Amendment ASA1-AB585

AB585-ASA1,18,16 951.01 (3e) "Humane officer" means an officer appointed under s. 173.03.

AB585-ASA1, s. 21 Section 21. 951.01 (4) of the statutes is amended to read:

AB585-ASA1,18,20 951.01 (4) "Law enforcement officer" has the meaning assigned under s. 967.02 (5) and includes a humane officer under s. 58.07 but does not include a conservation warden appointed under s. 23.10.

AB585-ASA1, s. 22 Section 22. 951.03 of the statutes is amended to read:

AB585-ASA1,19,2 951.03 Dognapping and catnapping. No person may take the dog or cat of another from one place to another without the owner's consent or cause such a dog or cat to be confined or carried out of this state or held for any purpose without the owner's consent. This section does not apply to law enforcement officers or humane society agents officers engaged in the exercise of their official duties.

AB585-ASA1, s. 23 Section 23. 951.15 (title) of the statutes is repealed and recreated to read:

AB585-ASA1,19,4 951.15 (title) Abandoning animals.

AB585-ASA1, s. 24 Section 24. 951.15 (1) of the statutes is renumbered 951.15.

AB585-ASA1, s. 25 Section 25. 951.15 (2) to (4) of the statutes are repealed.

AB585-ASA1, s. 26 Section 26. 951.16 of the statutes is renumbered 173.10 and amended to read:

AB585-ASA1,19,22 173.10 Investigation of cruelty complaints. A person may apply for a search warrant under s. 968.12 if there is reason to believe that a violation of this chapter ch. 951 has taken place or is taking place. If the court is satisfied that probable cause exists, it shall issue a search warrant directing a law enforcement officer in the county to proceed immediately to the location of the alleged violation with a doctor of veterinary medicine, if the court determines that a veterinarian is necessary for purposes of the search, and directing the law enforcement officer to search the place designated in the warrant, retaining in his or her custody subject to the order of the court such property or things as are specified in the warrant, including any animal. If the person applying for the search warrant is a humane officer, the warrant shall direct that the humane officer accompany the law enforcement officer who is directed to perform the search. The warrant shall be executed and returned to the court which issued the warrant in accordance with ss. 968.15 and 968.17. This section shall does shall not affect other powers and duties of law enforcement officers.

AB585-ASA1, s. 27 Section 27. 951.162 (title) of the statutes is repealed.

AB585-ASA1, s. 28 Section 28. 951.162 of the statutes is renumbered 173.12 (1) and amended to read:

AB585-ASA1,20,7 173.12 (1) Any veterinarian who has reason to believe that an animal has been in a fight in violation of s. 951.08 shall report the matter to the local humane officer or society or county or municipal pound or to a local law enforcement agency. The report shall be in writing and shall include a description and the location of the animal, any injuries suffered by the animal and the name and address of the owner or person in charge of the animal, if known. The general penalty provisions under s. 939.61 do not apply to this section.

AB585-ASA1, s. 29 Section 29. 951.165 (title), (1), (2) and (3) of the statutes are renumbered 173.12 (title), (1m), (2) and (3), and 173.12 (1m) and (3), as renumbered, are amended to read:

AB585-ASA1,20,17 173.12 (1m) If an animal has been seized because it is alleged that the animal has been used in or constitutes evidence of any crime specified in s. 951.08, the animal shall may not be returned to the owner by an officer under s. 968.20 (2). In any hearing under s. 968.20 (1), the court shall determine if the animal is needed as evidence or there is reason to believe that the animal has participated in or been trained for fighting. If the court makes such a finding, the animal shall be retained in custody under s. 951.16.

AB585-ASA1,20,23 (3) (a) If the owner is convicted under s. 951.08 or is subject to the restrictions under s. 951.08 (2m), the animal shall be delivered to the local humane society officer or county or municipal pound. If there is no local humane officer or pound, the animal may be delivered to a local humane society or to another person designated by the court. If the animal is one year old or older or shows indication of having participated in fighting, the animal shall be disposed of in a proper and humane manner.

AB585-ASA1,21,4 (b) If the animal is less than one year old and shows no indication of having participated in fighting, the animal shall be released to a person other than the owner or disposed of in a proper and humane manner. If the animal is a dog, the release or disposal shall be in accordance with s. 174.046 (8) or (9), except s. 174.046 (8) (a) does not apply and 173.23 (1m), except that the fees under s. 174.046 (8) (d) 173.23 (1m) (a) 4. are covered under s. 951.17 173.24.

