Wisconsin Senate Bill SB94

Wisconsin 2025-2026 Regular Session

• Introduced: 3/7/25
• Refer: 3/7/25
• Report Pass: 6/5/25
• Engrossed: 6/18/25
• Refer: 7/16/25

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 legislation empowers individuals to bring civil actions against those responsible for damages incurred during riotous or vandalistic behavior, including entities that provide support to the offenders. The bill allows victims to seek reparations, which can include orders to repair property, compensatory damages for losses, and coverage of legal fees. Notably, this new provision may incentivize individuals to pursue legal recourse without the necessity of prior criminal charges being established against the violators.

Summary

Senate Bill 94 establishes a legal framework for addressing injuries and damages resulting from riot and vandalism activities. The bill makes it a Class I felony to incite a riot and a Class H felony to commit violence during such disturbances. A 'riot' is defined as a public disturbance involving at least three persons with the potential for violence or property damage. This legal categorization enhances the ability to prosecute individuals who participate in or promote riots, effectively transforming participation into a criminal offense under stipulated conditions.

Contention

The bill's limitations on government officials regarding law enforcement response to riots, including prohibitions on restricting their authority, has sparked debate. Critics argue that such restrictions could undermine the ability of government entities to manage civil disorder effectively. In contrast, proponents contend that it is crucial to maintain law enforcement's autonomy in crisis situations to ensure effective responses to prevent and quell riots and vandalism. Additionally, existing provisions safeguarding employees who report violations related to the bill bolster whistleblower protections, reflecting a tension between enforcing authority and promoting accountability.