LRB-3529/1
EHS:kjf&amn
2015 - 2016 LEGISLATURE
December 11, 2015 - Introduced by Senator Petrowski, cosponsored by
Representatives Spiros, Bowen, Rohrkaste, Gannon, Jagler, Milroy, A. Ott,
Subeck, Kleefisch, Sinicki, Johnson, Allen, Goyke, Ohnstad, R. Brooks,
Bernier, Weatherston, C. Taylor, Zamarripa and Brostoff. Referred to
Committee on Judiciary and Public Safety.
SB450,1,10
1An Act to repeal 173.12 (1m), 173.12 (2), 173.12 (3), 173.13 (1) (a) 7., 173.21 (1)
2(c), 173.22 (3) (a) 1. and 173.22 (3) (a) 3.;
to renumber 173.12 (1);
to renumber
3and amend 173.19;
to amend 173.12 (title), 173.13 (1) (a) 8., 173.13 (3) (title),
4173.13 (3) (a), 173.13 (3) (b), 173.21 (1) (a), 173.21 (4), 173.22 (1), 173.22 (3) (a)
5(intro.), 173.23 (1m) (intro.), 173.23 (2), 173.23 (3) (a) (intro.), 173.23 (3) (a) 3.,
6173.23 (3) (e), 951.18 (4) (b) 2. and 968.20 (1) (intro.); and
to create 173.19 (3)
7and 173.22 (4) of the statutes;
relating to: animals believed to have been
8involved in crimes against animals, when a stray or abandoned animal may be
9considered unclaimed, and a court order relating to an animal taken into or held
10in custody.
Analysis by the Legislative Reference Bureau
This bill makes various changes to the treatment of animals that are believed
to have been used in crimes against animals.
Under current law, a humane officer or law enforcement officer, on behalf of a
city, village, town, or county (local governmental unit), may take custody of an animal
if the officer believes the animal meets certain conditions, including if the animal has
been a participant in an animal fight intentionally instigated by any person or has
been criminally mistreated. This bill allows such an officer to take custody of an
animal if the officer believes the animal has been involved in any of a number of
crimes related to the treatment of animals (crimes against animals).
Under current law, a local governmental unit may withhold, or direct a person
contracting with it to withhold, an animal in custody from an owner who makes an
otherwise adequate claim for the animal on certain grounds, including if there are
reasonable grounds to believe that the owner has criminally mistreated the animal.
Under this bill, an animal may be withheld from an owner if there are reasonable
grounds to believe that the owner has used the animal in any crime against animals.
Under current law, if the owner of an animal that is being held in custody (by
a local governmental unit or other person, such as a humane society, on behalf of a
local governmental unit) is convicted of a crime related to animal fighting and the
animal is one year old or older or shows indication of having participated in fighting,
the animal must be euthanized.
Also under current law, an animal that is taken into custody for certain reasons
may be considered an unclaimed animal, including if the animal is abandoned or a
stray, if it is an untagged dog, if it is not licensed, or if its owner fails to pick it up from
a veterinarian. If an animal is considered unclaimed, the person with custody of the
animal has a number of options regarding treatment of the animal. These options
include releasing the animal to a person other than the owner under certain
circumstances, selling an animal other than a dog or cat at public auction,
euthanizing the animal, or, if the animal is a stray, releasing the animal for scientific
or educational purposes.
Under this bill, if an animal of any age is being held in custody and the owner
of the animal is convicted of a crime against an animal, the animal must be treated
as an unclaimed animal.
Under current law, if an animal has been taken into custody because it is
believed that the animal has been used in, or is evidence of, a crime related to animal
fighting, it must be retained in custody. If the owner claims the right of possession
of the animal, a court must determine whether the animal is needed as evidence or
there is reason to believe that the animal has been used in fighting. If so, the animal
must be retained in custody.
Under this bill, if an animal has been taken into custody because it is believed
that the animal has been used in any crime against animals or that it constitutes
evidence of a crime against animals, it must be retained in custody. The bill provides
the animal's owner an opportunity to file an application with the court for the return
of seized property within 30 days after the animal is seized, and the owner is barred
from filing such an application after this period. If the owner files a timely
application, the bill requires the court to hold a hearing within 20 days of receiving
the application. At the hearing, if the court determines that there is reason to believe
that the animal was used in any crime against animals or that the animal constitutes
evidence of a crime against animals, the bill requires the court to order the animal
to be retained in custody. If the court determines that the animal is not needed as
evidence and that there is no reason to believe that the animal was used in a crime
against animals, the bill requires the court to order the animal to be returned to the
owner.
