LRB-0906/1
JEO&RPN:cmh&jlg:hmh
1999 - 2000 LEGISLATURE
February 3, 1999 - Introduced by Senators Decker, Drzewiecki, Baumgart, Moen,
Huelsman, Breske, Welch, Schultz, A. Lasee and Roessler, cosponsored by
Representatives Gronemus, Plale, Freese, Ainsworth, Musser, Gunderson,
Hasenohrl, Reynolds, Skindrud, Brandemuehl, Olsen, Seratti, Handrick,
Ward and Urban. Referred to Committee on Judiciary and Consumer Affairs.
SB21,1,7
1An Act to renumber 895.57 (1) (a) and 943.75 (1) (a);
to amend 174.02 (1) (a),
2174.02 (1) (b), 895.57 (title), 895.57 (2), 943.75 (2), 943.75 (3), 943.75 (4) and
3973.075 (5) (intro.);
to repeal and recreate 895.57 (1) (am) and 943.75 (1)
4(am); and
to create 895.57 (1) (ag), 895.57 (4), 943.75 (1) (ad), 943.75 (2m),
5973.075 (1) (b) 1m. g. and 973.075 (1) (bg) of the statutes;
relating to: the
6unauthorized release of animals, immunity from liability and providing a
7penalty.
Analysis by the Legislative Reference Bureau
This bill makes the following changes in civil and criminal laws relating to the
unauthorized release of animals.
Criminal law changes
Current law prohibits a person from intentionally releasing an animal that is
lawfully confined for scientific, farming, restocking, research, exhibition,
commercial, educational, recreational, companionship or security purposes if the
owner or custodian of the animal does not consent to the release of the animal. The
penalty for violating this prohibition depends on whether the person has violated the
prohibition before. The penalty for the first violation is a fine of not more than $500
or imprisonment for not more than 30 days or both. The penalty for the second
violation is a fine of not more than $10,000 or imprisonment for not more than nine
months or both. The penalty for a third or subsequent violation is a fine of not more
than $10,000 or imprisonment for not more than two years or both, if the offense
occurs before December 31, 1999, or a fine of not more than $10,000 or imprisonment
for not more than five years, if the offense occurs on or after December 31, 1999.
Current law also allows for the forfeiture to the state of certain property
connected to criminal activity. Specifically, all of the following property is subject to
forfeiture under current law: 1) any property that is directly or indirectly derived
from or gained through the commission of any crime; 2) a vehicle used to transport
any property or weapon that is used, that will be used or that is received in the
commission of a felony; 3) a vehicle used in the commission of certain specified
crimes, such as prostitution or impersonating a police officer; 4) certain equipment,
such as scuba gear, that is used in the commission of a crime relating to a submerged
cultural resource; 5) property used to commit the crime of stalking or to violate
certain restraining orders or injunctions; and 6) tank vessels that violate certain
environmental protection requirements for tank vessels.
This bill increases the maximum penalty for violating the prohibition against
intentionally releasing an animal without the consent of the owner or custodian of
the animal if the animal is lawfully confined for scientific, farming, restocking,
research or commercial purposes. Under the bill, a person who violates the
prohibition by releasing an animal confined for one of these purposes may be fined
not more than $10,000 or imprisoned for not more than ten years or both, if the
offense occurs before December 31, 1999, or may be fined not more than $10,000 or
imprisoned for not more than 15 years, if the offense occurs on or after December 31,
1999. A person who violates the prohibition by releasing an animal that is lawfully
confined for other purposes (such as for recreation or companionship) will be subject
to the penalties provided under current law.
The bill also allows for the forfeiture of any vehicle that is used, or of any other
property that is used or that will be used, to violate the prohibition against
intentionally releasing an animal without the consent of the owner or custodian of
the animal.
Civil law changes
Under current law, a person who intentionally releases an animal that is
lawfully confined is liable to the owner or custodian of the animal for damages,
including the costs of restoring the animal to confinement. This bill adds punitive
damages, attorney fees and interest on the damages from the date of the release to
the damages a person is liable for if he or she intentionally releases an animal that
is lawfully confined.
