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LRB-2580/1
CMH:wlj
2017 - 2018 LEGISLATURE
June 19, 2017 - Introduced by Representatives Spiros, Brandtjen, Duchow,
Kremer and Quinn, cosponsored by Senator Wanggaard. Referred to
Committee on Judiciary.
AB397,1,4 1An Act to consolidate, renumber and amend 947.06 (1) and (2); and to create
2947.06 (1m) (intro.) and (a) and 947.06 (6) of the statutes; relating to: going
3armed with a firearm while participating in a riot and providing a criminal
4penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits participating in a riot while going armed with a dangerous
weapon, which includes a firearm. A person who violates the prohibition is guilty of
a Class G 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:
AB397,1 5Section 1. 947.06 (1) and (2) of the statutes are consolidated, renumbered
6947.06 (2m) and amended to read:
AB397,2,4
1947.06 (2m) Sheriffs, their undersheriffs and deputies, constables, marshals,
2and police officers have a duty to suppress unlawful assemblies within their
3jurisdiction. For that reason they may order all persons who are part of an assembly
4to disperse. An “unlawful
AB397,2,15 5(1m) (b) “Unlawful assembly" is means an assembly which consists of 3 or more
6persons and which causes such a disturbance of public order that it is reasonable to
7believe that the assembly will cause injury to persons or damage to property unless
8it is immediately dispersed. (2) An “unlawful assembly" includes an assembly of
9persons who assemble for the purpose of blocking or obstructing the lawful use by any
10other person, or persons of any private or public thoroughfares, property or of any
11positions of access or exit to or from any private or public building, or dwelling place,
12or any portion thereof and which assembly does in fact so block or obstruct the lawful
13use by any other person, or persons of any such private or public thoroughfares,
14property or any position of access or exit to or from any private or public building, or
15dwelling place, or any portion thereof.
AB397,2 16Section 2. 947.06 (1m) (intro.) and (a) of the statutes are created to read:
AB397,2,1717 947.06 (1m) (intro.) In this section:
AB397,2,1818 (a) “Riot” means a public disturbance involving at least one of the following:
AB397,2,2119 1. An act of violence by one or more persons that are part of an assembly of at
20least 3 persons, that constitutes a clear and present danger of, or would result in,
21damage or injury to the property of any other person or to another person.
AB397,3,222 2. A threat of the commission of an act of violence by one or more persons that
23are part of an assembly of at least 3 persons having, individually or collectively, the
24ability of immediate execution of the threat, if the performance of the threatened act

1of violence would constitute a clear and present danger of, or would result in, damage
2or injury to the property of any other person or to another person.
AB397,3 3Section 3. 947.06 (6) of the statutes is created to read:
AB397,3,54 947.06 (6) Whoever participates in a riot while knowingly going armed with
5a dangerous weapon is guilty of a Class G felony.
AB397,3,66 (End)
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