The bill also allows the local governmental unit or other person with custody
of an animal believed to have been used in, or constitutes evidence of, a crime against
animals to demand payment from the animal's owner for the custody, care, and
treatment of the animal no more frequently than every 14 days. If the payment
demanded is not received within 30 days of mailing the demand, the bill requires the
animal to be treated as an unclaimed animal. The bill allows an owner to challenge
the reasonableness of the amount of payment demanded.
Under current law, generally, a local governmental unit or person contracting
with it may treat an animal as an unclaimed animal if it is taken into custody because
it is abandoned or a stray, it is an untagged dog, it is not licensed in compliance with
any ordinance, or it is delivered by a veterinarian after the owner failed to pick it up
and if, within seven days after the animal is seized, it is not claimed by and returned
to its owner. Under this bill, the period after which a stray or abandoned animal may
be treated as unclaimed is reduced to four days.
Under current law, a local governmental unit may petition the court for an
order regarding an animal in custody, including an order requiring payment or the
posting of a bond for the costs of custody, care, and treatment pending the outcome
of a proceeding or an order authorizing the sale, destruction, or other disposal of the
animal. This bill allows a person other than a local governmental unit that has
custody of an animal, such as a humane society, to petition the court for such an order.
For further information see the 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:
SB450,1
1Section
1. 173.12 (title) of the statutes is amended to read:
SB450,3,2
2173.12 (title)
Animal fighting; seizure.
SB450,2
3Section
2. 173.12 (1) of the statutes is renumbered 173.12.
SB450,3
4Section
3. 173.12 (1m) of the statutes is repealed.
SB450,4
5Section
4. 173.12 (2) of the statutes is repealed.
SB450,5
6Section
5. 173.12 (3) of the statutes is repealed.
SB450,6
7Section
6. 173.13 (1) (a) 7. of the statutes is repealed.
SB450,7
8Section
7. 173.13 (1) (a) 8. of the statutes is amended to read:
SB450,4,2
1173.13
(1) (a) 8. An animal
mistreated in violation of used in any crime under 2ch. 951 or that constitutes evidence of a crime under ch. 951.
SB450,8
3Section
8. 173.13 (3) (title) of the statutes is amended to read:
SB450,4,44
173.13
(3) (title)
Notification of owner.
SB450,9
5Section
9. 173.13 (3) (a) of the statutes is amended to read:
SB450,4,126
173.13
(3) (a) If a humane officer or law enforcement officer takes custody of
7an animal with the knowledge of the owner, the humane officer or law enforcement
8officer shall explain the procedure by which the owner can recover the animal,
9including the procedure under s. 173.22, and the procedure to be followed if the
10animal is not returned to the owner.
If the humane officer or law enforcement officer
11takes custody of the animal under sub. (1)_(a) 8., the humane officer or law
12enforcement officer shall explain the provisions of s. 173.22 (4) to the owner.
SB450,10
13Section
10. 173.13 (3) (b) of the statutes is amended to read:
SB450,4,2314
173.13
(3) (b) If a humane officer or law enforcement officer takes custody of
15an animal without the knowledge of the owner, the humane officer or law
16enforcement officer shall promptly notify the owner in writing if he or she can be
17identified and located with reasonable effort. The notice shall explain the procedure
18by which the owner can recover the animal, including the procedure under s. 173.22,
19and the procedure to be followed if the animal is not returned to the owner. The notice
20shall also inform the owner that the owner must notify any person with a lien on the
21animal that the animal has been taken into custody.
If the humane officer or law
22enforcement officer takes custody of the animal under sub. (1)_(a) 8., the notice shall
23explain the provisions of s. 173.22 (4).
SB450,11
24Section
11. 173.19 of the statutes is renumbered 173.19 (1) and amended to
25read:
SB450,5,4
1173.19
(1) A political subdivision or person contracting under s. 173.15 (1) may
2treat any animal taken into custody under s. 173.13 (1) (a) 1.
, as an unclaimed animal
3subject to s. 173.23 (1m) if, within 4 days after custody is taken of the animal, it is
4not claimed by and returned to its owner under s. 173.23 (1).
SB450,5,11
5(2) Except as provided in sub. (3), a political subdivision or person contracting
6under s. 173.15 (1) may treat any animal taken into custody under s. 173.13 (1) (a) 73., 4.
