Consideration of a certain definition of antisemitism for purposes of laws, ordinances, policies, or criminal penalty enhancers concerning discrimination based on race, religion, color, or national origin, the official text

2025 - 2026 LEGISLATURE
LRB-4589/1
MPG:cdc

2025 ASSEMBLY BILL 446
September 19, 2025 - Introduced by Representatives Tusler, Dallman, Dittrich, Donovan, Emerson, Gundrum, Gustafson, Knodl, Kreibich, Murphy, O'Connor, Ortiz-Velez, Subeck and Wichgers, cosponsored by Senators Hutton, Cabral-Guevara, Hesselbein, James, Pfaff, Ratcliff, Testin, Wall, Wanggaard and Wirch. Referred to Committee on State Affairs.

An Act to create 20.932 of the statutes; relating to: consideration of a certain definition of antisemitism for purposes of laws, ordinances, policies, or criminal penalty enhancers concerning discrimination based on race, religion, color, or national origin.

Analysis by the Legislative Reference Bureau
This bill provides that each state agency or other body in state government, each local governmental unit, and each employee or official of the state or a local governmental unit must consider the definition of antisemitism adopted by the International Holocaust Remembrance Alliance on May 26, 2016, including its examples, when evaluating evidence of discriminatory intent for any law, ordinance, or policy in Wisconsin that prohibits discrimination based on race, religion, color, or national origin or that provides for enhanced criminal penalties for criminal offenses when the defendant intentionally selects the victim or group of victims or selects the property that is damaged or otherwise affected by the crime because of the victim's or group of victims' actual or perceived race, religion, color, or national origin. The bill specifies that nothing in the bill may be construed to diminish or infringe upon any right protected under the first amendment to the U.S. Constitution or to conflict with federal or state antidiscrimination laws.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 1. 20.932 of the statutes is created to read:
20.932 Discrimination based on antisemitism. (1) Definitions. In this section:
(a) “Local governmental unit” means a political subdivision, a special purpose district, an agency or corporation of a political subdivision or special purpose district, a school district, or a combination or subunit of any of the foregoing, in this state.
(b) “Political subdivision” means a city, village, town, or county.
(c) “State agency” means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law.
(2) Consideration of definition of antisemitism. Each state agency and local governmental unit and each employee or official of this state or of a local governmental unit shall consider the definition of antisemitism adopted by the International Holocaust Remembrance Alliance on May 26, 2016, including its examples, when evaluating evidence of discriminatory intent for any law, ordinance, or policy in this state that prohibits discrimination based on race, religion, color, or national origin or that provides for enhanced criminal penalties for criminal offenses when the defendant intentionally selects the victim or group of victims or selects the property that is damaged or otherwise affected by the crime because of the victim's or group of victims' actual or perceived race, religion, color, or national origin.

(2) Nothing in this section may be construed to diminish or infringe upon any right protected under the first amendment to the U.S. Constitution or to conflict with federal or state antidiscrimination laws.
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