LRB-5393/3
MCP&CMH:kjf
2017 - 2018 LEGISLATURE
March 7, 2018 - Introduced by Senators Erpenbach and Carpenter. Referred to
Committee on Judiciary and Public Safety.
SB860,1,6 1An Act to repeal 951.08 (2m); to amend 173.22 (4) (d) 1., 173.22 (4) (e), 951.18
2(2), 951.18 (4) (a) 1. c., 951.18 (4) (a) 2., 951.18 (4) (b) 1. and 951.18 (4) (c); and
3to create 173.43 and 944.17 (2m) of the statutes; relating to: prohibiting the
4conveyance of an animal to a person convicted of a crime against an animal, and
5imposing certain sentencing requirements for a person convicted of a crime
6against an animal.
Analysis by the Legislative Reference Bureau
This bill prohibits a person from conveying an animal to another person unless
the person conveying the animal requests a background check from the Department
of Justice, at the expense of the person obtaining the animal, and the background
check shows that the person obtaining the animal has not been convicted of a crime
against an animal. A person who conveys an animal in violation of this requirement
is subject to existing penalties under current law, which provide for a forfeiture of not
more than $1,000 for the first offense and not less than $200 nor more than $2,000
for the second or any subsequent offense within five years.
Current law allows the sentencing court to order persons who are convicted of
certain crimes against an animal not to own, possess, or train any animal or type or
species of an animal for a maximum of five years. This bill allows the sentencing
court to order a person who was convicted of such a crime not to own, possess, reside
with, or train any animal for any period, including for his or her lifetime. In addition,

this bill adds the current law crime of sexual gratification involving an animal to the
list of crimes to which the prohibition may be imposed.
Under current law, a sentencing court must order persons who are convicted of
certain crimes against an animal to pay restitution for any pecuniary loss suffered
by another person as a result of the crime. This bill adds sexual gratification
involving an animal to this list of crimes requiring such restitution and adds to the
definition of pecuniary loss any expenses in seizing and caring for an animal involved
in the crime.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB860,1 1Section 1. 173.22 (4) (d) 1. of the statutes is amended to read:
SB860,2,62 173.22 (4) (d) 1. If all of the charges are dismissed or the owner is found not
3guilty of all charges, the political subdivision or person contracting under s. 173.15
4(1) with custody of the animal shall return the animal to the owner unless the owner
5is subject to the restrictions under s. 951.08 (2m) 951.18 (4) (c) or the animal has been
6treated as unclaimed or is otherwise subject to a disposition under s. 173.23.
SB860,2 7Section 2. 173.22 (4) (e) of the statutes is amended to read:
SB860,2,158 173.22 (4) (e) If an animal that was taken into custody under s. 173.13 (1) (a)
98. or is withheld under s. 173.21 (1) (a) is in custody and the district attorney or the
10department of justice notifies the political subdivision or person contracting under
11s. 173.15 (1) with custody of the animal that the animal's owner will not be charged
12with a crime under ch. 951, the political subdivision or person contracting under s.
13173.15 (1) with custody of the animal shall return the animal to its owner unless the
14owner is subject to the restrictions under s. 951.08 (2m) 951.18 (4) (c) or the animal
15has been treated as unclaimed or is otherwise subject to a disposition under s. 173.23.
SB860,3 16Section 3. 173.43 of the statutes is created to read:
SB860,3,5 17173.43 Conveying an animal to a person convicted of a crime against
18an animal.
No person may convey an animal to another person unless the person

1conveying the animal obtains a criminal history search of the person obtaining the
2animal, at the expense of the person obtaining the animal, from the records
3maintained by the department of justice and the search does not indicate that the
4person obtaining the animal has been convicted of a violation of ch. 951 or of s. 944.17
5(2) (c) or (d).
SB860,4 6Section 4. 944.17 (2m) of the statutes is created to read:
SB860,3,87 944.17 (2m) In addition to the penalties applicable under this section, any
8person who violates sub. (2) (c) or (d) is subject to the penalties under s. 951.18 (4).
SB860,5 9Section 5. 951.08 (2m) of the statutes is repealed.
SB860,6 10Section 6. 951.18 (2) of the statutes is amended to read:
SB860,3,1411 951.18 (2) Any person who violates s. 951.08 (2m) or (3) is guilty of a Class A
12misdemeanor. Any person who violates s. 951.08 (1) or (2) is guilty of a Class I felony
13for the first violation and is guilty of a Class H felony for the 2nd or subsequent
14violation.
SB860,7 15Section 7. 951.18 (4) (a) 1. c. of the statutes is amended to read:
SB860,3,1716 951.18 (4) (a) 1. c. Expenses in seizing, keeping, and caring for any animal that
17is involved in the crime.
SB860,8 18Section 8. 951.18 (4) (a) 2. of the statutes is amended to read:
SB860,4,519 951.18 (4) (a) 2. A sentencing court shall require a criminal violator person who
20has been convicted of a crime under this chapter or of a violation under s. 944.17 (2)
21(c) or (d)
to pay restitution to a another person, including any local humane officer
22or society or county or municipal pound or a , law enforcement officer or conservation
23warden, or law enforcement agency, for any pecuniary loss suffered by the person as
24a result of the crime. This requirement applies regardless of whether the criminal
25violator
convicted person is placed on probation under s. 973.09. If restitution is

1ordered, the court shall consider the financial resources and future ability of the
2criminal violator convicted person to pay and shall determine the method of
3payment. Upon the application of any interested party, the court shall schedule and
4hold an evidentiary hearing to determine the value of any pecuniary loss under this
5paragraph.
SB860,9 6Section 9. 951.18 (4) (b) 1. of the statutes is amended to read:
SB860,4,207 951.18 (4) (b) 1. A sentencing court may order that an animal be delivered to
8the local humane officer or society or the county or municipal pound or to a law
9enforcement officer if a person commits a crime under this chapter or under s. 944.17
10(2) (c) or (d)
, the person is the owner of the animal that is involved in the crime and
11the court considers the order to be reasonable and appropriate. A sentencing court
12may order that an animal be delivered to the department of natural resources, if the
13animal is a wild animal that is subject to regulation under ch. 169 and the court
14considers the order to be reasonable and appropriate. The society, pound, officer or
15department of natural resources shall release the animal to a person other than the
16owner or dispose of the animal in a proper and humane manner. If the animal is a
17dog, the release or disposal shall be in accordance with s. 173.23 (1m), except that
18the fees under s. 173.23 (1m) (a) 4. do not apply if the expenses are covered under s.
19173.24. If the animal is not a dog, the society, pound or officer may charge a fee for
20the release of the animal.
SB860,10 21Section 10. 951.18 (4) (c) of the statutes is amended to read:
SB860,5,322 951.18 (4) (c) Except as provided in s. 951.08 (2m), a A sentencing court may
23order that the criminal violator may a person who has been convicted of a crime
24under this chapter or of a violation under s. 944.17 (2) (c) or (d)
not to own, possess,
25reside with,
or train any animal or type or species of animal for a period specified by

1the court, but not to exceed 5 years. In computing the time period, time which the
2person spent in actual confinement serving a sentence shall be excluded
including
3for the person's lifetime
.
SB860,11 4Section 11. Initial applicability.
SB860,5,65 (1) The treatment of section 173.43 of the statutes first applies to conveyances
6that occur on the effective date of this subsection.
SB860,5,77 (End)
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