The bill also provides the owner or custodian of a confined animal with
immunity from civil liability for any damages caused by any security device
(including a guard dog) that he or she installs or uses if he or she reasonably believes
the security device is necessary to protect a confined animal or the premises
containing a confined animal. Currently, a person is liable for any damages caused
by any security device that is installed to protect a confined animal or the premises
containing a confined animal if the device is installed negligently or operated in a
negligent manner.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB21, s. 1
1Section
1. 174.02 (1) (a) of the statutes is amended to read:
SB21,3,42
174.02
(1) (a)
Without notice. Subject to s. 895.045
and except as provided in
3s. 895.57 (4), the owner of a dog is liable for the full amount of damages caused by
4the dog injuring or causing injury to a person, domestic animal or property.
SB21, s. 2
5Section
2. 174.02 (1) (b) of the statutes is amended to read:
SB21,3,106
174.02
(1) (b)
After notice. Subject to s. 895.045
and except as provided in s.
7895.57 (4), the owner of a dog is liable for 2 times the full amount of damages caused
8by the dog injuring or causing injury to a person, domestic animal or property if the
9owner was notified or knew that the dog previously injured or caused injury to a
10person, domestic animal or property.
SB21, s. 3
11Section
3. 895.57 (title) of the statutes is amended to read:
SB21,3,12
12895.57 (title)
Damages and immunity; unauthorized release of animals.
SB21, s. 4
13Section
4. 895.57 (1) (a) of the statutes is renumbered 895.57 (1) (am).
SB21, s. 5
14Section
5. 895.57 (1) (ag) of the statutes is created to read:
SB21,3,1615
895.57
(1) (ag) "Animal" means all vertebrate and invertebrate species,
16including mammals, birds, fish and shellfish but excluding humans.
SB21, s. 6
17Section
6. 895.57 (1) (am) of the statutes, as affected by
1997 Wisconsin Act
18192 and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:
SB21,3,1919
895.57
(1) (am) "Humane officer" means an officer appointed under s. 173.03.
SB21, s. 7
20Section
7. 895.57 (2) of the statutes is amended to read:
SB21,4,8
1895.57
(2) A person who intentionally releases an animal that is lawfully
2confined for scientific, farming, companionship or protection of persons or property,
3recreation, restocking, research, exhibition, commercial or educational purposes,
4acting without the consent of the owner or custodian of the animal, is liable to the
5owner or custodian of the animal for damages,
which
punitive damages, attorney fees
6and interest on the amount of the damages incurred at the rate of 12% per year from
7the date of the intentional release. The damages awarded shall include the costs of
8restoring the animal to confinement.
SB21, s. 8
9Section
8. 895.57 (4) of the statutes is created to read:
SB21,4,1010
895.57
(4) (a) In this subsection, "security device" includes any of the following:
SB21,4,1111
1. Any fence enumerated under s. 90.02.
SB21,4,1312
2. A theft alarm signal device, a burglar alarm or any other security alarm
13system or device.
SB21,4,1615
(b) Subject to par. (c), an owner or custodian of a confined animal is immune
16from civil liability for any damages to a person if all of the following apply:
SB21,4,1817
1. The person suffers the damages while violating or attempting to violate s.
18943.75 (2m).
SB21,4,2519
2. The damages are caused by a security device that is installed or used by the
20owner or custodian and that the owner or custodian reasonably believes is necessary
21to protect the confined animal or the premises containing the animal. For purposes
22of this subdivision, it is not reasonable to install or use a security device that is
23intended or likely to cause death or great bodily harm, as defined in s. 939.22 (14),
24for the purpose of protecting a confined animal or the premises containing a confined
25animal.
SB21,5,3
1(c) If an owner or custodian of a confined animal uses a dog as a security device,
2the owner or custodian is entitled to immunity under par. (b) only if the dog is on the
3owner's or custodian's property at the time that it causes the damages.
SB21, s. 9
4Section
9. 943.75 (1) (a) of the statutes is renumbered 943.75 (1) (am).
