LRBs0142/2
PJH:wlj:pg
2007 - 2008 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2007 ASSEMBLY BILL 92
January 3, 2008 - Offered by Representative Albers.
AB92-ASA1,1,2 1An Act to create 940.198 of the statutes; relating to: participation in a riot
2while in a correctional facility and providing penalties.
Under this substitute amendment, anyone who participates in a riot while
imprisoned, committed to a mental health institution as a sexually violent person,
or in the custody of a law enforcement agency is guilty of a Class F felony and may
be fined up to $25,000, imprisoned for up to 12 years and 6 months, or both. A person
who causes injury while participating in a riot is subject to heavier fines and longer
terms of imprisonment, depending on the severity of the injury.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB92-ASA1, s. 1 3Section 1. 940.198 of the statutes is created to read:
AB92-ASA1,2,2 4940.198 Participation in a riot. (1) In this section, "riot" means a disruption
5that creates a risk of injury or death to any person or damage to property and that
6is committed by 2 or more persons who are confined to a state prison or other state,
7county, or municipal detention facility, who are otherwise in the custody of any law

1enforcement agency in the state, or who are committed to the custody of the
2department of health and family services under chapter 980.
AB92-ASA1,2,3 3(2) Whoever participates in a riot is guilty of a Class F felony.
AB92-ASA1,2,6 4(3) Whoever, while participating in a riot, causes bodily harm to another by an
5act done with intent to cause bodily harm to that person or another without the
6consent of the person so harmed is guilty of a Class E felony.
AB92-ASA1,2,9 7(4) Whoever, while participating in a riot, causes substantial bodily harm to
8another by an act done with intent to cause bodily harm to that person or another
9is guilty of a Class D felony.
AB92-ASA1,2,12 10(5) Whoever, while participating in a riot, causes great bodily harm to another
11by an act done with intent to cause bodily harm to that person or another is guilty
12of a Class C felony.
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