AB92-ASA1,2,2316 895.57 (2) A person who intentionally releases an animal that is lawfully
17confined for scientific, farming, companionship or protection of persons or property,
18recreation, restocking, research, exhibition, commercial or educational purposes,
19acting without the consent of the owner or custodian of the animal, is liable to the
20owner or custodian of the animal for damages, which punitive damages, attorney fees
21and interest on the amount of the damages incurred at the rate of 12% per year from
22the date of the intentional release. The damages awarded
shall include the costs of
23restoring the animal to confinement.
AB92-ASA1, s. 8 24Section 8. 895.57 (4) of the statutes is created to read:
AB92-ASA1,2,2525 895.57 (4) (a) In this subsection, "security device" includes any of the following:
AB92-ASA1,3,1
11. Any fence enumerated under s. 90.02.
AB92-ASA1,3,32 2. A theft alarm signal device, a burglar alarm or any other security alarm
3system or device.
AB92-ASA1,3,44 3. A dog.
AB92-ASA1,3,75 (b) Subject to par. (d), an owner or custodian of a confined animal is immune
6from civil liability for any damages to a person who suffers the damages while
7violating or attempting to violate s. 943.75 (2) or (2m).
AB92-ASA1,3,98 (c) An owner or custodian of an animal that is released in violation of s. 943.75
9(2) or (2m) is immune from liability for any damages caused by that released animal.
AB92-ASA1,3,1210 (d) The immunity provided to an owner or custodian of a confined animal under
11par. (b) does not apply if the injury was caused by a security device that is intended
12or likely to cause death or great bodily harm, as defined in s. 939.22 (14).
AB92-ASA1, s. 9 13Section 9. 943.75 (1) (a) of the statutes is renumbered 943.75 (1) (am).
AB92-ASA1, s. 10 14Section 10. 943.75 (1) (ad) of the statutes is created to read:
AB92-ASA1,3,1615 943.75 (1) (ad) "Animal" means all vertebrate and invertebrate species,
16including mammals, birds, fish and shellfish but excluding humans.
AB92-ASA1, s. 11 17Section 11. 943.75 (1) (am) of the statutes, as affected by 1997 Wisconsin Acts
18192
and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:
AB92-ASA1,3,1919 943.75 (1) (am) "Humane officer" means an officer appointed under s. 173.03.
AB92-ASA1, s. 12 20Section 12. 943.75 (2) of the statutes is amended to read:
AB92-ASA1,4,221 943.75 (2) Whoever intentionally releases an animal that is lawfully confined
22for scientific, farming, companionship or protection of persons or property,
23recreation, restocking, research, exhibition, commercial or educational purposes,
24acting without the consent of the owner or custodian of the animal, is guilty of a Class

1C misdemeanor. A 2nd violation of this section by a person is a Class A misdemeanor.
2A 3rd or subsequent violation of this section by a person is a Class E felony.
AB92-ASA1, s. 13 3Section 13. 943.75 (2m) of the statutes is created to read:
AB92-ASA1,4,74 943.75 (2m) Whoever intentionally releases an animal that is lawfully
5confined for scientific, farming, restocking, research or commercial purposes, acting
6without the consent of the owner or custodian of the animal, is guilty of a Class C
7felony.
AB92-ASA1, s. 14 8Section 14. 943.75 (3) of the statutes is amended to read:
AB92-ASA1,4,169 943.75 (3) Subsection Subsections (2) does and (2m) do not apply to any
10humane officer, local health officer, peace officer, employe of the department of
11natural resources while on any land licensed under s. 29.865, 29.867, 29.869 or
1229.871 or designated as a wildlife refuge under s. 29.621 (1) or employe of the
13department of agriculture, trade and consumer protection if the officer's or employe's
14acts are in good faith and in an apparently authorized and reasonable fulfillment of
15his or her duties. This subsection does not limit any other person from claiming the
16defense of privilege under s. 939.45 (3).
AB92-ASA1, s. 15 17Section 15. 943.75 (4) of the statutes is amended to read:
AB92-ASA1,4,2118 943.75 (4) When the existence of an exception under sub. (3) has been placed
19in issue by the trial evidence, the state must prove beyond a reasonable doubt that
20the facts constituting the exception do not exist in order to sustain a finding of guilt
21under sub. (2) or (2m).
AB92-ASA1, s. 16 22Section 16. 973.075 (1) (b) 1m. g. of the statutes is created to read:
AB92-ASA1,4,2323 973.075 (1) (b) 1m. g. In the commission of a crime under s. 943.75 (2) or (2m).
AB92-ASA1, s. 17 24Section 17. 973.075 (1) (bg) of the statutes is created to read:
AB92-ASA1,5,6
1973.075 (1) (bg) Any property used or to be used in the commission of a crime
2under s. 943.75 (2) or (2m), but if the property is encumbered by a bona fide perfected
3security interest that was perfected before the date of the commission of the current
4violation and the holder of the security interest neither had knowledge of nor
5consented to the commission of that violation, the holder of the security interest shall
6be paid from the proceeds of the forfeiture.
AB92-ASA1, s. 18 7Section 18. 973.075 (5) (intro.) of the statutes is amended to read:
AB92-ASA1,5,168 973.075 (5) (intro.) All forfeitures under ss. 973.075 to 973.077 shall be made
9with due provision for the rights of innocent persons under sub. (1) (b) 2m., (bg), (bm)
10and (d). Any property seized but not forfeited shall be returned to its rightful owner.
11Any person claiming the right to possession of property seized may apply for its
12return to the circuit court for the county in which the property was seized. The court
13shall order such notice as it deems adequate to be given the district attorney and all
14persons who have or may have an interest in the property and shall hold a hearing
15to hear all claims to its true ownership. If the right to possession is proved to the
16court's satisfaction, it shall order the property returned if:
AB92-ASA1, s. 19 17Section 19. Initial applicability.
AB92-ASA1,5,2018 (1) Unauthorized release of animals; criminal penalties. The treatment of
19section 943.75 (2) and (2m) of the statutes first applies to offenses committed on the
20effective date of this subsection.
AB92-ASA1,5,2321 (2) Unauthorized release of animals; civil actions. The treatment of section
22895.57 (2) and (4) of the statutes first applies to causes of action accruing on the
23effective date of this subsection.
AB92-ASA1, s. 20 24Section 20. Effective dates. This act takes effect on the day after publication,
25except as follows:
AB92-ASA1,6,2
1(1) The repeal and recreation of sections 895.57 (1) (am) and 943.75 (1) (am) of
2the statutes takes effect on December 1, 1999.
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