AB614, s. 230
24Section
230. 943.75 (3) of the statutes is amended to read:
AB614,108,8
1943.75
(3) Subsections (2) and (2m) do not apply to any humane officer, local
2health officer, peace officer, employee of the department of natural resources while
3on any land licensed under s.
29.865, 29.867, 29.869 or 29.871 169.15, 169.18, or
4169.19, subject to certification under s. 90.21, or designated as a wildlife refuge under
5s. 29.621 (1) or employee of the department of agriculture, trade and consumer
6protection if the officer's or employee's acts are in good faith and in an apparently
7authorized and reasonable fulfillment of his or her duties. This subsection does not
8limit any other person from claiming the defense of privilege under s. 939.45 (3).
AB614, s. 231
9Section
231. 951.01 (1m) of the statutes is created to read:
AB614,108,1010
951.01
(1m) "Conservation warden" means a warden appointed under s. 23.10.
AB614, s. 232
11Section
232. 951.015 of the statutes is renumbered 951.015 (1) and amended
12to read:
AB614,108,1713
951.015
(1) This chapter may not be interpreted as controverting any law
14regulating
wild animals that are subject to regulation under ch. 169, the taking of
15 a wild animal wild animals, as defined in s. 29.001 (90),
the trapping of animals, the
16use of live animals in dog trials or in the training of hunting dogs or the slaughter
17of animals by persons acting under state or federal law.
AB614, s. 233
18Section
233. 951.015 (2) of the statutes is created to read:
AB614,108,2119
951.015
(2) For purposes of enforcing this chapter as to wild animals subject
20to regulation under ch. 169, a conservation warden has the same powers and duties
21that a law enforcement officer has under this chapter.
AB614, s. 234
22Section
234. 951.09 of the statutes is renumbered 951.09 (1) and amended to
23read:
AB614,109,624
951.09
(1) No person may
instigate, promote, aid or abet as a principal, agent,
25employee, participant or spectator, or participate in the earnings from, or
1intentionally maintain or allow any place to be used for the shooting, killing or
2wounding shoot, kill, or wound with a firearm
, or
with any deadly weapon, any
3animal that is tied, staked out, caged or otherwise intentionally confined in
a
4man-made an artificial enclosure, regardless of size.
Nothing in this section
5prohibits the shooting of any wild game in its wild state or the shooting of game birds
6and waterfowl at licensed game farms or licensed shooting preserves.
AB614, s. 235
7Section
235. 951.09 (2) of the statutes is created to read:
AB614,109,118
951.09
(2) (a) Whoever is concerned in the commission of a violation of this
9section is a principal and may be charged with and convicted of the violation although
10he or she did not directly commit it and although the person who directly committed
11it has not been convicted of the violation.
AB614,109,1312
(b) A person is concerned in the commission of a violation of this section under
13par. (a) if the person does any of the following:
AB614,109,1514
1. Instigates, promotes, aids, or abets the violation as a principal, agent,
15employee, participant, or spectator.
AB614,109,1616
2. Participates in any earnings from the commission of the violation.
AB614,109,1817
3. Intentionally maintains or allows any place to be used for the commission
18of the violation.
AB614, s. 236
19Section
236. 951.09 (3) of the statutes is created to read:
AB614,109,2020
951.09
(3) This section does not apply to any of the following animals:
AB614,109,2221
(b) A captive wild bird that is shot, killed, or wounded on a bird hunting
22preserve licensed under s. 169.19.
AB614,109,2323
(c) Farm-raised deer, as defined in s. 95.001 (1) (ag).
AB614,109,2524
(d) Animals that are treated in accordance with normally acceptable
25husbandry practices.
AB614, s. 237
1Section
237. 951.18 (4) (a) 2. of the statutes is amended to read:
AB614,110,122
951.18
(4) (a) 2. A sentencing court shall require a criminal violator to pay
3restitution to a person, including any local humane officer or society or county or
4municipal pound or a law enforcement officer
or conservation warden, for any
5pecuniary loss suffered by the person as a result of the crime, including expenses in
6keeping any animal that is involved in the crime. This requirement applies
7regardless of whether the criminal violator is placed on probation under s. 973.09.
8If restitution is ordered, the court shall consider the financial resources and future
9ability of the criminal violator to pay and shall determine the method of payment.
