AB733: Bill Text

AB733, s. 17 Section 17. 895.57 (1) (a) of the statutes is renumbered 895.57 (1) (am).

AB733, s. 18 Section 18. 895.57 (1) (ag) of the statutes is created to read:

AB733,8,13 895.57 (1) (ag) "Animal" means all vertebrate and invertebrate species, including mammals, birds, fish and shellfish but excluding humans.

AB733, s. 19 Section 19. 895.57 (2) of the statutes is amended to read:

AB733,8,22 895.57 (2) A person who intentionally releases an animal that is lawfully confined for scientific, farming, companionship or protection of persons or property, recreation, restocking, research, exhibition, commercial or educational purposes, acting without the consent of the owner or custodian of the animal, is liable to the owner or custodian of the animal for damages, which punitive damages, attorney fees and interest on the amount of the damages incurred at the rate of 12% per year from the date of the intentional release. The damages awarded shall include the costs of restoring the animal to confinement.

AB733, s. 20 Section 20. 895.57 (4) of the statutes is created to read:

AB733,9,3 895.57 (4) An owner or custodian of a confined animal is immune from civil liability for any damages caused by any security mechanism that is installed to protect the confined animal or the premises containing the animal.

AB733, s. 21 Section 21. 938.183 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB733,9,13 938.183 (3) When a juvenile who is subject to a criminal penalty under sub. (1m) or (2) attains the age of 17 years, the department may place the juvenile in a state prison named in s. 302.01. If a juvenile who is subject to a criminal penalty under sub. (1m) or (2) is 15 years of age or over, the department may transfer the juvenile to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). A juvenile who is subject to a criminal penalty under sub. (1m) or (2) is eligible for parole under s. 304.06 unless he or she is subject to s. 943.75 (2m) (b).

AB733, s. 22 Section 22. 943.75 (1) (a) of the statutes is renumbered 943.75 (1) (am).

AB733, s. 23 Section 23. 943.75 (1) (ad) of the statutes is created to read:

AB733,9,17 943.75 (1) (ad) "Animal" means all vertebrate and invertebrate species, including mammals, birds, fish and shellfish but excluding humans.

AB733, s. 24 Section 24. 943.75 (2) of the statutes is amended to read:

AB733,9,23 943.75 (2) Whoever intentionally releases an animal that is lawfully confined for scientific, farming, companionship or protection of persons or property, recreation, restocking, research, exhibition, commercial or educational purposes, acting without the consent of the owner or custodian of the animal, is may be penalized as provided in sub. (2m).

AB733,9,25 (2m) (a) Any person who violates sub. (2) before the effective date of this paragraph .... [revisor inserts date], is guilty of a Class C misdemeanor. A, except that if the violation is the person's 2nd violation of this section by a sub. (2) the person is guilty of a Class A misdemeanor. A and if the violation is the person's 3rd or subsequent violation of this section by a sub. (2) the person is guilty of a Class E felony.

AB733, s. 25 Section 25. 943.75 (2m) (b) of the statutes is created to read:

AB733,10,13 943.75 (2m) (b) Any person who violates sub. (2) on or after the effective date of this paragraph .... [revisor inserts date], is guilty of a Class BC felony and shall be sentenced to not less than 2 years of imprisonment, except that if the violation is the person's 2nd violation of sub. (2) the person shall be sentenced to not less than 5 years of imprisonment and if the violation is the person's 3rd or subsequent violation of sub. (2) the person shall be sentenced to not less than 8 years of imprisonment. The court may not place the person on probation and the person is not eligible for parole.

AB733, s. 26 Section 26. 971.11 (6) of the statutes is amended to read:

AB733,10,23 971.11 (6) The prisoner shall be delivered into the custody of the sheriff of the county in which the charge is pending for transportation to the court, and the prisoner shall be retained in that custody during all proceedings under this section. The sheriff shall return the prisoner to the prison upon the completion of the proceedings and during any adjournments or continuances and between the preliminary examination and the trial, except that if the department certifies a jail as being suitable to detain the prisoner, he or she may be detained there until the court disposes of the case. The prisoner's existing sentence continues to run and he or she receives time credit under s. 302.11, if applicable, while in custody.

