AB585-ASA1,14,66 1. The person provides his or her name and address.
AB585-ASA1,14,87 2. If licensure is required by statute or ordinance, the animal is licensed or
8assurance of licensure is given by evidence of prepayment.
AB585-ASA1,14,109 3. If vaccination is required by statute or ordinance, the animal is vaccinated
10or assurance of vaccination is given by evidence of prepayment.
AB585-ASA1,14,1211 4. Any charges imposed by the political subdivision or person contracting under
12s. 173.15 (1) for custody, care, vaccination and treatment are paid or waived.
AB585-ASA1,14,1413 (b) If the animal is not a dog or cat, sell the animal at public auction, including
14sale at a licensed livestock market.
AB585-ASA1,14,1515 (c) Euthanize the animal.
AB585-ASA1,14,1616 (d) If the animal is a stray or abandoned dog, release the dog under s. 174.13.
AB585-ASA1,14,20 17(1s) Proceeds of sale. If the owner of an animal sold under sub. (1m) (b) files
18a claim and provides proof of ownership within 30 days after the sale, the sale
19proceeds, less the cost of custody, care, treatment and sale, shall be returned to the
20owner.
AB585-ASA1,14,25 21(2) Animals not returned to owner. If an animal in the custody of a political
22subdivision, other than an animal to which sub. (1m) applies, is not returned to the
23owner under sub. (1) or (5) (b) or s. 173.12 (2), 173.21 (4) or 173.22 or disposed of under
24sub. (4) or (5) (a) or s. 173.12 (3), it shall be disposed of under a court order under sub.
25(3) or s. 951.18 (4).
AB585-ASA1,15,3
1(3) Court order. (a) A political subdivision may petition the circuit court for
2an order doing any of the following with respect to an animal taken into custody by
3a law enforcement officer or a humane officer or withheld under s. 173.21 (1):
AB585-ASA1,15,54 1. Requiring the owner of the animal to pay for the custody, care or treatment
5of the animal.
AB585-ASA1,15,76 2. Requiring the owner of the animal to post bond for the costs of custody, care
7or treatment of the animal pending the outcome of any other proceeding.
AB585-ASA1,15,88 3. Authorizing the sale, destruction or other disposal of the animal.
AB585-ASA1,15,109 (b) The petition shall include the text of the proposed order and shall set forth
10the basis for the proposed order.
AB585-ASA1,15,1211 (c) The political subdivision shall serve a copy of the petition, in the manner
12provided in s. 801.11, upon the owner of the animal, if known.
AB585-ASA1,15,1413 (d) The court shall conduct a hearing on the petition. The petitioner and any
14person upon whom a copy of the petition was served may appear as a party.
AB585-ASA1,15,1715 (e) The court shall issue its order after hearing and may grant, modify and
16grant or deny the petitioned for relief, after considering the interests of the animal,
17the owner of the animal, the political subdivision and the public.
AB585-ASA1,15,20 18(4) Injured or dangerous animals. A political subdivision or person
19contracting under s. 173.15 (1) who has custody of an animal may have the animal
20euthanized if there are reasonable grounds to believe that any of the following apply:
AB585-ASA1,15,2121 (a) The animal is hopelessly injured beyond any reasonable chance of recovery.
AB585-ASA1,15,2222 (b) The animal poses an imminent threat to public health or safety.
AB585-ASA1,15,2423 (c) The animal poses an imminent threat to the health or safety of itself or its
24custodian.
AB585-ASA1,16,7
1(5) Animal not confined as required by quarantine order. (a) A political
2subdivision or person contracting under s. 173.15 (1) that has custody of an animal
3that was not confined as required by a quarantine order issued under any statute,
4rule or ordinance relating to the control of any animal disease shall confine the
5animal for the duration of the quarantine or shall euthanize the animal with the
6written permission of the owner or, if the animal is determined to be diseased, at the
7direction of the person issuing the quarantine order.
AB585-ASA1,16,148 (b) Unless the person issuing the quarantine order directs that the animal be
9euthanized because it is diseased, at the end of the quarantine period the political
10subdivision or person contracting under s. 173.15 (1) shall return the animal to its
11owner if the owner complies with sub. (1) (a) to (d) no later than the 7th day after the
12day on which the political subdivision or person contracting under s. 173.15 (1)
13demands that the owner claim the animal and pay for its custody, care and
14treatment.
AB585-ASA1,16,1615 (c) If an owner does not comply with sub. (1) (a) to (d) within the time provided
16in par. (b), the animal is considered an unclaimed animal under sub. (1m).
