AB585-ASA2,12,1111 (c) The animal may be used as evidence in a pending prosecution.
AB585-ASA2,12,1212 (d) A court has ordered the animal withheld for any reason.
AB585-ASA2,12,14 13(2) Examination permitted. If an animal is withheld under sub. (1), upon
14request by the owner, a veterinarian retained by the owner may examine the animal.
AB585-ASA2,12,16 15(3) Costs. The owner of an animal withheld under sub. (1) is not liable for any
16costs of custody, care or treatment except as provided by court order.
AB585-ASA2,12,20 17(4) Return. A political subdivision or person contracting under s. 173.15 (1)
18having custody of an animal withheld under sub. (1) shall release the animal to the
19owner at the direction of the humane officer or law enforcement officer that took
20custody of the animal if the requirements of s. 173.23 (1) (a) to (c) are satisfied.
AB585-ASA2,12,25 21173.22 Review of seizure or withholding. (1) Petition. A person claiming
22that an animal that he or she owns was improperly taken into custody under s.
23173.13 (1) (a) 3., 4., 5., 6. or 8. or is wrongfully withheld under s. 173.21 (1) may seek
24return of the animal by petitioning for an order from the circuit court for the county
25in which the animal was taken into custody or in which it is held.
AB585-ASA2,13,5
1(2) Notice and hearing. The court shall provide notice of a petition under sub.
2(1) to the humane officer or law enforcement officer who took the animal into custody
3or to the political subdivision that withheld the animal and shall hold a hearing on
4the issue of whether the animal was improperly taken into custody or is wrongfully
5withheld.
AB585-ASA2,13,8 6(3) Order. (a) If the animal was taken into custody under s. 173.13 (1) (a) 8.
7or is withheld under s. 173.21 (1), the court shall order the animal returned to the
8owner unless it determines that one of the following conditions is satisfied:
AB585-ASA2,13,109 1. There are reasonable grounds to believe that the owner has mistreated the
10animal in violation of ch. 951.
AB585-ASA2,13,1211 2. There are reasonable grounds to believe that the animal poses a significant
12threat to public health, safety or welfare.
AB585-ASA2,13,1313 3. The animal may be used as evidence in a pending prosecution.
AB585-ASA2,13,1414 4. A court has ordered the animal withheld for any reason.
AB585-ASA2,13,1715 (b) If the animal was taken into custody under s. 173.13 (1) (a) 3., the court shall
16order the animal returned to its owner if the court determines that the animal was
17tagged or was not required to be tagged under ch. 174.
AB585-ASA2,13,2018 (c) If the animal was taken into custody under s. 173.13 (1) (a) 4., the court shall
19order the animal returned to its owner if the court determines that the animal was
20licensed or was not required to be licensed.
AB585-ASA2,13,2321 (d) If the animal was taken into custody under s. 173.13 (1) (a) 5., the court shall
22order the animal returned to its owner if the court determines that the animal was
23not subject to a quarantine order or was confined as required by a quarantine order.
AB585-ASA2,14,3
1(e) If the animal was taken into custody under s. 173.13 (1) (a) 6., the court shall
2order the animal returned to its owner if the court determines that the animal did
3not cause damage to persons or property.
AB585-ASA2,14,7 4173.23 Disposition of animals. (1) Claim and return. Except as provided
5in sub. (4) or s. 173.21 (1), a political subdivision or person contracting under s.
6173.15 (1) shall return an animal described in s. 173.13 (1) (a) 1., 3., 4., 6., 8. or 9. to
7its owner upon the happening of all of the following:
AB585-ASA2,14,98 (a) The owner claims the animal and provides reasonable evidence of
9ownership.
AB585-ASA2,14,1110 (b) If licensure is required by statute or ordinance, the animal is licensed or
11assurance of licensure by prepayment is given.
AB585-ASA2,14,1312 (c) If vaccination is required by statute or ordinance, the animal is vaccinated
13or assurance of vaccination by prepayment is given.
AB585-ASA2,14,1414 (d) All charges for custody, care, vaccination and treatment are paid.
AB585-ASA2,14,17 15(1m) Unclaimed animals. A political subdivision or a person contracting under
16s. 173.15 (1) that has custody of an animal considered unclaimed under sub. (5) (c)
17or (6) or s. 173.13 (3) (c) or 173.19 or an unwanted animal may do any of the following:
AB585-ASA2,14,1918 (a) Release the animal to any person other than the owner if all of the following
19apply:
AB585-ASA2,14,2020 1. The person provides his or her name and address.
