AB1043: Bill Text

AB1043,14,23 173.22 Review of seizure or withholding. (1) Petition. A person claiming that an animal that he or she owns was improperly taken into custody under s. 173.13 (1) (a) 3., 4., 5., 6. or 8. or is wrongfully withheld under s. 173.21 (1) may seek return of the animal by petitioning for an order from the circuit court for the county in which the animal was taken into custody or in which it is held.

AB1043,15,3 (2) Notice and hearing. The court shall provide notice of a petition under sub. (1) to the humane officer or law enforcement officer who took the animal into custody or to the political subdivision that withheld the animal and shall hold a hearing on the issue of whether the animal was improperly taken into custody or is wrongfully withheld.

AB1043,15,6 (3) Order. (a) If the animal was taken into custody under s. 173.13 (1) (a) 8. or is withheld under s. 173.21 (1), the court shall order the animal returned to the owner unless it determines that one of the following conditions is satisfied:

AB1043,15,8 1. There are reasonable grounds to believe that the owner has mistreated the animal in violation of ch. 951.

AB1043,15,10 2. There are reasonable grounds to believe that the animal poses a significant threat to public health, safety or welfare.

AB1043,15,11 3. The animal may be used as evidence in a pending prosecution.

AB1043,15,12 4. A court has ordered the animal withheld for any reason.

AB1043,15,15 (b) If the animal was taken into custody under s. 173.13 (1) (a) 3., the court shall order the animal returned to its owner if the court determines that the animal was tagged or was not required to be tagged under ch. 174.

AB1043,15,18 (c) If the animal was taken into custody under s. 173.13 (1) (a) 4., the court shall order the animal returned to its owner if the court determines that the animal was licensed or was not required to be licensed.

AB1043,15,21 (d) If the animal was taken into custody under s. 173.13 (1) (a) 5., the court shall order the animal returned to its owner if the court determines that the animal was not subject to a quarantine order or was confined as required by a quarantine order.

AB1043,15,24 (e) If the animal was taken into custody under s. 173.13 (1) (a) 6., the court shall order the animal returned to its owner if the court determines that the animal did not cause damage to persons or property.

AB1043,16,4 173.23 Disposition of animals. (1) Claim and return. Except as provided in sub. (4) or s. 173.21 (1), a political subdivision or person contracting under s. 173.15 (1) shall return an animal described in s. 173.13 (1) (a) 1., 3., 4., 6., 8. or 9. to its owner upon the happening of all of the following:

AB1043,16,6 (a) The owner claims the animal and provides reasonable evidence of ownership.

AB1043,16,8 (b) If licensure is required by statute or ordinance, the animal is licensed or assurance of licensure by prepayment is given.

AB1043,16,10 (c) If vaccination is required by statute or ordinance, the animal is vaccinated or assurance of vaccination by prepayment is given.

AB1043,16,11 (d) All charges for custody, care, vaccination and treatment are paid.

AB1043,16,14 (1m) Unclaimed animals. A political subdivision or a person contracting under s. 173.15 (1) that has custody of an animal considered unclaimed under sub. (5) (c) or (6) or s. 173.13 (3) (c) or 173.19 or an unwanted animal may do any of the following:

AB1043,16,16 (a) Release the animal to any person other than the owner if all of the following apply:

AB1043,16,17 1. The person provides his or her name and address.

AB1043,16,19 2. If licensure is required by statute or ordinance, the animal is licensed or assurance of licensure by prepayment is given.

AB1043,16,21 3. If vaccination is required by statute or ordinance, the animal is vaccinated or assurance of vaccination by prepayment is given.

AB1043,16,23 4. Any charges imposed by the political subdivision or person contracting under s. 173.15 (1) for custody, care, vaccination and treatment are paid.

AB1043,16,25 (b) Sell the animal at public auction, including sale at a licensed livestock market.

AB1043,17,1 (c) Euthanize the animal.

AB1043,17,2 (d) If the animal is a stray or abandoned dog, release the dog under s. 174.13.

AB1043,17,6 (1s) Proceeds of sale. If the owner of an animal sold under sub. (1m) (b) files a claim and provides proof of ownership within 30 days after the sale, the sale proceeds, less the cost of custody, care, treatment and sale, shall be returned to the owner.

AB1043,17,11 (2) Animals not returned to owner. If an animal in the custody of a political subdivision, other than an animal to which sub. (1m) applies, is not returned to the owner under sub. (1) or (5) (b) or s. 173.12 (2), 173.21 (4) or 173.22 or disposed of under sub. (4) or (5) (a) or s. 173.12 (3), it shall be disposed of under a court order under sub. (3) or s. 951.18 (4).