AB585-ASA1,16,2117 (d) Before euthanizing an animal that is in custody because it was not confined
18as required by a quarantine order, the person with custody of the animal shall notify
19the person who issued the order. If the person who issued the order determines that
20testing of specimens is necessary to determine the disease status of the animal, the
21person with custody shall collect the specimens.
AB585-ASA1,16,25 22(6) Noncompliance by owner. If an owner is ordered under sub. (3) to pay, or
23post bond for the payment of, costs of custody, care or treatment of an animal, and
24refuses to do so upon demand, the animal shall be treated as an unclaimed animal
25subject to sub. (1m).
AB585-ASA1,17,5
1173.25 Immunity for euthanizing animals. A political subdivision, a
2person contracting under s. 173.15 (1), a humane officer or a law enforcement officer
3who has reasonable grounds to believe that s. 173.23 (1m) (c), (4) or (5) or a court
4order issued under s. 173.23 (3) authorize an animal to be euthanized is not liable
5for damages for the loss of the animal resulting from euthanizing the animal.
AB585-ASA1,17,7 6173.27 Duties of the department. The department shall do all of the
7following:
AB585-ASA1,17,11 8(1) Rules. (a) Adopt, by rule, standards for the training and certification of
9humane officers to ensure that humane officers are at least minimally qualified to
10perform the duties of a humane officer. The standards shall provide for training
11offered by the department or by others.
AB585-ASA1,17,1312 (b) Adopt, by rule, deadlines by which humane officers must obtain
13certification.
AB585-ASA1,17,16 14(2) Training. Offer training courses for humane officers or approve training
15courses offered by others, or both. The department may charge a fee sufficient to
16recover the costs of training courses that it provides.
AB585-ASA1,17,19 17(3) Certification. Examine, as necessary, and certify humane officers as
18qualified. The department may charge a fee, established by rule, sufficient to recover
19the costs of certification.
AB585-ASA1,17,21 20(4) Registry of humane officers. Maintain and keep current a registry of all
21persons serving as humane officers for political subdivisions.
AB585-ASA1, s. 14 22Section 14. 174.01 (2) of the statutes is amended to read:
AB585-ASA1,18,223 174.01 (2) Inapplicable to officers, veterinarians and persons killing their
24own dog.
This section does not apply to an officer acting in the lawful performance
25of his or her duties under s. 29.05 (8) (b), 95.21, 173.23 (1m) (c), (3) or (4) or 174.02

1(3) or 174.046 (9), or to a veterinarian killing a dog in a proper and humane manner
2or to a person killing his or her own dog in a proper and humane manner.
AB585-ASA1, s. 15 3Section 15. 174.046 of the statutes is repealed.
AB585-ASA1, s. 16 4Section 16. 174.13 (3) of the statutes is amended to read:
AB585-ASA1,18,65 174.13 (3) An officer or pound which that has custody of unclaimed dogs shall
6maintain records as provided under s. 174.046 173.17.
AB585-ASA1, s. 17 7Section 17. 757.69 (1) (n) of the statutes is created to read:
AB585-ASA1,18,88 757.69 (1) (n) Hold hearings and issue orders on petitions under s. 173.23 (3).
AB585-ASA1, s. 18 9Section 18. 895.57 (1) (a) of the statutes is amended to read:
AB585-ASA1,18,1110 895.57 (1) (a) "Humane officer" means an officer appointed under s. 58.07
11173.03.
AB585-ASA1, s. 19 12Section 19. 943.75 (1) (a) of the statutes is amended to read:
AB585-ASA1,18,1413 943.75 (1) (a) "Humane officer" means an officer appointed under s. 58.07
14173.03.
AB585-ASA1, s. 20 15Section 20. 951.01 (3e) of the statutes is created to read:
AB585-ASA1,18,1616 951.01 (3e) "Humane officer" means an officer appointed under s. 173.03.
AB585-ASA1, s. 21 17Section 21. 951.01 (4) of the statutes is amended to read:
AB585-ASA1,18,2018 951.01 (4) "Law enforcement officer" has the meaning assigned under s. 967.02
19(5) and includes a humane officer under s. 58.07 but does not include a conservation
20warden appointed under s. 23.10.
AB585-ASA1, s. 22 21Section 22. 951.03 of the statutes is amended to read:
AB585-ASA1,19,2 22951.03 Dognapping and catnapping. No person may take the dog or cat of
23another from one place to another without the owner's consent or cause such a dog
24or cat to be confined or carried out of this state or held for any purpose without the

1owner's consent. This section does not apply to law enforcement officers or humane
2society agents officers engaged in the exercise of their official duties.