AB733, s. 27 Section 27. 973.075 (1) (b) (intro.) of the statutes is renumbered 973.075 (1) (b) 1m. (intro.) and amended to read:

AB733,11,2 973.075 (1) (b) 1m. (intro.) All Except as provided in subd. 2m., all vehicles, as defined in s. 939.22 (44), which are used to in any of the following ways:

AB733,11,4 a. To transport any property or weapon used or to be used or received in the commission of any felony, which are used in.

AB733,11,5 b. In the commission of a crime under s. 946.70, which are used in.

AB733,11,7 c. In the commission of a crime in violation of s. 944.30, 944.31, 944.32, 944.33 or 944.34, which are used in.

AB733,11,9 d. In the commission of a crime relating to a submerged cultural resource in violation of s. 44.47 or which are used to.

AB733,11,11 e. To cause more than $1,000 worth of criminal damage to cemetery property in violation of s. 943.01 (2) (d) or 943.012, but:.

AB733, s. 28 Section 28. 973.075 (1) (b) 1. of the statutes is renumbered 973.075 (1) (b) 2m. a. and amended to read:

AB733,11,17 973.075 (1) (b) 2m. a. No vehicle used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under ss. 973.075 to 973.077 unless it appears that the owner or other person in charge of the vehicle had knowledge of or consented to the commission of the crime;.

AB733, s. 29 Section 29. 973.075 (1) (b) 1m. f. of the statutes is created to read:

AB733,11,19 973.075 (1) (b) 1m. f. In the commission of a crime under s. 943.75 (2).

AB733, s. 30 Section 30. 973.075 (1) (b) 2. of the statutes is renumbered 973.075 (1) (b) 2m. b. and amended to read:

AB733,11,24 973.075 (1) (b) 2m. b. No vehicle is subject to forfeiture under ss. 973.075 to 973.077 by reason of any act or omission established by the owner of the vehicle to have been committed or omitted without his or her knowledge or consent ; and.

AB733, s. 31 Section 31. 973.075 (1) (b) 3. of the statutes is renumbered 973.075 (1) (b) 2m. c.

AB733, s. 32 Section 32. 973.075 (1) (bm) of the statutes is created to read:

AB733,12,9 973.075 (1) (bm) Any property used or to be used in the commission of a crime under s. 943.75 (2), but if the property is encumbered by a bonafide perfected security interest that was perfected before the date of the commission of the current violation and the holder of the security interest neither had knowledge of nor consented to the commission of that violation, the holder of the security interest shall be paid from the proceeds of the forfeiture.

AB733, s. 33 Section 33. 973.075 (5) (intro.) of the statutes is amended to read:

AB733,12,19 973.075 (5) (intro.)  All forfeitures under ss. 973.075 to 973.077 shall be made with due provision for the rights of innocent persons under sub. (1) (b) 1. to 3. 2m., (bm) and (d). Any property seized but not forfeited shall be returned to its rightful owner. Any person claiming the right to possession of property seized may apply for its return to the circuit court for the county in which the property was seized. The court shall order such notice as it deems adequate to be given the district attorney and all persons who have or may have an interest in the property and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the property returned if:

AB733, s. 34 Section 34. 978.07 (1) (c) 2. of the statutes is amended to read:

AB733,13,2 978.07 (1) (c) 2. Any case record of a felony punishable by a maximum period of imprisonment equal to at least 20 years or a related case, after the mandatory release date established under s. 302.11 (1) or the presumptive mandatory release date established under s. 302.11 (1g), if applicable, of any person convicted of that felony or 20 years after commencement of the action, whichever if that date is later or if the person is not entitled to release under s. 302.11.

AB733,13,3 (End)