LRB-0065/1
CMH&RCT:wlj:nwn
2007 - 2008 LEGISLATURE
February 14, 2007 - Introduced by Senator Hansen, cosponsored by
Representatives Suder, Albers, Sheridan, Gunderson, A. Ott and Musser.
Referred to Committee on Judiciary and Corrections.
SB38,1,3
1An Act to amend 938.396 (2g) (d); and
to create 173.29, 938.3416, 941.292,
2971.17 (1i) and 973.0336 of the statutes;
relating to: possession of dogs by
3certain felony offenders and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from possessing a firearm if he or she is a felony
offender. A person is a felony offender if any of the following applies: 1) he or she
has been found guilty of a felony; 2) he or she has been adjudicated delinquent as a
juvenile for an act that would have been a felony if it had been committed by an adult;
or 3) he or she has been found not guilty of a felony by reason of mental disease,
defect, or illness. If a felony offender violates the prohibition against possessing a
firearm, he or she may be fined not more than $25,000 or imprisoned for not more
than ten years or both. Current law also provides that a felony offender may have
the right to possess a firearm restored under certain circumstances. For instance, if
a person found guilty of a felony is pardoned he or she may again possess a firearm
if authorized. A person adjudicated delinquent as a juvenile for an act that would
have been a felony if it had been committed by an adult may possess a firearm if a
court determines that the person is not likely to act in a manner dangerous to public
safety. Finally, a person who has been found not guilty of a felony by reason of
insanity or mental disease, defect, or illness may again possess a firearm if a court
determines that the person is no longer insane or no longer has a mental disease,
defect, or illness and that the person is not likely to act in a manner dangerous to
public safety.
This bill prohibits, for a specified period of time, certain felony offenders from
possessing, controlling, or residing with a vicious dog, as determined by the
Department of Agriculture, Trade and Consumer Protection, or a dog that has not
been spayed or neutered (intact dog) or from possessing a dog that does not have an
identification microchip implanted in it. The felony offenders to whom these
prohibitions apply are those whose status as felony offenders is based on the
commission of an act that is classified under the bill as a serious felony and who have
not been pardoned for that offense (serious felony offenders). A serious felony
offender who violates any of the prohibitions may be fined up to $10,000, imprisoned
for up to nine months, or both. If a serious felony offender violates the prohibition
against possessing, controlling, or residing with a vicious dog or an intact dog and
a person or an animal suffers great bodily harm or death due to the violation, the
serious felony offender may be fined up to $10,000, imprisoned for up to three years
and six months, or both. If a serious felony offender violates the prohibition against
possessing, controlling, or residing with a vicious dog or an intact dog and a person
suffers great bodily harm or death due to the violation and the person knowingly
allowed the dog to run loose or failed to take steps to control the dog, the serious
felony offender may be fined up to $10,000, imprisoned for up to six years, or both.
Unless the serious felony offender is on extended supervision or another
supervised status (extended supervision), these prohibitions apply to the serious
felony offender for a period of ten years following: 1) any period of incarceration for
the serious felony; 2) the conviction for the serious felony if the sentence does not
include a period of incarceration; 3) the delinquency adjudication for the serious
felony; or 4) the finding of not guilty of the serious felony by reason of insanity or
mental disease, defect, or illness. If the serious felony offender is on extended
supervision, the prohibition period is extended until he or she is no longer on
extended supervision.
This bill allows a serious felony offender to request a court for an exemption
from the prohibitions if the exemption is reasonably needed to earn a livelihood or
as a condition of employment and will not endanger public safety. A serious felony
offender seeking an exemption must file a motion in the circuit court for the county
in which he or she will possess, control, or reside with the vicious or intact dog or
possess a dog without an identification microchip. The serious felony offender must
provide a copy of the motion to the district attorney for that county, who must in turn
make a reasonable attempt to contact local law enforcement agencies to inform them
that the serious felony offender has made a request for an exemption and to solicit
from the agencies any information that may be relevant to whether the exemption
should be granted. An exemption to the prohibition granted by a court is valid only
in the county in which that court is located; if a serious felony offender is seeking an
exemption in more than one county, he or she must file a motion for an exemption
in each applicable county.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB38, s. 1
1Section
1. 173.29 of the statutes is created to read:
SB38,3,5
2173.29 Vicious dogs. (1) Definition. In this section, "serious physical injury"
3means physical injury that creates a substantial risk of death; that causes serious
4disfigurement, protracted impairment of health, or impairment of a bodily organ; or
5that necessitates plastic surgery.
SB38,3,12
6(2) Request for determination. If a humane officer or law enforcement officer,
7after conducting an investigation, determines that a dog satisfies one of the
8standards under sub. (3), the humane officer or law enforcement officer may request
9the department to determine that the dog is vicious for the purposes of s. 941.292.
10Before completing the investigation, the humane officer or law enforcement officer
11shall notify the owner or custodian of the dog of the incidents that are the basis for
12the investigation.
SB38,3,14
13(3) Standards. The department may determine that a dog is vicious if one of
14the following applies:
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(a) The dog, without justification, attacked a person and caused serious
16physical injury or death.
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(b) The dog has done any of the following on 3 occasions, without justification:
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1. Bit a person without causing serious physical injury or death.
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2. While off of the property of its owner or custodian, attacked a cat or dog and
20caused serious physical injury to, or the death of, the cat or dog.
SB38,4,3
13. While off of the property of its owner or custodian, behaved in a manner that
2a reasonable person would believe posed a significant, imminent threat of serious
3physical injury or death to a person, cat, or dog.