AB585-ASA1, s. 23 3Section 23. 951.15 (title) of the statutes is repealed and recreated to read:
AB585-ASA1,19,4 4951.15 (title) Abandoning animals.
AB585-ASA1, s. 24 5Section 24. 951.15 (1) of the statutes is renumbered 951.15.
AB585-ASA1, s. 25 6Section 25. 951.15 (2) to (4) of the statutes are repealed.
AB585-ASA1, s. 26 7Section 26. 951.16 of the statutes is renumbered 173.10 and amended to read:
AB585-ASA1,19,22 8173.10 Investigation of cruelty complaints. A person may apply for a
9search warrant under s. 968.12 if there is reason to believe that a violation of this
10chapter
ch. 951 has taken place or is taking place. If the court is satisfied that
11probable cause exists, it shall issue a search warrant directing a law enforcement
12officer in the county to proceed immediately to the location of the alleged violation
13with a doctor of veterinary medicine, if the court determines that a veterinarian is
14necessary for purposes of the search, and directing the law enforcement officer to
15search the place designated in the warrant, retaining in his or her custody subject
16to the order of the court such property or things as are specified in the warrant,
17including any animal. If the person applying for the search warrant is a humane
18officer, the warrant shall direct that the humane officer accompany the law
19enforcement officer who is directed to perform the search.
The warrant shall be
20executed and returned to the court which issued the warrant in accordance with ss.
21968.15 and 968.17. This section shall does shall not affect other powers and duties
22of law enforcement officers.
AB585-ASA1, s. 27 23Section 27. 951.162 (title) of the statutes is repealed.
AB585-ASA1, s. 28 24Section 28. 951.162 of the statutes is renumbered 173.12 (1) and amended to
25read:
AB585-ASA1,20,7
1173.12 (1) Any veterinarian who has reason to believe that an animal has been
2in a fight in violation of s. 951.08 shall report the matter to the local humane officer
3or society or county or municipal pound or to a local law enforcement agency. The
4report shall be in writing and shall include a description and the location of the
5animal, any injuries suffered by the animal and the name and address of the owner
6or person in charge of the animal, if known. The general penalty provisions under
7s. 939.61 do not apply to this section.
AB585-ASA1, s. 29 8Section 29. 951.165 (title), (1), (2) and (3) of the statutes are renumbered
9173.12 (title), (1m), (2) and (3), and 173.12 (1m) and (3), as renumbered, are amended
10to read:
AB585-ASA1,20,1711 173.12 (1m) If an animal has been seized because it is alleged that the animal
12has been used in or constitutes evidence of any crime specified in s. 951.08, the
13animal shall may not be returned to the owner by an officer under s. 968.20 (2). In
14any hearing under s. 968.20 (1), the court shall determine if the animal is needed as
15evidence or there is reason to believe that the animal has participated in or been
16trained for fighting. If the court makes such a finding, the animal shall be retained
17in custody under s. 951.16.
AB585-ASA1,20,23 18(3) (a) If the owner is convicted under s. 951.08 or is subject to the restrictions
19under s. 951.08 (2m), the animal shall be delivered to the local humane society officer
20or county or municipal pound. If there is no local humane officer or pound, the animal
21may be delivered to a local humane society or to another person designated by the
22court.
If the animal is one year old or older or shows indication of having participated
23in fighting, the animal shall be disposed of in a proper and humane manner.
AB585-ASA1,21,424 (b) If the animal is less than one year old and shows no indication of having
25participated in fighting, the animal shall be released to a person other than the

1owner or disposed of in a proper and humane manner. If the animal is a dog, the
2release or disposal shall be in accordance with s. 174.046 (8) or (9), except s. 174.046
3(8) (a) does not apply and
173.23 (1m), except that the fees under s. 174.046 (8) (d)
4173.23 (1m) (a) 4. are covered under s. 951.17 173.24.
AB585-ASA1, s. 30 5Section 30. 951.17 of the statutes is renumbered 173.24, and 173.24 (1), (2)
6(a) and (3), as renumbered, are amended to read:
AB585-ASA1,21,107 173.24 (1) A court shall assess the expenses under this section in any case in
8which there has been a search authorized under s. 951.16 173.10 or in which an
9animal has been seized because it is alleged that the animal has been used in or
10constitutes evidence of any crime under this chapter ch. 951.
AB585-ASA1,21,12 11(2) (a) Investigative expenses of any search under s. 951.16 173.10 or any
12seizure under this chapter.
AB585-ASA1,21,16 13(3) If the person alleged to have violated this chapter ch. 951 is found guilty
14of the violation, the person shall be assessed the expenses under subs. (1) and (2).
