This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
LRB-2579/1
CMH:wlj
2017 - 2018 LEGISLATURE
June 19, 2017 - Introduced by Representatives Spiros, Brandtjen, Jagler,
Kleefisch, Kremer, Quinn and Ripp, cosponsored by Senators Wanggaard,
Kapenga and Nass. Referred to Committee on Judiciary.
AB396,1,3 1An Act to consolidate, renumber and amend 947.06 (1) and (2); and to create
2947.06 (1m) (intro.) and (a) and 947.06 (3m) of the statutes; relating to:
3blocking a thoroughfare as part of a riot and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits blocking or obstructing the lawful use of a thoroughfare while
participating in a riot. A person who violates the prohibition is guilty of a Class A
misdemeanor. 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:
AB396,1 4Section 1. 947.06 (1) and (2) of the statutes are consolidated, renumbered
5947.06 (2m) and amended to read:
AB396,2,26 947.06 (2m) Sheriffs, their undersheriffs and deputies, constables, marshals,
7and police officers have a duty to suppress unlawful assemblies within their

1jurisdiction. For that reason they may order all persons who are part of an assembly
2to disperse. An “unlawful
AB396,2,13 3(1m) (b) “Unlawful assembly" is means an assembly which consists of 3 or more
4persons and which causes such a disturbance of public order that it is reasonable to
5believe that the assembly will cause injury to persons or damage to property unless
6it is immediately dispersed. (2) An “unlawful assembly" includes an assembly of
7persons who assemble for the purpose of blocking or obstructing the lawful use by any
8other person, or persons of any private or public thoroughfares, property or of any
9positions of access or exit to or from any private or public building, or dwelling place,
10or any portion thereof and which assembly does in fact so block or obstruct the lawful
11use by any other person, or persons of any such private or public thoroughfares,
12property or any position of access or exit to or from any private or public building, or
13dwelling place, or any portion thereof.
AB396,2 14Section 2. 947.06 (1m) (intro.) and (a) of the statutes are created to read:
AB396,2,1515 947.06 (1m) (intro.) In this section:
AB396,2,1616 (a) “Riot” means a public disturbance involving at least one of the following:
AB396,2,1917 1. An act of violence by one or more persons that are part of an assembly of at
18least 3 persons, that constitutes a clear and present danger of, or would result in,
19damage or injury to the property of any other person or to another person.
AB396,2,2420 2. A threat of the commission of an act of violence by one or more persons that
21are part of an assembly of at least 3 persons having, individually or collectively, the
22ability of immediate execution of the threat, if the performance of the threatened act
23of violence would constitute a clear and present danger of, or would result in, damage
24or injury to the property of any other person or to another person.
AB396,3 25Section 3. 947.06 (3m) of the statutes is created to read:
AB396,3,4
1947.06 (3m) Whoever blocks or obstructs the lawful use by any other person
2of any private or public thoroughfare, or blocks or obstructs any positions of access
3or exit to any private or public building or dwelling, while participating in a riot is
4guilty of a Class A misdemeanor.
AB396,3,55 (End)
Loading...
Loading...