Wisconsin Assembly Bill AB88

Wisconsin 2025-2026 Regular Session

• Introduced: 2/28/25
• Refer: 2/28/25

Caption

Civil action for injury or damages resulting from riot or vandalism, participation in a riot, prohibiting certain limitations or restrictions on law enforcement responses to riot or vandalism activity, and providing a penalty.

Impact

The bill proposes a civil cause of action for individuals suffering damages as a result of riot-related activities. Victims of such activities can pursue legal action not only against individuals found guilty but also against organizations providing material support for the violence. This aspect introduces a significant change in the legal landscape, allowing for recovery of damages, which might include reparations for emotional distress and legal costs. The implications of this are extensive, potentially providing victims with a pathway for justice while holding perpetrators accountable for their actions and any supporting entities.

Summary

Assembly Bill 88 introduces significant changes to how the state of Wisconsin addresses riots and vandalism. The bill categorizes certain actions related to riots as criminal offenses, establishing penalties that include Class I felonies for inciting a riot and Class H felonies for violent acts committed during such disturbances. Furthermore, it broadens the legal definition of a riot, emphasizing the collective threat posed by assemblies of three or more individuals that create clear and present dangers to public safety or property. This new legal framework aims to deter organized riots and increase accountability for violent actions taken in these contexts.

Contention

Potential points of contention arise from the bill's provisions regarding the limitations on law enforcement responses to riots. The legislation explicitly prohibits government officials from impeding law enforcement agencies' authority to respond to riot conditions. This could provoke debates about the balance between public safety and the safeguarding of civil liberties. Critics may express concerns that such legislation could overreach, potentially leading to excessive law enforcement measures in managing protests and assemblies. Overall, the bill sets the stage for ongoing discussions about public safety, civil rights, and the appropriate scope of law enforcement authority.