15If the person is not found guilty, the county treasurer shall pay the expenses from the
16general fund of the county.
AB585-ASA1, s. 31 17Section 31. 951.18 (1) and (4) (a) 2. and (b) of the statutes are amended to read:
AB585-ASA1,22,318 951.18 (1) Any person violating s. 951.02, 951.025, 951.03, 951.04, 951.05,
19951.06, 951.07, 951.09, 951.10, 951.11, 951.13, 951.14 or 951.15 (1) is subject to a
20Class C forfeiture. Any person who violates any of these provisions within 3 years
21after a humane officer issues an abatement order under s. 173.11 prohibiting the
22violation of that provision is subject to a Class A forfeiture.
Any person who
23intentionally or negligently violates any of those sections is guilty of a Class A
24misdemeanor. Any person who intentionally violates s. 951.02, resulting in the
25mutilation, disfigurement or death of an animal, is guilty of a Class E felony. Any

1person who intentionally violates s. 951.02 or 951.06, knowing that the animal that
2is the victim is used by a law enforcement agency to perform agency functions or
3duties and causing injury to the animal, is guilty of a Class E felony.
AB585-ASA1,22,13 4(4) (a) 2. A sentencing court shall require a criminal violator to pay restitution
5to a person, including any local humane officer or society or county or municipal
6pound or a law enforcement officer, for any pecuniary loss suffered by the person as
7a result of the crime, including expenses in keeping any animal that is involved in
8the crime. This requirement applies regardless of whether the criminal violator is
9placed on probation under s. 973.09. If restitution is ordered, the court shall consider
10the financial resources and future ability of the criminal violator to pay and shall
11determine the method of payment. Upon the application of any interested party, the
12court shall schedule and hold an evidentiary hearing to determine the value of any
13pecuniary loss under this paragraph.
AB585-ASA1,22,2414 (b) 1. A sentencing court may order that an animal be delivered to the local
15humane officer or society or the county or municipal pound or to a law enforcement
16officer if a person commits a crime under this chapter, the person is the owner of the
17animal that is involved in the crime and the court considers the order to be
18reasonable and appropriate. The society, pound or officer shall release the animal
19to a person other than the owner or dispose of the animal in a proper and humane
20manner. If the animal is a dog, the release or disposal shall be in accordance with
21s. 174.046 (8) or (9), except s. 174.046 (8) (a) does not apply and 173.23 (1m), except
22that
the fees under s. 174.046 (8) (d) 173.23 (1m) (a) 4. do not apply if the expenses
23are covered under s. 951.17 173.24. If the animal is not a dog, the society, pound or
24officer may charge a fee for the release of the animal.
AB585-ASA1,23,3
12. If the court is sentencing a person covered under s. 951.165 173.12 (3) (a) and
2an animal has been seized under s. 951.165 173.12, the court shall act in accordance
3with s. 951.165 173.12 (3).
AB585-ASA1, s. 32 4Section 32. 968.20 (1) (intro.) and (2) of the statutes are amended to read:
AB585-ASA1,23,135 968.20 (1) (intro.) Any person claiming the right to possession of property
6seized pursuant to a search warrant or seized without a search warrant may apply
7for its return to the circuit court for the county in which the property was seized or
8where the search warrant was returned. The court shall order such notice as it
9deems adequate to be given the district attorney and all persons who have or may
10have an interest in the property and shall hold a hearing to hear all claims to its true
11ownership. If the right to possession is proved to the court's satisfaction, it shall
12order the property, other than contraband or property covered under sub. (1m) or (1r)
13or s. 951.165 173.12 or 173.21 (4) (b), returned if:
AB585-ASA1,23,17 14(2) Property not required for evidence or use in further investigation, unless
15contraband or property covered under sub. (1m) or (1r) or s. 951.165 173.12, may be
16returned by the officer to the person from whom it was seized without the
17requirement of a hearing.
AB585-ASA1, s. 33 18Section 33 . Nonstatutory provisions.
AB585-ASA1,23,2319 (1) Advisory committee. The department of agriculture, trade and consumer
20protection shall appoint a committee under section 227.13 of the statutes to advise
21the department concerning rules required to be promulgated under this act. The
22department shall ensure that the members of the committee represent a variety of
23interests related to animals.
AB585-ASA1, s. 34 24Section 34. Effective dates. This act takes effect on the first day of the 19th
25month beginning after publication, except as follows:
AB585-ASA1,24,1
1(1) Section 33 (1 ) of this act takes effect on the day after publication.
Loading...
Loading...