AB585-ASA2,14,2221 2. If licensure is required by statute or ordinance, the animal is licensed or
22assurance of licensure is given by evidence of prepayment.
AB585-ASA2,14,2423 3. If vaccination is required by statute or ordinance, the animal is vaccinated
24or assurance of vaccination is given by evidence of prepayment.
AB585-ASA2,15,2
14. Any charges imposed by the political subdivision or person contracting under
2s. 173.15 (1) for custody, care, vaccination and treatment are paid or waived.
AB585-ASA2,15,43 (b) If the animal is not a dog or cat, sell the animal at public auction, including
4sale at a licensed livestock market.
AB585-ASA2,15,55 (c) Euthanize the animal.
AB585-ASA2,15,66 (d) If the animal is a stray or abandoned dog, release the dog under s. 174.13.
AB585-ASA2,15,10 7(1s) Proceeds of sale. If the owner of an animal sold under sub. (1m) (b) files
8a claim and provides proof of ownership within 30 days after the sale, the sale
9proceeds, less the cost of custody, care, treatment and sale, shall be returned to the
10owner.
AB585-ASA2,15,15 11(2) Animals not returned to owner. If an animal in the custody of a political
12subdivision, other than an animal to which sub. (1m) applies, is not returned to the
13owner under sub. (1) or (5) (b) or s. 173.12 (2), 173.21 (4) or 173.22 or disposed of under
14sub. (4) or (5) (a) or s. 173.12 (3), it shall be disposed of under a court order under sub.
15(3) or s. 951.18 (4).
AB585-ASA2,15,18 16(3) Court order. (a) A political subdivision may petition the circuit court for
17an order doing any of the following with respect to an animal taken into custody by
18a law enforcement officer or a humane officer or withheld under s. 173.21 (1):
AB585-ASA2,15,1919 1. Providing for payment for the custody, care or treatment of the animal.
AB585-ASA2,15,2120 2. Requiring the owner of the animal to post bond for the costs of custody, care
21or treatment of the animal pending the outcome of any other proceeding.
AB585-ASA2,15,2222 3. Authorizing the sale, destruction or other disposal of the animal.
AB585-ASA2,15,2323 (b) The petition shall set forth the basis for the petitioned-for relief.
AB585-ASA2,15,2524 (c) The political subdivision shall serve a copy of the petition, in the manner
25provided in s. 801.11, upon the owner of the animal, if known.
AB585-ASA2,16,2
1(d) The court shall conduct a hearing on the petition. The petitioner and any
2person upon whom a copy of the petition was served may appear as a party.
AB585-ASA2,16,53 (e) The court shall issue its order after hearing and may grant, modify and
4grant or deny the petitioned-for relief, after considering the interests of the animal,
5the owner of the animal, the political subdivision and the public.
AB585-ASA2,16,8 6(4) Injured or dangerous animals. A political subdivision or person
7contracting under s. 173.15 (1) who has custody of an animal may have the animal
8euthanized if there are reasonable grounds to believe that any of the following apply:
AB585-ASA2,16,99 (a) The animal is hopelessly injured beyond any reasonable chance of recovery.
AB585-ASA2,16,1010 (b) The animal poses an imminent threat to public health or safety.
AB585-ASA2,16,1211 (c) The animal poses an imminent threat to the health or safety of itself or its
12custodian.
AB585-ASA2,16,19 13(5) Animal not confined as required by quarantine order. (a) A political
14subdivision or person contracting under s. 173.15 (1) that has custody of an animal
15that was not confined as required by a quarantine order issued under any statute,
16rule or ordinance relating to the control of any animal disease shall confine the
17animal for the duration of the quarantine or shall euthanize the animal with the
18written permission of the owner or, if the animal is determined to be diseased, at the
19direction of the person issuing the quarantine order.
AB585-ASA2,17,220 (b) Unless the person issuing the quarantine order directs that the animal be
21euthanized because it is diseased, at the end of the quarantine period the political
22subdivision or person contracting under s. 173.15 (1) shall return the animal to its
23owner if the owner complies with sub. (1) (a) to (d) no later than the 7th day after the
24day on which the political subdivision or person contracting under s. 173.15 (1)

1demands that the owner claim the animal and pay for its custody, care and
2treatment.
AB585-ASA2,17,43 (c) If an owner does not comply with sub. (1) (a) to (d) within the time provided
4in par. (b), the animal is considered an unclaimed animal under sub. (1m).
