Green Bay Reporter

The new bill authored by State Rep. Elijah R. Behnke in the Wisconsin Assembly seeks to criminalize riot-related violence and safeguard law enforcement responses during public disturbances, according to the Wisconsin State Assembly.

According to the Wisconsin State Legislature's official website, the bill was described as follows: "civil action for injury or damages resulting from riot or vandalism, participation in a riot, prohibiting certain limitations or restrictions on law enforcement responses to riot or vandalism activity, and providing a penalty".

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill criminalizes urging, organizing, or instigating others to riot as a Class I felony and committing violence during a riot as a Class H felony. It defines a riot as a public disturbance involving violence or threats involving at least three people which present a clear danger to property or individuals. The legislation also establishes a civil cause of action for those suffering injury or property loss due to riot or vandalism, allowing victims to sue offenders and those who provided material support. The bill prohibits government officials from restricting law enforcement's response to rioting, ensuring officials cannot limit arrests or restrict officers' actions to quell riots. Additionally, it protects law enforcement employees from retaliation for participating in investigations related to law enforcement's response to riots. The bill mandates offenders to repair property damage and allows recovery of compensatory damages and legal fees regardless of criminal charges.

The bill was co-authored by Senator Dan Feyen (Republican-20th District), Representative Lindee Rae Brill (Republican-27th District), Representative Barbara Dittrich (Republican-99th District), Representative Bob G. Donovan (Republican-61st District), Representative Joy L. Goeben (Republican-5th District). It was co-sponsored by Senator Rachael Cabral-Guevara (Republican-19th District), Senator Steve L. Nass (Republican-11th District), and Senator Cory Tomczyk (Republican-29th District), along 10 other co-sponsors.

Elijah R. Behnke has co-authored or authored another 46 bills since the beginning of the 2025 session, with none of them being enacted.

Behnke graduated from Toccoa Falls College in 2005 with an AA.

Behnke, a Republican, was elected to the Wisconsin State Assembly in 2025 to represent the state's 6th Assembly district, replacing previous state representative Peter Schmidt.

In Wisconsin, the legislative process starts when a senator, constituent, group, or agency proposes an idea for a bill. After drafting, the bill is introduced, numbered, and referred to a committee for review and public input. If approved, it moves through three readings and votes in both the Senate and Assembly. Once both chambers pass the same version, the bill goes to the governor, who can sign it, veto it, or let it become law without a signature. Only a small share of bills introduced each session ultimately become law. You can learn more about the Wisconsin legislative process here.

Bill Number	Date Introduced	Short Description
AB88	02/28/2025	Civil action for injury or damages resulting from riot or vandalism, participation in a riot, prohibiting certain limitations or restrictions on law enforcement responses to riot or vandalism activity, and providing a penalty
AB76	02/28/2025	Creating an individual income tax deduction for certain income earned by an individual from the practice of psychiatry or from providing psychiatric or mental health services. (FE)
AB74	02/28/2025	Parental notification of alleged sexual misconduct by a school staff member. (FE)
AB66	02/24/2025	Dismissing or amending certain criminal charges and deferred prosecution agreements for certain crimes
AB64	02/24/2025	An income tax subtraction for certain expenses paid by a school teacher. (FE)
AB42	02/17/2025	Local regulation of fowl
AB38	02/17/2025	An income tax exemption for cash tips paid to an employee. (FE)
AB36	02/17/2025	Law enforcement and firefighter annuitants in the Wisconsin Retirement System who are rehired by a participating employer. (FE)
AB30	02/17/2025	Prohibiting a foreign adversary from acquiring agricultural or forestry land in this state
AB26	02/17/2025	Battery or threat to jurors and providing a penalty
AB18	02/06/2025	Fee waivers for state park vehicle admission receipts to pupils with Every Kid Outdoors passes. (FE)
AB4	02/03/2025	Required instruction in civics in the elementary and high school grades, high school graduation requirements, and private school educational program criteria. (FE)
AB3	02/03/2025	Incorporating cursive writing into the state model English language arts standards and requiring cursive writing in elementary grades. (FE)