AB1043,17,14 (3) Court order. (a) A political subdivision may petition the circuit court for an order doing any of the following with respect to an animal taken into custody by a law enforcement officer or a humane officer or withheld under s. 173.21 (1):

AB1043,17,16 1. Requiring the owner of the animal to pay for the custody, care or treatment of the animal.

AB1043,17,18 2. Requiring the owner of the animal to post bond for the costs of custody, care or treatment of the animal pending the outcome of any other proceeding.

AB1043,17,19 3. Authorizing the sale, destruction or other disposal of the animal.

AB1043,17,21 (b) The petition shall include the text of the proposed order and shall set forth the basis for the proposed order.

AB1043,17,23 (c) The political subdivision shall serve a copy of the petition, in the manner provided in s. 801.11, upon the owner of the animal, if known.

AB1043,17,25 (d) The court shall conduct a hearing on the petition. The petitioner and any person upon whom a copy of the petition was served may appear as a party.

AB1043,18,3 (e) The court shall issue its order after hearing and may grant, modify and grant or deny the petitioned for relief, after considering the interests of the animal, the owner of the animal, the political subdivision and the public.

AB1043,18,6 (4) Injured or dangerous animals. A political subdivision or person contracting under s. 173.15 (1) who has custody of an animal may have the animal euthanized if there are reasonable grounds to believe that any of the following apply:

AB1043,18,7 (a) The animal is hopelessly injured beyond any reasonable chance of recovery.

AB1043,18,8 (b) The animal poses an imminent threat to public health or safety.

AB1043,18,10 (c) The animal poses an imminent threat to the health or safety of itself or its custodian.

AB1043,18,17 (5) Animal not confined as required by quarantine order. (a) A political subdivision or person contracting under s. 173.15 (1) that has custody of an animal that was not confined as required by a quarantine order issued under any statute, rule or ordinance relating to the control of any animal disease shall confine the animal for the duration of the quarantine or shall euthanize the animal with the written permission of the owner or, if the animal is determined to be diseased, at the direction of the entity issuing the quarantine order.

AB1043,18,24 (b) Unless the person issuing the quarantine order directs that the animal be euthanized because it is diseased, at the end of the quarantine period the political subdivision or person contracting under s. 173.15 (1) shall return the animal to its owner if the owner complies with sub. (1) (a) to (d) no later than the 7th day after the day on which the political subdivision or person contracting under s. 173.15 (1) demands that the owner claim the animal and pay for its custody, care and treatment.

AB1043,19,2 (c) If an owner does not comply with sub. (1) (a) to (d) within the time provided in par. (b), the animal is considered an unclaimed animal under sub. (1m).

AB1043,19,7 (d) Before euthanizing an animal that is in custody because it was not confined as required by a quarantine order, the person with custody of the animal shall notify the entity that issued the quarantine order. If the entity determines that testing of specimens is necessary to determine the disease status of the animal, the person with custody shall collect the specimens.

AB1043,19,11 (6) Noncompliance by owner. If an owner is ordered under sub. (3) to pay, or post bond for the payment of, costs of custody, care or treatment of an animal, and refuses to do so upon demand, the animal shall be treated as an unclaimed animal subject to sub. (1m).

AB1043,19,16 173.25 Immunity for euthanizing animals. A political subdivision, a person contracting under s. 173.15 (1), a humane officer or a law enforcement officer is not liable for damages for the loss of an animal resulting from euthanizing the animal in good faith under s. 173.23 (1m) (c), (4) or (5) or under a court order issued under s. 173.23 (3).

AB1043,19,18 173.27 Duties of the department. The department shall do all of the following:

AB1043,19,22 (1) Rules. Adopt, by rule, standards for the training and certification of humane officers to ensure that humane officers are at least minimally qualified to perform the duties of a humane officer. The standards shall provide for training offered by the department or by others.

AB1043,19,25 (2) Training. Offer training courses for humane officers or approve training courses offered by others, or both. The department may charge a fee sufficient to recover the costs of training courses that it provides.

AB1043,20,3 (3) Certification. Examine, as necessary, and certify humane officers as qualified. The department may charge a fee, established by rule, sufficient to recover the costs of certification.

AB1043,20,5 (4) Registry of humane officers. Maintain and keep current a registry of all persons serving as humane officers for political subdivisions.