10Upon the application of any interested party, the court shall schedule and hold an
11evidentiary hearing to determine the value of any pecuniary loss under this
12paragraph.
AB614, s. 238
13Section
238. 951.18 (4) (b) 1. of the statutes is amended to read:
AB614,111,214
951.18
(4) (b) 1. A sentencing court may order that an animal be delivered to
15the local humane officer or society or the county or municipal pound or to a law
16enforcement officer if a person commits a crime under this chapter, the person is the
17owner of the animal that is involved in the crime and the court considers the order
18to be reasonable and appropriate.
A sentencing court may order that an animal be
19delivered to the department of natural resources, if the animal is a wild animal that
20is subject to regulation under ch. 169 and the court considers the order to be
21reasonable and appropriate. The society, pound
or
, officer
or department of natural
22resources shall release the animal to a person other than the owner or dispose of the
23animal in a proper and humane manner. If the animal is a dog, the release or disposal
24shall be in accordance with s. 173.23 (1m), except that the fees under s. 173.23 (1m)
1(a) 4. do not apply if the expenses are covered under s. 173.24. If the animal is not
2a dog, the society, pound or officer may charge a fee for the release of the animal.
AB614, s. 239
3Section
239. 973.05 (1) of the statutes is amended to read:
AB614,112,54
973.05
(1) When a defendant is sentenced to pay a fine, the court may grant
5permission for the payment of the fine, of the penalty assessment imposed by s.
6757.07, the jail assessment imposed by s. 302.46 (1), the crime victim and witness
7assistance surcharge under s. 973.045, the crime laboratories and drug law
8enforcement assessment imposed by s. 165.755, any applicable deoxyribonucleic acid
9analysis surcharge under s. 973.046, any applicable drug abuse program
10improvement surcharge imposed by s. 961.41 (5), any applicable consumer
11information assessment imposed by s. 100.261, any applicable domestic abuse
12assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver
13improvement surcharge imposed by s. 346.655, any applicable enforcement
14assessment imposed by s. 253.06 (4) (c), any applicable weapons assessment imposed
15by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4),
16any applicable environmental assessment imposed by s. 299.93, any applicable wild
17animal protection assessment imposed by s. 29.983, any applicable natural resources
18assessment imposed by s. 29.987
or 169.46 (1) and any applicable natural resources
19restitution payment imposed by s. 29.989
or 169.46 (2) to be made within a period
20not to exceed 60 days. If no such permission is embodied in the sentence, the fine,
21the penalty assessment, the jail assessment, the crime victim and witness assistance
22surcharge, the crime laboratories and drug law enforcement assessment, any
23applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse
24program improvement surcharge, any applicable consumer information assessment,
25any applicable domestic abuse assessment, any applicable driver improvement
1surcharge, any applicable enforcement assessment, any applicable weapons
2assessment, any applicable uninsured employer assessment, any applicable
3environmental assessment, any applicable wild animal protection assessment, any
4applicable natural resources assessment and any applicable natural resources
5restitution payment shall be payable immediately.
AB614,112,77
(1) In this
Section:
AB614,112,98
(a) "Livestock" means bovine animals, sheep, goats, swine, farm-raised deer,
9and equine animals.
AB614,112,1110
(b) "Wild animal" means a wild animal that is subject to regulation under
11chapter 169 of the statutes, as created by this act.
AB614,112,1512
(2) Any livestock market license and any livestock vehicle registration issued
13under section 95.68, 1999 stats., shall remain valid until its expiration date and shall
14allow the trading and transport of wild animals as well as livestock in the manner
15authorized under the license until that date.
AB614,112,1916
(3) Any livestock dealer license and any livestock vehicle registration issued
17under section 95.69, 1999 stats., shall remain valid until its expiration date and and
18shall allow the dealing in, and transport of, wild animals as well as livestock in the
19manner authorized under the license until that date.
AB614,112,2320
(4) Any livestock trucker license and any livestock vehicle registration issued
21under section 95.71, 1999 stats., shall remain valid until its expiration date and shall
22allow the transporting for hire of wild animals as well as livestock in the manner
23authorized under the license until that date.
AB614, s. 241
24Section
241.
Effective dates. This act takes effect on January 1, 2003, except
25as follows:
AB614,113,2
1(1)
The treatment of sections 169.015, 169.29, 169.34, and 169.35 of the
2statutes takes effect on the day after publication.