SB21, s. 10
5Section
10. 943.75 (1) (ad) of the statutes is created to read:
SB21,5,76
943.75
(1) (ad) "Animal" means all vertebrate and invertebrate species,
7including mammals, birds, fish and shellfish but excluding humans.
SB21, s. 11
8Section
11. 943.75 (1) (am) of the statutes, as affected by
1997 Wisconsin Act
9192 and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:
SB21,5,1010
943.75
(1) (am) "Humane officer" means an officer appointed under s. 173.03.
SB21, s. 12
11Section
12. 943.75 (2) of the statutes is amended to read:
SB21,5,1712
943.75
(2) Whoever intentionally releases an animal that is lawfully confined
13for
scientific, farming, companionship or protection of persons or property,
14recreation,
restocking, research, exhibition
, commercial or educational purposes,
15acting without the consent of the owner or custodian of the animal, is guilty of a Class
16C misdemeanor. A 2nd violation of this section by a person is a Class A misdemeanor.
17A 3rd or subsequent violation of this section by a person is a Class E felony.
SB21, s. 13
18Section
13. 943.75 (2m) of the statutes is created to read:
SB21,5,2219
943.75
(2m) Whoever intentionally releases an animal that is lawfully
20confined for scientific, farming, restocking, research or commercial purposes, acting
21without the consent of the owner or custodian of the animal, is guilty of a Class C
22felony.
SB21, s. 14
23Section
14. 943.75 (3) of the statutes is amended to read:
SB21,6,624
943.75
(3) Subsection Subsections (2)
does and (2m) do not apply to any
25humane officer, local health officer, peace officer, employe of the department of
1natural resources while on any land licensed under s. 29.865, 29.867, 29.869 or
229.871 or designated as a wildlife refuge under s. 29.621 (1) or employe of the
3department of agriculture, trade and consumer protection if the officer's or employe's
4acts are in good faith and in an apparently authorized and reasonable fulfillment of
5his or her duties. This subsection does not limit any other person from claiming the
6defense of privilege under s. 939.45 (3).
SB21, s. 15
7Section
15. 943.75 (4) of the statutes is amended to read:
SB21,6,118
943.75
(4) When the existence of an exception under sub. (3) has been placed
9in issue by the trial evidence, the state must prove beyond a reasonable doubt that
10the facts constituting the exception do not exist in order to sustain a finding of guilt
11under sub. (2)
or (2m).
SB21, s. 16
12Section
16. 973.075 (1) (b) 1m. g. of the statutes is created to read:
SB21,6,1313
973.075
(1) (b) 1m. g. In the commission of a crime under s. 943.75 (2) or (2m).
SB21, s. 17
14Section
17. 973.075 (1) (bg) of the statutes is created to read:
SB21,6,2015
973.075
(1) (bg) Any property used or to be used in the commission of a crime
16under s. 943.75 (2) or (2m), but if the property is encumbered by a bona fide perfected
17security interest that was perfected before the date of the commission of the current
18violation and the holder of the security interest neither had knowledge of nor
19consented to the commission of that violation, the holder of the security interest shall
20be paid from the proceeds of the forfeiture.
SB21, s. 18
21Section
18. 973.075 (5) (intro.) of the statutes is amended to read:
SB21,7,522
973.075
(5) (intro.) All forfeitures under ss. 973.075 to 973.077 shall be made
23with due provision for the rights of innocent persons under sub. (1) (b) 2m.
, (bg), (bm) 24and (d). Any property seized but not forfeited shall be returned to its rightful owner.
25Any person claiming the right to possession of property seized may apply for its
1return to the circuit court for the county in which the property was seized. The court
2shall order such notice as it deems adequate to be given the district attorney and all
3persons who have or may have an interest in the property and shall hold a hearing
4to hear all claims to its true ownership. If the right to possession is proved to the
5court's satisfaction, it shall order the property returned if:
SB21,7,97
(1)
Unauthorized release of animals; criminal penalties. The treatment of
8section 943.75 (2) and (2m) of the statutes first applies to offenses committed on the
9effective date of this subsection.