AB1043, s. 14 Section 14. 174.01 (2) of the statutes is amended to read:

AB1043,20,11 174.01 (2) Inapplicable to officers, veterinarians and persons killing their own dog. This section does not apply to an officer acting in the lawful performance of his or her duties under s. 29.05 (8) (b), 95.21, 173.23 (1m) (c), (3) or (4) or 174.02 (3) or 174.046 (9), or to a veterinarian killing a dog in a proper and humane manner or to a person killing his or her own dog in a proper and humane manner.

AB1043, s. 15 Section 15. 174.046 of the statutes is repealed.

AB1043, s. 16 Section 16. 174.13 (3) of the statutes is amended to read:

AB1043,20,15 174.13 (3) An officer or pound which has custody of unclaimed dogs shall maintain records as provided under s. 174.046 173.17.

AB1043, s. 17 Section 17. 757.69 (1) (n) of the statutes is created to read:

AB1043,20,17 757.69 (1) (n) Hold hearings and issue orders on petitions under s. 173.23 (3).

AB1043, s. 18 Section 18. 895.57 (1) (a) of the statutes is amended to read:

AB1043,20,20 895.57 (1) (a) "Humane officer" means an officer appointed under s. 58.07 173.03.

AB1043, s. 19 Section 19. 943.75 (1) (a) of the statutes is amended to read:

AB1043,20,23 943.75 (1) (a) "Humane officer" means an officer appointed under s. 58.07 173.03.

AB1043, s. 20 Section 20. 951.01 (3e) of the statutes is created to read:

AB1043,20,25 951.01 (3e) "Humane officer" means an officer appointed under s. 173.03.

AB1043, s. 21 Section 21. 951.01 (4) of the statutes is amended to read:

AB1043,21,4 951.01 (4) "Law enforcement officer" has the meaning assigned under s. 967.02 (5) and includes a humane officer under s. 58.07 but does not include a conservation warden appointed under s. 23.10.

AB1043, s. 22 Section 22. 951.03 of the statutes is amended to read:

AB1043,21,10 951.03 Dognapping and catnapping. No person may take the dog or cat of another from one place to another without the owner's consent or cause such a dog or cat to be confined or carried out of this state or held for any purpose without the owner's consent. This section does not apply to law enforcement officers or humane society agents officers engaged in the exercise of their official duties.

AB1043, s. 23 Section 23. 951.15 (title) of the statutes is repealed and recreated to read:

AB1043,21,12 951.15 Abandoning animals.

AB1043, s. 24 Section 24. 951.15 (1) of the statutes is renumbered 951.15.

AB1043, s. 25 Section 25. 951.15 (2) to (4) of the statutes are repealed.

AB1043, s. 26 Section 26. 951.16 of the statutes, as affected by 1995 Wisconsin Act 90, is renumbered 173.10 and amended to read:

AB1043,22,6 173.10 Investigation of cruelty complaints. A person may apply for a search warrant under s. 968.12 if there is reason to believe that a violation of this chapter ch. 951 has taken place or is taking place. If the court is satisfied that probable cause exists, it shall issue a search warrant directing a law enforcement officer in the county to proceed immediately to the location of the alleged violation with a doctor of veterinary medicine, if the court determines that a veterinarian is necessary for purposes of the search, and directing the law enforcement officer to search the place designated in the warrant, retaining in his or her custody subject to the order of the court such property or things as are specified in the warrant, including any animal. If the person applying for the search warrant is a humane officer, the warrant shall direct that the humane officer accompany the law enforcement officer who is directed to perform the search. The warrant shall be executed and returned to the court which issued the warrant in accordance with ss. 968.15 and 968.17. This section shall not affect other powers and duties of law enforcement officers.

AB1043, s. 27 Section 27. 951.162 (title) of the statutes is repealed.

AB1043, s. 28 Section 28. 951.162 of the statutes is renumbered 173.12 (1) and amended to read:

AB1043,22,16 173.12 (1) Any veterinarian who has reason to believe that an animal has been in a fight in violation of s. 951.08 shall report the matter to the local humane officer or society or county or municipal pound or to a local law enforcement agency. The report shall be in writing and shall include a description and the location of the animal, any injuries suffered by the animal and the name and address of the owner or person in charge of the animal, if known. The general penalty provisions under s. 939.61 do not apply to this section.

AB1043, s. 29 Section 29. 951.165 (title), (1), (2) and (3) of the statutes are renumbered 173.12 (title), (1m), (2) and (3), and 173.12 (1m) and (3), as renumbered, are amended to read:

AB1043,23,2 173.12 (1m) If an animal has been seized because it is alleged that the animal has been used in or constitutes evidence of any crime specified in s. 951.08, the animal shall not be returned to the owner by an officer under s. 968.20 (2). In any hearing under s. 968.20 (1), the court shall determine if the animal is needed as evidence or there is reason to believe that the animal has participated or been trained for fighting. If the court makes such a finding, the animal shall be retained in custody under s. 951.16.