AB585-ASA2,17,95 (d) Before euthanizing an animal that is in custody because it was not confined
6as required by a quarantine order, the person with custody of the animal shall notify
7the person who issued the order. If the person who issued the order determines that
8testing of specimens is necessary to determine the disease status of the animal, the
9person with custody shall collect the specimens.
AB585-ASA2,17,13 10(6) Noncompliance by owner. If an owner is ordered under sub. (3) to pay, or
11post bond for the payment of, costs of custody, care or treatment of an animal, and
12refuses to do so upon demand, the animal shall be treated as an unclaimed animal
13subject to sub. (1m).
AB585-ASA2,17,18 14173.25 Immunity for euthanizing animals. A political subdivision, a
15person contracting under s. 173.15 (1), a humane officer or a law enforcement officer
16who has reasonable grounds to believe that s. 173.23 (1m) (c), (4) or (5) or a court
17order issued under s. 173.23 (3) authorize an animal to be euthanized is not liable
18for damages for the loss of the animal resulting from euthanizing the animal.
AB585-ASA2,17,20 19173.27 Duties of the department. The department shall do all of the
20following:
AB585-ASA2,17,24 21(1) Rules. (a) Adopt, by rule, standards for the training and certification of
22humane officers to ensure that humane officers are at least minimally qualified to
23perform the duties of a humane officer. The standards shall provide for training
24offered by the department or by others.
AB585-ASA2,18,2
1(b) Adopt, by rule, deadlines by which humane officers must obtain
2certification.
AB585-ASA2,18,5 3(2) Training. Offer training courses for humane officers or approve training
4courses offered by others, or both. The department may charge a fee sufficient to
5recover the costs of training courses that it provides.
AB585-ASA2,18,8 6(3) Certification. Examine, as necessary, and certify humane officers as
7qualified. The department may charge a fee, established by rule, sufficient to recover
8the costs of certification.
AB585-ASA2,18,10 9(4) Registry of humane officers. Maintain and keep current a registry of all
10persons serving as humane officers for political subdivisions.
AB585-ASA2, s. 14 11Section 14. 174.01 (2) of the statutes is amended to read:
AB585-ASA2,18,1612 174.01 (2) Inapplicable to officers, veterinarians and persons killing their
13own dog.
This section does not apply to an officer acting in the lawful performance
14of his or her duties under s. 29.05 (8) (b), 95.21, 173.23 (1m) (c), (3) or (4) or 174.02
15(3) or 174.046 (9), or to a veterinarian killing a dog in a proper and humane manner
16or to a person killing his or her own dog in a proper and humane manner.
AB585-ASA2, s. 15 17Section 15. 174.046 of the statutes is repealed.
AB585-ASA2, s. 16 18Section 16. 174.13 (3) of the statutes is amended to read:
AB585-ASA2,18,2019 174.13 (3) An officer or pound which that has custody of unclaimed dogs shall
20maintain records as provided under s. 174.046 173.17.
AB585-ASA2, s. 17 21Section 17. 757.69 (1) (n) of the statutes is created to read:
AB585-ASA2,18,2222 757.69 (1) (n) Hold hearings and issue orders on petitions under s. 173.23 (3).
AB585-ASA2, s. 18 23Section 18. 895.57 (1) (a) of the statutes is amended to read:
AB585-ASA2,18,2524 895.57 (1) (a) "Humane officer" means an officer appointed under s. 58.07
25173.03.
AB585-ASA2, s. 19
1Section 19. 943.75 (1) (a) of the statutes is amended to read:
AB585-ASA2,19,32 943.75 (1) (a) "Humane officer" means an officer appointed under s. 58.07
3173.03.
AB585-ASA2, s. 20 4Section 20. 951.01 (3e) of the statutes is created to read:
AB585-ASA2,19,55 951.01 (3e) "Humane officer" means an officer appointed under s. 173.03.
AB585-ASA2, s. 21 6Section 21. 951.01 (4) of the statutes is amended to read:
AB585-ASA2,19,97 951.01 (4) "Law enforcement officer" has the meaning assigned under s. 967.02
8(5) and includes a humane officer under s. 58.07 but does not include a conservation
9warden appointed under s. 23.10.
AB585-ASA2, s. 22 10Section 22. 951.03 of the statutes is amended to read:
AB585-ASA2,19,15 11951.03 Dognapping and catnapping. No person may take the dog or cat of
12another from one place to another without the owner's consent or cause such a dog
13or cat to be confined or carried out of this state or held for any purpose without the
14owner's consent. This section does not apply to law enforcement officers or humane
15society agents officers engaged in the exercise of their official duties.
