CMH:cdc
2019 - 2020 LEGISLATURE
November 19, 2019 - Introduced by Representatives Tauchen, Spiros, Tusler,
Steffen, Ballweg, Ramthun, Schraa, Wittke, Kulp, Brandtjen, Dittrich,
Duchow and Tittl, cosponsored by Senator Nass. Referred to Committee on
Criminal Justice and Public Safety.
AB617,1,3
1An Act to renumber 947.01 (1); and
to create 947.01 (1) (b) of the statutes;
2relating to: committing disorderly conduct while wearing a mask and
3providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who engages in violent, abusive, indecent, profane,
boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances
in which the conduct tends to cause or provoke a disturbance commits the crime of
disorderly conduct and is guilty of a Class B misdemeanor.
This bill increases the penalty to a Class A misdemeanor if the person commits
the crime of disorderly conduct while wearing a mask to conceal his or her identity.
The bill provides specific exceptions to the increased penalty such as excepting
masks worn for religious beliefs, masks worn as holiday costumes, masks worn for
protection from the weather, or masks worn for employment purposes.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB617,1
4Section
1. 947.01 (1) of the statutes is renumbered 947.01 (1) (a).
AB617,2
1Section
2. 947.01 (1) (b) of the statutes is created to read:
AB617,2,22
947.01
(1) (b) 1. In this paragraph:
AB617,2,33
a. “Highway” has the meaning given in s. 340.01 (22).
AB617,2,54
b. “Mask” means an item or material that covers the face or part of the face and
5disguises the wearer.
AB617,2,76
2. Whoever, while violating par. (a), wears a mask with the intent to conceal his
7or her identity is guilty of a Class A misdemeanor if any of the following applies:
AB617,2,98
a. The actor uses, enters, or remains on a highway, sidewalk, walkway, or bike
9path.
AB617,2,1110
b. The actor enters or remains on property owned, occupied, or controlled by
11the state or a local governmental unit.
AB617,2,1412
c. The actors holds or participates in a meeting or demonstration on property
13owned, occupied, or controlled by another person unless that person has provided
14written permission to the actor.
AB617,2,1515
3. Subdivision 2. does not apply if any of the following applies:
AB617,2,1616
a. The mask is worn because of religious practices or beliefs.
AB617,2,1717
b. The mask is worn as part of a holiday costume during a holiday season.
AB617,2,1818
c. The mask is worn to provide protection from the elements.
AB617,2,2119
d. The actor is engaged in a trade, employment, or a sporting activity and the
20mask is worn for physical safety of the actor or because of the nature of the trade,
21employment task, or activity.
AB617,2,2322
e. The mask is worn as part of a theatrical production, masquerade ball,
23parade, ceremony, or celebration.
AB617,3,2
1f. The mask is worn as part of a prescribed part of a civil defense drill, a civil
2defense exercise, or emergency.