AB1043,23,8 (3) (a) If the owner is convicted under s. 951.08 or is subject to the restrictions under s. 951.08 (2m), the animal shall be delivered to the local humane society officer or county or municipal pound. If there is no local humane officer or pound, the animal may be delivered to a local humane society or to another person designated by the court. If the animal is one year old or older or shows indication of having participated in fighting, the animal shall be disposed of in a proper and humane manner.

AB1043,23,14 (b) If the animal is less than one year old and shows no indication of having participated in fighting, the animal shall be released to a person other than the owner or disposed of in a proper and humane manner. If the animal is a dog, the release or disposal shall be in accordance with s. 174.046 (8) or (9), except s. 174.046 (8) (a) does not apply and 173.23 (1m), except that the fees under s. 174.046 (8) (d) 173.23 (1m) (a) 4. are covered under s. 951.17 173.24.

AB1043, s. 30 Section 30. 951.17 of the statutes is renumbered 173.24, and 173.24 (1), (2) (a) and (3), as renumbered, are amended to read:

AB1043,23,20 173.24 (1) A court shall assess the expenses under this section in any case in which there has been a search authorized under s. 951.16 173.10 or in which an animal has been seized because it is alleged that the animal has been used in or constitutes evidence of any crime under this chapter ch. 951.

AB1043,23,22 (2) (a) Investigative expenses of any search under s. 951.16 173.10 or any seizure under this chapter.

AB1043,24,2 (3) If the person alleged to have violated this chapter ch. 951 is found guilty of the violation, the person shall be assessed the expenses under subs. (1) and (2). If the person is not found guilty, the county treasurer shall pay the expenses from the general fund of the county.

AB1043, s. 31 Section 31. 951.18 (1) and (4) (a) 2. and (b) of the statutes are amended to read:

AB1043,24,14 951.18 (1) Any person violating s. 951.02, 951.025, 951.03, 951.04, 951.05, 951.06, 951.07, 951.09, 951.10, 951.11, 951.13, 951.14 or 951.15 (1) is subject to a Class C forfeiture. Any person who violates any of these provisions within 3 years after a humane officer issues an abatement order under s. 173.11 prohibiting the violation of that provision is subject to a Class A forfeiture. Any person who intentionally or negligently violates any of those sections is guilty of a Class A misdemeanor. Any person who intentionally violates s. 951.02, resulting in the mutilation, disfigurement or death of an animal, is guilty of a Class E felony. Any person who intentionally violates s. 951.02 or 951.06, knowing that the animal that is the victim is used by a law enforcement agency to perform agency functions or duties and causing injury to the animal, is guilty of a Class E felony.

AB1043,24,24 (4) (a) 2. A sentencing court shall require a criminal violator to pay restitution to a person, including any local humane officer or society or county or municipal pound or a law enforcement officer, for any pecuniary loss suffered by the person as a result of the crime, including expenses in keeping any animal that is involved in the crime. This requirement applies regardless of whether the criminal violator is placed on probation under s. 973.09. If restitution is ordered, the court shall consider the financial resources and future ability of the criminal violator to pay and shall determine the method of payment. Upon the application of any interested party, the court shall schedule and hold an evidentiary hearing to determine the value of any pecuniary loss under this paragraph.

AB1043,25,11 (b) 1. A sentencing court may order that an animal be delivered to the local humane officer or society or the county or municipal pound or to a law enforcement officer if a person commits a crime under this chapter, the person is the owner of the animal that is involved in the crime and the court considers the order to be reasonable and appropriate. The society, pound or officer shall release the animal to a person other than the owner or dispose of the animal in a proper and humane manner. If the animal is a dog, the release or disposal shall be in accordance with s. 174.046 (8) or (9), except s. 174.046 (8) (a) does not apply and 173.23 (1m), except that the fees under s. 174.046 (8) (d) 173.23 (1m) (a) 4. do not apply if the expenses are covered under s. 951.17 173.24. If the animal is not a dog, the society, pound or officer may charge a fee for the release of the animal.

AB1043,25,14 2. If the court is sentencing a person covered under s. 951.165 173.12 (3) (a) and an animal has been seized under s. 951.165 173.12, the court shall act in accordance with s. 951.165 173.12 (3).