AB585-ASA2, s. 23 16Section 23. 951.15 (title) of the statutes is repealed and recreated to read:
AB585-ASA2,19,17 17951.15 (title) Abandoning animals.
AB585-ASA2, s. 24 18Section 24. 951.15 (1) of the statutes is renumbered 951.15.
AB585-ASA2, s. 25 19Section 25. 951.15 (2) to (4) of the statutes are repealed.
AB585-ASA2, s. 26 20Section 26. 951.16 of the statutes is renumbered 173.10 and amended to read:
AB585-ASA2,20,10 21173.10 Investigation of cruelty complaints. A person may apply for a
22search warrant under s. 968.12 if there is reason to believe that a violation of this
23chapter
ch. 951 has taken place or is taking place. If the court is satisfied that
24probable cause exists, it shall issue a search warrant directing a law enforcement
25officer in the county to proceed immediately to the location of the alleged violation

1with a doctor of veterinary medicine, if the court determines that a veterinarian is
2necessary for purposes of the search, and directing the law enforcement officer to
3search the place designated in the warrant, retaining in his or her custody subject
4to the order of the court such property or things as are specified in the warrant,
5including any animal. If the person applying for the search warrant is a humane
6officer, the warrant shall direct that the humane officer accompany the law
7enforcement officer who is directed to perform the search.
The warrant shall be
8executed and returned to the court which issued the warrant in accordance with ss.
9968.15 and 968.17. This section shall does not affect other powers and duties of law
10enforcement officers.
AB585-ASA2, s. 27 11Section 27. 951.162 (title) of the statutes is repealed.
AB585-ASA2, s. 28 12Section 28. 951.162 of the statutes is renumbered 173.12 (1) and amended to
13read:
AB585-ASA2,20,2014 173.12 (1) Any veterinarian who has reason to believe that an animal has been
15in a fight in violation of s. 951.08 shall report the matter to the local humane officer
16or society or county or municipal pound or to a local law enforcement agency. The
17report shall be in writing and shall include a description and the location of the
18animal, any injuries suffered by the animal and the name and address of the owner
19or person in charge of the animal, if known. The general penalty provisions under
20s. 939.61 do not apply to this section.
AB585-ASA2, s. 29 21Section 29. 951.165 (title), (1), (2) and (3) of the statutes are renumbered
22173.12 (title), (1m), (2) and (3), and 173.12 (1m) and (3), as renumbered, are amended
23to read:
AB585-ASA2,21,524 173.12 (1m) If an animal has been seized because it is alleged that the animal
25has been used in or constitutes evidence of any crime specified in s. 951.08, the

1animal shall may not be returned to the owner by an officer under s. 968.20 (2). In
2any hearing under s. 968.20 (1), the court shall determine if the animal is needed as
3evidence or there is reason to believe that the animal has participated in or been
4trained for fighting. If the court makes such a finding, the animal shall be retained
5in custody under s. 951.16.
AB585-ASA2,21,11 6(3) (a) If the owner is convicted under s. 951.08 or is subject to the restrictions
7under s. 951.08 (2m), the animal shall be delivered to the local humane society officer
8or county or municipal pound. If there is no local humane officer or pound, the animal
9may be delivered to a local humane society or to another person designated by the
10court.
If the animal is one year old or older or shows indication of having participated
11in fighting, the animal shall be disposed of in a proper and humane manner.
AB585-ASA2,21,1712 (b) If the animal is less than one year old and shows no indication of having
13participated in fighting, the animal shall be released to a person other than the
14owner or disposed of in a proper and humane manner. If the animal is a dog, the
15release or disposal shall be in accordance with s. 174.046 (8) or (9), except s. 174.046
16(8) (a) does not apply and
173.23 (1m), except that the fees under s. 174.046 (8) (d)
17173.23 (1m) (a) 4. are covered under s. 951.17 173.24.
AB585-ASA2, s. 30 18Section 30. 951.17 of the statutes is renumbered 173.24, and 173.24 (1), (2)
19(a) and (3), as renumbered, are amended to read:
AB585-ASA2,21,2320 173.24 (1) A court shall assess the expenses under this section in any case in
21which there has been a search authorized under s. 951.16 173.10 or in which an
22animal has been seized because it is alleged that the animal has been used in or
23constitutes evidence of any crime under this chapter ch. 951.
AB585-ASA2,21,25 24(2) (a) Investigative expenses of any search under s. 951.16 173.10 or any
25seizure under this chapter.
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