, or 9. as an unclaimed animal subject to s. 173.23 (1m) if, within 7 days after
8custody is taken of the animal, it is not claimed by and returned to its owner under
9s. 173.23 (1), except that an animal taken into custody under s. 173.13 (1) (a) 3. or
104. may not be treated as unclaimed if its owner files a petition under s. 173.22 (1)
11within 7 days after custody is taken.
SB450,12
12Section
12. 173.19 (3) of the statutes is created to read:
SB450,5,1513
173.19
(3) If an animal is taken into custody under s. 173.13 (1) (a) 3., 4., or 9.
14and also taken into custody under s. 173.13 (1) (a) 1., only sub. (1) applies to that
15animal.
SB450,13
16Section
13. 173.21 (1) (a) of the statutes is amended to read:
SB450,5,1917
173.21
(1) (a) There are reasonable grounds to believe that the owner has
18mistreated the animal in violation of used the animal in a crime under ch. 951 or that
19the animal constitutes evidence of a crime under ch. 951.
SB450,14
20Section
14. 173.21 (1) (c) of the statutes is repealed.
SB450,15
21Section
15. 173.21 (4) of the statutes is amended to read:
SB450,6,222
173.21
(4) Return. A Except with respect to an animal taken into custody
23under s. 173.13 (1) (a) 8., a political subdivision or person contracting under s. 173.15
24(1) having custody of an animal withheld under sub. (1) shall release the animal to
1the owner at the direction of the humane officer or law enforcement officer that took
2custody of the animal if the requirements of s. 173.23 (1) (a) to (c) are satisfied.
SB450,16
3Section
16. 173.22 (1) of the statutes is amended to read:
SB450,6,84
173.22
(1) Petition. A person claiming that an animal that he or she owns was
5improperly taken into custody under s. 173.13 (1) (a) 3., 4., 5.,
or 6.
or 8. or is
6wrongfully withheld under s. 173.21 (1)
(b) or (d) may seek return of the animal by
7petitioning for an order from the circuit court for the county in which the animal was
8taken into custody or in which it is held.
SB450,17
9Section
17. 173.22 (3) (a) (intro.) of the statutes is amended to read:
SB450,6,1310
173.22
(3) (a) (intro.) If the animal
was taken into custody under s. 173.13 (1)
11(a) 8. or is withheld under s. 173.21 (1)
(b) or (d), the court shall order the animal
12returned to the owner unless it determines that one of the following conditions is
13satisfied:
SB450,18
14Section
18. 173.22 (3) (a) 1. of the statutes is repealed.
SB450,19
15Section
19. 173.22 (3) (a) 3. of the statutes is repealed.
SB450,20
16Section
20. 173.22 (4) of the statutes is created to read:
SB450,7,217
173.22
(4) Holding an animal involved in a crime. (a) An owner of an animal
18taken into custody under s. 173.13 (1) (a) 8. or withheld under s. 173.21 (1) (a) may
19apply for the animal's return to the circuit court for the county in which the animal
20was taken into custody. No application under this paragraph may be made more
21than 30 days after the animal was seized. The court shall order such notice as it
22considers adequate to be given the district attorney, the political subdivision or
23person contracting under s. 173.15 (1) with custody of the animal, and all persons
24who have or may have an interest in the animal. The court shall hold a hearing to
1hear all claims to the animal's ownership within 20 days after a timely application
2is filed, and the hearing shall be given preference.
SB450,7,103
(b) In the hearing under par. (a), the court shall determine if the animal is
4needed as evidence or if there is reason to believe that the animal was involved in any
5crime under ch. 951. If the court determines that the animal is needed as evidence
6or that there is reason to believe that the animal was involved in any crime under
7ch. 951, the court shall order the animal to be retained in custody. If the court
8determines that the animal is not needed as evidence and that there is not reason
9to believe that the animal was involved in a crime under ch. 951, the court shall order
10the animal returned to the owner.
SB450,7,1411
(c) If the owner files a timely application under par. (a) and the court orders the
12animal to be retained in custody under par. (b), no payment is due under par. (f) until
1330 days after the court order. If the court orders an animal to be returned to its owner
14under par. (b), no payment is due under par. (f).