AB585-ASA1, s. 30 Section 30. 951.17 of the statutes is renumbered 173.24, and 173.24 (1), (2) (a) and (3), as renumbered, are amended to read:

AB585-ASA1,21,10 173.24 (1) A court shall assess the expenses under this section in any case in which there has been a search authorized under s. 951.16 173.10 or in which an animal has been seized because it is alleged that the animal has been used in or constitutes evidence of any crime under this chapter ch. 951.

AB585-ASA1,21,12 (2) (a) Investigative expenses of any search under s. 951.16 173.10 or any seizure under this chapter.

AB585-ASA1,21,16 (3) If the person alleged to have violated this chapter ch. 951 is found guilty of the violation, the person shall be assessed the expenses under subs. (1) and (2). If the person is not found guilty, the county treasurer shall pay the expenses from the general fund of the county.

AB585-ASA1, s. 31 Section 31. 951.18 (1) and (4) (a) 2. and (b) of the statutes are amended to read:

AB585-ASA1,22,3 951.18 (1) Any person violating s. 951.02, 951.025, 951.03, 951.04, 951.05, 951.06, 951.07, 951.09, 951.10, 951.11, 951.13, 951.14 or 951.15 (1) is subject to a Class C forfeiture. Any person who violates any of these provisions within 3 years after a humane officer issues an abatement order under s. 173.11 prohibiting the violation of that provision is subject to a Class A forfeiture. Any person who intentionally or negligently violates any of those sections is guilty of a Class A misdemeanor. Any person who intentionally violates s. 951.02, resulting in the mutilation, disfigurement or death of an animal, is guilty of a Class E felony. Any person who intentionally violates s. 951.02 or 951.06, knowing that the animal that is the victim is used by a law enforcement agency to perform agency functions or duties and causing injury to the animal, is guilty of a Class E felony.

AB585-ASA1,22,13 (4) (a) 2. A sentencing court shall require a criminal violator to pay restitution to a person, including any local humane officer or society or county or municipal pound or a law enforcement officer, for any pecuniary loss suffered by the person as a result of the crime, including expenses in keeping any animal that is involved in the crime. This requirement applies regardless of whether the criminal violator is placed on probation under s. 973.09. If restitution is ordered, the court shall consider the financial resources and future ability of the criminal violator to pay and shall determine the method of payment. Upon the application of any interested party, the court shall schedule and hold an evidentiary hearing to determine the value of any pecuniary loss under this paragraph.

AB585-ASA1,22,24 (b) 1. A sentencing court may order that an animal be delivered to the local humane officer or society or the county or municipal pound or to a law enforcement officer if a person commits a crime under this chapter, the person is the owner of the animal that is involved in the crime and the court considers the order to be reasonable and appropriate. The society, pound or officer shall release the animal to a person other than the owner or dispose of the animal in a proper and humane manner. If the animal is a dog, the release or disposal shall be in accordance with s. 174.046 (8) or (9), except s. 174.046 (8) (a) does not apply and 173.23 (1m), except that the fees under s. 174.046 (8) (d) 173.23 (1m) (a) 4. do not apply if the expenses are covered under s. 951.17 173.24. If the animal is not a dog, the society, pound or officer may charge a fee for the release of the animal.

AB585-ASA1,23,3 2. If the court is sentencing a person covered under s. 951.165 173.12 (3) (a) and an animal has been seized under s. 951.165 173.12, the court shall act in accordance with s. 951.165 173.12 (3).

AB585-ASA1, s. 32 Section 32. 968.20 (1) (intro.) and (2) of the statutes are amended to read:

AB585-ASA1,23,13 968.20 (1) (intro.) Any person claiming the right to possession of property seized pursuant to a search warrant or seized without a search warrant may apply for its return to the circuit court for the county in which the property was seized or where the search warrant was returned. The court shall order such notice as it deems adequate to be given the district attorney and all persons who have or may have an interest in the property and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the property, other than contraband or property covered under sub. (1m) or (1r) or s. 951.165 173.12 or 173.21 (4) (b), returned if:

AB585-ASA1,23,17 (2) Property not required for evidence or use in further investigation, unless contraband or property covered under sub. (1m) or (1r) or s. 951.165 173.12, may be returned by the officer to the person from whom it was seized without the requirement of a hearing.

AB585-ASA1, s. 33 Section 33 . Nonstatutory provisions.

AB585-ASA1,23,23 (1) Advisory committee. The department of agriculture, trade and consumer protection shall appoint a committee under section 227.13 of the statutes to advise the department concerning rules required to be promulgated under this act. The department shall ensure that the members of the committee represent a variety of interests related to animals.

AB585-ASA1, s. 34 Section 34. Effective dates. This act takes effect on the first day of the 19th month beginning after publication, except as follows:

AB585-ASA1,24,1 (1) Section 33 (1 ) of this act takes effect on the day after publication.

AB585-ASA1,24,2 (End)