SB38,4,5
4(4) Justification. The department may not determine that a dog's actions are
5without justification if any of the following applies:
SB38,4,86
(a) A person threatened, bitten, or attacked by the dog was committing a crime
7against the owner or custodian of the dog or was committing a willful trespass or
8other tort upon property owned or occupied by the owner or custodian of the dog.
SB38,4,119
(b) A person threatened, bitten, or attacked by the dog was abusing, assaulting,
10or physically threatening the dog or its offspring or had previously abused,
11assaulted, or physically threatened the dog or its offspring.
SB38,4,1312
(c) A cat or dog threatened or attacked by the dog was attacking or threatening
13to attack the dog or its offspring.
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(d) The dog was responding to pain or injury or was protecting itself, its
15offspring, another dog living on the same property, its owner or custodian, or a person
16living in the household of its owner or custodian.
SB38,4,19
17(5) Notice. The department shall notify the owner or custodian of a dog if the
18department determines that the dog is vicious. In the notice, the department shall
19include a description of s. 949.292 and of the right to a hearing under s. 227.42.
SB38, s. 2
20Section
2. 938.3416 of the statutes is created to read:
SB38,4,25
21938.3416 Delinquency adjudication; restriction on possessing certain
22dogs. Whenever a court adjudicates a juvenile delinquent for an act that if
23committed by an adult in this state would be a serious felony, as defined in s. 941.292
24(1) (d), the court shall inform the juvenile of the requirements and penalties under
25s. 941.292.
SB38, s. 3
1Section
3. 938.396 (2g) (d) of the statutes is amended to read:
SB38,5,122
938.396
(2g) (d)
Bail; impeachment; firearm possession of prohibited items. 3Upon request of a court of criminal jurisdiction or a district attorney to review court
4records for the purpose of setting bail under ch. 969, impeaching a witness under s.
5906.09, or investigating and determining whether a person has possessed a firearm
6in violation of s. 941.29 (2)
or, body armor in violation of s. 941.291 (2)
, or a dog in
7violation of s. 941.292, or upon request of a court of civil jurisdiction or the attorney
8for a party to a proceeding in that court to review court records for the purpose of
9impeaching a witness under s. 906.09, the court assigned to exercise jurisdiction
10under this chapter and ch. 48 shall open for inspection by authorized representatives
11of the requester the records of the court relating to any juvenile who has been the
12subject of a proceeding under this chapter.
SB38, s. 4
13Section
4. 941.292 of the statutes is created to read:
SB38,5,14
14941.292 Possession of certain dogs.
(1) Definitions. In this section:
SB38,5,1615
(a) "Confinement term" means the period during which a person is incarcerated
16in prison.
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(b) "Identifying microchip" means a microchip that is implanted in a dog by a
18licensed veterinarian and that identifies the owner of the dog.
SB38,5,2019
(c) "Intact dog" means a dog that is over 12 weeks old and that has not been
20spayed or neutered.
SB38,5,2421
(d) "Serious felony" means a felony under s. 940.01, 940.02, 940.03, 940.05,
22940.19 (2), (4), or (5), 940.225 (1) or (2), 940.31, 943.02, 943.10 (2), 943.23 (1g), 943.32
23(2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (3) (a), 948.05,
24948.08, or 948.30 (2) or a felony violation of ch. 961.
SB38,5,2525
(e) "Vicious dog" means a dog that is determined to be vicious under s. 173.29.
SB38,6,2
1(2) Applicability. A person is subject to the requirements and penalties of this
2section if any of the following apply:
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(a) 1. He or she has been convicted of a serious felony in this state and was
4serving a confinement term for that conviction within the preceding 10 years.
SB38,6,75
2. He or she has been convicted of a crime elsewhere that would be a serious
6felony if committed in this state and was serving a confinement term for that
7conviction within the preceding 10 years.
SB38,6,98
(b) 1. He or she has been convicted of a serious felony in this state within the
9preceding 10 years.
SB38,6,1110
2. Within the preceding 10 years, he or she has been convicted of a crime
11elsewhere that would be a serious felony if committed in this state.
SB38,6,1412
(c) 1. He or she is on extended supervision as part of a sentence following a
13conviction for the serious felony or is on parole or probation following the conviction
14for the serious felony.
SB38,6,1615
2. He or she is on a supervised status following a conviction for a crime
16elsewhere that would be a serious felony if committed in this state.
SB38,6,1817
(d) He or she has been adjudicated delinquent within the preceding 10 years
18for an act that if committed by an adult in this state would be a serious felony.
SB38,6,2119
(e) He or she has been found not guilty within the preceding 10 years of a
20serious felony, or a crime elsewhere that would be a serious felony if committed in
21this state, by reason of insanity or mental disease, defect, or illness.
SB38,6,22
22(3) Prohibitions. A person specified in sub. (2) may not do any of the following:
SB38,6,2323
(a) Possess, control, or reside with a vicious dog.
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(b) Possess, control, or reside with an intact dog.
SB38,7,2
1(c) Possess a dog over 12 weeks of age that does not have an identifying
2microchip.
SB38,7,3
3(4) Penalties. (a) Whoever violates sub. (3) is guilty of a Class A misdemeanor.
SB38,7,54
(b) Whoever violates sub. (3) (a) or (b) is guilty of a Class I felony if a person or
5an animal suffers great bodily harm or death as a result of the violation.
SB38,7,96
(c) Whoever violates sub. (3) (a) or (b) is guilty of a Class H felony if an
7individual suffers great bodily harm or death as a result of the violation and the
8person knowingly allowed the dog to run loose or failed to take steps to keep the dog
9in an enclosure or under control.