(The Center Square) – While a Republican-backed bill to raise penalties for inciting and participating in riots cleared the Wisconsin Senate, its future now depends on whether Republican Assembly lawmakers can resolve internal disagreements that have stalled the legislation in committee.
While Senate Bill 94, dubbed an “anti-riot bill” by its co-author, Rep. Shae Sortwell, R-Two Rivers, was approved by a full floor vote in the Senate on Wednesday, its companion Assembly Bill 88 has not left committee.
Without full Senate and Assembly approval, the bill is effectively dead for the session.
Rep. Ron Tusler, R-Harrison, who chairs the Assembly Judiciary Committee, previously said he wouldn’t schedule the legislation for a meeting until its “problems are addressed.”
“Assembly Bill 88, in its current form, fails to be good legislation,” Tusler told The Center Square. “I wanted to give the bill author a chance to explain the bill out of respect for Rep. Sortwell and the victims of riots. But in its current form, this bill has constitutional, common-sense, and enforcement issues.”
Sortwell did not address the bill’s stalling in committee, but previously told The Center Square, “I am in discussions with colleagues on the committee, which is standard practice for bill authors.”
The bill, however, was not revised or amended before receiving approval in the Senate.
Assembly Bill 88 defines a riot as “a public disturbance involving 3 or more people” that includes actual violence or threats of violence.
The bill would make inciting a riot punishable for up to 3.5 years in prison and a fine of up to $10,000, and committing violence during a riot punishable for up to 6 years in prison and a $10,000 fine.
However, it would also limit public officials from stopping or restricting police officers from responding to riots or detaining rioters, and protect whistleblowers who call out public officials who violate those limitations.
The bill would additionally require a court order for offenders to repair or pay for property damage to victims.
A spokesperson for Tusler’s office did not disclose details as to which parts of the legislation he saw as having “constitutional” or “common-sense” issues, adding that the bill is not on Tusler’s priority list as he has been focused primarily on the budget.
On the other hand, a spokesperson for Sortwell’s office said they would continue to try to hold talks with Tusler’s office to get the bill past committee.
Critics argue the bill’s language could lead to people not even involved with a riot being arrested.
“This legislation contains contradictory and unclear language and chills the constitutional rights of speech,” ACLU Wisconsin told The Center Square. “The Constitution does not allow people engaged in lawful protest to be punished for the actions of others, but this bill is attempting to do just that.”
However, Sen. Dan Feyen, R-Fond du Lac, gave support for the bill before the Senate’s floor vote.
“Stricter penalties are needed to deter protestors from crossing that line between a peaceful protest to a violent and dangerous, destructive riot,” Feyen said, adding that the bill is “simple and straightforward.”
The Senate passed the bill in an 18-14 vote along party lines.
At the time of publication, there were no meetings scheduled for the bill in the month of June on the Assembly Committee on Judiciary’s website.