SB450,7,1715
(d) If an animal that was taken into custody under s. 173.13 (1) (a) 8. or is
16withheld under s. 173.21 (1) (a) is in custody and its owner is charged with a crime
17under ch. 951, one of the following applies:
SB450,7,2218
1. If all of the charges are dismissed or the owner is found not guilty of all
19charges, the political subdivision or person contracting under s. 173.15 (1) with
20custody of the animal shall return the animal to the owner unless the owner is subject
21to the restrictions under s. 951.08 (2m) or the animal has been treated as unclaimed
22or is otherwise subject to a disposition under s. 173.23.
SB450,7,2523
2. If the owner is convicted of a crime under ch. 951, the animal shall be treated
24as unclaimed under s. 173.23 (1m), except that the charges under s. 173.23 (1m) (a)
254. do not apply if the court assesses the charges as expenses under s. 173.24.
SB450,8,8
1(e) If an animal that was taken into custody under s. 173.13 (1) (a) 8. or is
2withheld under s. 173.21 (1) (a) is in custody and the district attorney or the
3department of justice notifies the political subdivision or person contracting under
4s. 173.15 (1) with custody of the animal that the animal's owner will not be charged
5with a crime under ch. 951, the political subdivision or person contracting under s.
6173.15 (1) with custody of the animal shall return the animal to its owner unless the
7owner is subject to the restrictions under s. 951.08 (2m) or the animal has been
8treated as unclaimed or is otherwise subject to a disposition under s. 173.23.
SB450,9,29
(f) The owner of an animal taken into custody under s. 173.13 (1) (a) 8. or
10withheld under s. 173.21 (1) (a) is personally liable to the political subdivision or
11person contracting under s. 173.15 (1) with custody of the animal for the cost of the
12custody, care, and treatment of the animal. The political subdivision or person
13contracting under s. 173.15 (1) shall notify the owner in writing that he or she must
14pay for the outstanding costs of custody, care, or treatment of the animal upon
15demand. The political subdivision or person contracting under s. 173.15 (1) may
16demand such payment no more frequently than every 14 days and shall do so by 1st
17class mail to the owner's last-known address. If the amount demanded is received
18within 30 days of the mailing of the demand, the political subdivision or person
19contracting under s. 173.15 (1) shall keep the animal in custody. Except as provided
20in par. (c), if the amount demanded is not received within 30 days of the mailing of
21the demand, the political subdivision or person contracting under s. 173.15 (1) shall
22treat the animal as unclaimed under s. 173.23 (1m). The owner of the animal may
23challenge the reasonableness of the amount demanded under this paragraph by
24filing a petition with the court within 20 days after the date the demand is mailed.
1The owner may not file a petition challenging the reasonableness of the amount
2demanded more than 20 days after the date the demand is mailed.
SB450,21
3Section
21. 173.23 (1m) (intro.) of the statutes is amended to read:
SB450,9,74
173.23
(1m) Unclaimed animals. (intro.) A political subdivision or a person
5contracting under s. 173.15 (1) that has custody of an animal considered unclaimed
6under sub.
(3) (a) 3., (5) (c)
, or (6) or s. 173.13 (3) (c)
or, 173.19
, or 173.22 (4) (e) or (f) 7or an unwanted animal may do any of the following:
SB450,22
8Section
22. 173.23 (2) of the statutes is amended to read:
SB450,9,139
173.23
(2) Animals not returned to owner. If an animal in the custody of a
10political subdivision, other than an animal to which sub. (1m) applies, is not returned
11to the owner under sub. (1) or (5) (b) or
s. 173.12 (2), 173.21 (4) or 173.22 or disposed
12of under sub. (4) or (5) (a) or s.
173.12 (3) 173.22 (4) (e) 2., it shall be disposed of under
13a court order under sub. (3) or s. 951.18 (4).
SB450,23
14Section
23. 173.23 (3) (a) (intro.) of the statutes is amended to read:
SB450,9,1815
173.23
(3) (a) (intro.) A political subdivision
or person contracting under s.
16173.15 (1) may petition the circuit court for an order doing any of the following with
17respect to an animal taken into custody by a law enforcement officer or a humane
18officer or withheld under s. 173.21 (1):
SB450,24
19Section
24. 173.23 (3) (a) 3. of the statutes is amended to read:
SB450,9,2120
173.23
(3) (a) 3. Authorizing the sale, destruction
, treatment as unclaimed
21under sub. (1m), or other disposal of the animal.
SB450,25
22Section
25. 173.23 (3) (e) of the statutes is amended to read: