90	(b) No government official with authority over any law enforcement agency or
91	91	law enforcement officers may do any of the following:
92	92	1. Limit or restrict the authority of the law enforcement agency to have its law
93	93	enforcement officers, or certain designated law enforcement officers of the agency,
94	94	arrest or detain individuals involved in a riot or vandalism activity or take action to
95	95	quell a riot or vandalism activity.
96	96	2. Limit or restrict the authority of law enforcement officers, or certain
97	97	designated law enforcement officers of a law enforcement agency, to arrest or detain
98	98	individuals involved in a riot or vandalism activity or to take action to quell a riot or
99	99	vandalism activity.
100	100	(c) No government official, law enforcement agency, or law enforcement officer
101	101	may discharge, demote, reassign, or take any punitive action against any employee
102	102	because the employee made a charge, testified, assisted, or participated in any
103	103	manner in any investigation, proceeding, or hearing regarding a violation of par. (b).
104	104	SECTION 2. 895.4465 of the statutes is created to read:
105	105	895.4465 Action for injury or loss caused by riot or vandalism activity.
106	106	(1) In this section, Xmaterial support or resourcesY means currency, payment
107	107	1
108	108	2
109	109	3
110	110	4
111	111	5
112	112	6
113	113	7
114	114	8
115	115	9
116	116	10
117	117	11
118	118	12
119	119	13
120	120	14
121	121	15
122	122	16
123	123	17
124	124	18
125	125	19
126	126	20
127	127	21
128	128	22
129	129	23 2025 - 2026 Legislature
130	130	ASSEMBLY BILL 88
131	131	- 4 - LRB-0113/1
132	132	SWB:skw
133	133	SECTION 2
134	134	instruments, other financial securities, funds, transfer of funds, financial services,
135	135	communications, lodging, training, safe houses, false documentation or
136	136	identification, communications equipment, facilities, weapons, lethal substances,
137	137	explosives, personnel, transportation, and other physical assets, except medicine or
138	138	religious materials.
139	139	(2) (a) Any person who suffers injury or loss to person or property as a result
140	140	of an act committed in violation of s. 943.01 or 947.065 has a civil action against any
141	141	person who committed the violation and against any person or organization that
142	142	provided material support or resources with the intent that the material support or
143	143	resources would be used to perpetrate the offense. In the action, the person
144	144	bringing the action may obtain an order requiring the offender to fix or repair the
145	145	damage to property that was suffered by the person and may recover other damages
146	146	as set forth in pars. (b) and (c).
147	147	(b) 1. In a civil action brought under par. (a), if the person who brings the
148	148	action proves that the offender[s conduct is in violation of s. 943.01 or 947.065, or
149	149	that the conduct of any person in violation of either of s. 943.01 or 947.065 that
150	150	occurred at the same time as, was part of a common scheme or plan with, or was
151	151	part of a course of criminal conduct with the offender[s violation of either of those
152	152	sections and damage to property that was suffered by the person was a natural and
153	153	probable consequence of that person[s conduct, there is a presumption that the
154	154	offender shall be required to fix or repair the damage to property that occurred as a
155	155	natural and probable consequence of that conduct. The presumption applies with
156	156	1
157	157	2
158	158	3
159	159	4
160	160	5
161	161	6
162	162	7
163	163	8
164	164	9
165	165	10
166	166	11
167	167	12
168	168	13
169	169	14
170	170	15
171	171	16
172	172	17
173	173	18
174	174	19
175	175	20
176	176	21
177	177	22 2025 - 2026 Legislature
178	178	ASSEMBLY BILL 88
179	179	- 5 - LRB-0113/1
180	180	SWB:skw
181	181	SECTION 2
182	182	respect to each item of property that was damaged as a natural and probable
183	183	consequence of that conduct.
184	184	2. The presumption set forth in subd. 1. does not apply with respect to a
185	185	particular item of property, and the court may not issue an order requiring the
186	186	offender against whom the civil action is brought to fix or repair damage to that
187	187	item of property that occurred as a natural and probable consequence of the conduct
188	188	described in subd. 1. if the offender proves by clear and convincing evidence that the
189	189	offender did not personally engage in conduct in violation of s. 943.01 or 947.065 the
190	190	natural and probable consequence of which was damage to that item of property.
191	191	3. If the presumption described in subd. 1. applies, the court shall issue an
192	192	order requiring the offender against whom the civil action is brought to fix or repair
193	193	the damage to property that occurred as a natural and probable consequence of the
194	194	conduct described in subd. 1.
195	195	(c) In a civil action brought under par. (a), in addition to obtaining an order as
196	196	described in par. (b) requiring the offender against whom the action is brought to fix
197	197	or repair the damage to property that occurred as a natural and probable
198	198	consequence of conduct described in par. (b) 1., if applicable, the person who brings
199	199	the action may recover full compensatory damages, including damages for
200	200	emotional distress, and may recover court costs, other reasonable expenses incurred
201	201	in maintaining the action, and, notwithstanding s. 814.04 (1), reasonable attorney[s
202	202	fees incurred in maintaining the action.
203	203	(d) A person may bring a cause of action for violation of this section regardless
204	204	1
205	205	2
206	206	3
207	207	4
208	208	5
209	209	6
210	210	7
211	211	8
212	212	9
213	213	10
214	214	11
215	215	12
216	216	13
217	217	14
218	218	15
219	219	16
220	220	17
221	221	18
222	222	19
223	223	20
224	224	21
225	225	22 2025 - 2026 Legislature
226	226	ASSEMBLY BILL 88
227	227	- 6 - LRB-0113/1
228	228	SWB:skw
229	229	SECTION 2
230	230	of whether any person has been charged with or convicted of a violation of s. 943.01
231	231	or 947.065.
232	232	(e) For purposes of this subsection, when issuing an order for a person to fix or
233	233	repair the damage to property, the court may order the person either to personally
234	234	fix or repair the damage to the property that occurred as a natural and probable
235	235	consequence of the person[s conduct in violation of s. 943.01 or 947.065, to the
236	236	extent practicable, or to pay the cost of fixing or repairing the damage to the
237	237	property that occurred as a natural and probable consequence of the person[s
238	238	conduct in violation of s. 943.01 or 947.065.
239	239	SECTION 3. 947.065 of the statutes is created to read:
240	240	947.065 Rioting. (1) In this section:
241	241	(a) XInciteY means to urge, promote, organize, encourage, or instigate other
242	242	persons. XInciteY does not mean to advocate, orally or in writing, ideas or
243	243	expressions of belief that do not involve urging, promoting, organizing, encouraging,
244	244	or instigating or to assert, orally or in writing, the rightness of, or the right to
245	245	commit, an act.
246	246	(b) XRiotY means a public disturbance involving at least one of the following:
247	247	1. An act of violence by one or more persons that are part of an assembly of at
248	248	least 3 persons, that results in or constitutes a clear and present danger of damage
249	249	to the property of any other person or injury to another person.
250	250	2. A threat of the commission of an act of violence by one or more persons that
251	251	are part of an assembly of at least 3 persons having, individually or collectively, the
252	252	ability to immediately execute the threat, if the performance of the threatened act
253	253	1
254	254	2
255	255	3
256	256	4
257	257	5
258	258	6
259	259	7
260	260	8
261	261	9
262	262	10
263	263	11
264	264	12
265	265	13
266	266	14
267	267	15
268	268	16
269	269	17
270	270	18
271	271	19
272	272	20
273	273	21
274	274	22
275	275	23 2025 - 2026 Legislature
276	276	ASSEMBLY BILL 88
277	277	- 7 - LRB-0113/1
278	278	SWB:skw
279	279	SECTION 3
280	280	of violence constitutes a clear and present danger of damage to the property of any
281	281	other person or injury to another person.
282	282	(2) Whoever intentionally incites another to commit a riot is guilty of a Class
283	283	I felony.
284	284	(3) Whoever intentionally commits an act of violence while participating in a
285	285	riot is guilty of a Class H felony.
286	286	(END)
287	287	1
288	288	2
289	289	3
290	290	4
291	291	5
292	292	6
293	293	7