2017 - 2018 LEGISLATURE
June 19, 2017 - Introduced by Representatives Spiros,
Brandtjen, Kremer, Quinn
and Ripp, cosponsored by Senators Wanggaard, Kapenga and Nass. Referred
to Committee on Judiciary.
1An Act to consolidate, renumber and amend
947.06 (1) and (2); and to create
947.06 (1m) (intro.) and (a) and 947.06 (6) of the statutes; relating to:
3participation in a riot and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
This bill makes participating in a riot a Class I felony. The bill defines a “riot”
as a public disturbance that involves an act of violence, as part of an assembly of at
least three persons, that constitutes a clear and present danger of property damage
or personal injury or a threat of an act of violence, as part of an assembly of at least
three persons having the ability of immediate execution of the threat, if the
threatened action would constitute a clear and present danger of property damage
or personal injury.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
947.06 (1) and (2) of the statutes are consolidated, renumbered 5
947.06 (2m) and amended to read:
Sheriffs, their undersheriffs and deputies, constables, marshals, 7
and police officers have a duty to suppress unlawful assemblies within their
jurisdiction. For that reason they may order all persons who are part of an assembly 2
to disperse. An “unlawful
3(1m) (b) “Unlawful
an assembly which consists of 3 or more 4
persons and which causes such a disturbance of public order that it is reasonable to 5
believe that the assembly will cause injury to persons or damage to property unless 6
it is immediately dispersed. (2)
An “unlawful assembly" includes an assembly of 7
persons who assemble for the purpose of blocking or obstructing the lawful use by any 8
other person, or persons of any private or public thoroughfares, property or of any 9
positions of access or exit to or from any private or public building, or dwelling place,
or any portion thereof and which assembly does in fact so block or obstruct the lawful 11
use by any other person, or persons of any such private or public thoroughfares, 12
property or any position of access or exit to or from any private or public building, or 13
dwelling place, or any portion thereof.
947.06 (1m) (intro.) and (a) of the statutes are created to read:
(intro.) In this section:
(a) “Riot” means a public disturbance involving at least one of the following:
1. An act of violence by one or more persons that are part of an assembly of at 18
least 3 persons, that constitutes a clear and present danger of, or would result in, 19
damage or injury to the property of any other person or to another person.
2. A threat of the commission of an act of violence by one or more persons that 21
are part of an assembly of at least 3 persons having, individually or collectively, the 22
ability of immediate execution of the threat, if the performance of the threatened act 23
of violence would constitute a clear and present danger of, or would result in, damage 24
or injury to the property of any other person or to another person.
947.06 (6) of the statutes is created to read:
Whoever participates in a riot is guilty of a Class I felony.