JEO&RPN:kmg:km
1997 - 1998 LEGISLATURE
ASSEMBLY AMENDMENT 4,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 733
March 24, 1998 - Offered by Representatives Gronemus, Huber, Baumgart,
Goetsch and Ott.
AB733-ASA1-AA4,1,64
174.02
(1) (a)
Without notice. Subject to s. 895.045
and except as provided in
5s. 895.57 (4), the owner of a dog is liable for the full amount of damages caused by
6the dog injuring or causing injury to a person, domestic animal or property.
AB733-ASA1-AA4,1,128
174.02
(1) (b)
After notice. Subject to s. 895.045
and except as provided in s.
9895.57 (4), the owner of a dog is liable for 2 times the full amount of damages caused
10by the dog injuring or causing injury to a person, domestic animal or property if the
11owner was notified or knew that the dog previously injured or caused injury to a
12person, domestic animal or property.".
AB733-ASA1-AA4,2,3
2"895.57
(4) (a) In this subsection, "security device" includes any of the
3following:
AB733-ASA1-AA4,2,44
1. Any fence enumerated under s. 90.02.
AB733-ASA1-AA4,2,65
2. A theft alarm signal device, a burglar alarm or any other security alarm
6system or device.
AB733-ASA1-AA4,2,98
(b) Subject to par. (c), an owner or custodian of a confined animal is immune
9from civil liability for any damages to a person if all of the following apply:
AB733-ASA1-AA4,2,1110
1. The person suffers the damages while violating or attempting to violate s.
11943.75 (2m).
AB733-ASA1-AA4,2,1812
2. The damages are caused by a security device that is installed or used by the
13owner or custodian and that the owner or custodian reasonably believes is necessary
14to protect the confined animal or the premises containing the animal. For purposes
15of this subdivision, it is not reasonable to install or use a security device that is
16intended or likely to cause death or great bodily harm, as defined in s. 939.22 (14),
17for the purpose of protecting a confined animal or the premises containing a confined
18animal.
AB733-ASA1-AA4,2,2119
(c) If an owner or custodian of a confined animal uses a dog as a security device,
20the owner or custodian is entitled to immunity under par. (b) only if the dog is on the
21owner's or custodian's property at the time that it causes the damages.".
AB733-ASA1-AA4,3,6
1943.75
(2) Whoever intentionally releases an animal that is lawfully confined
2for
scientific, farming, companionship or protection of persons or property,
3recreation,
restocking, research, exhibition
, commercial or educational purposes,
4acting without the consent of the owner or custodian of the animal, is guilty of a Class
5C misdemeanor. A 2nd violation of this section by a person is a Class A misdemeanor.
6A 3rd or subsequent violation of this section by a person is a Class E felony.
AB733-ASA1-AA4,3,118
943.75
(2m) Whoever intentionally releases an animal that is lawfully
9confined for scientific, farming, restocking, research or commercial purposes, acting
10without the consent of the owner or custodian of the animal, is guilty of a Class C
11felony.
AB733-ASA1-AA4,3,2114
943.75
(3) Subsection Subsections (2)
does and (2m) do not apply to any
15humane officer, local health officer, peace officer, employe of the department of
16natural resources while on any land licensed under s. 29.573, 29.574, 29.575 or
1729.578 or designated as a wildlife refuge under s. 29.57 (1) or employe of the
18department of agriculture, trade and consumer protection if the officer's or employe's
19acts are in good faith and in an apparently authorized and reasonable fulfillment of
20his or her duties. This subsection does not limit any other person from claiming the
21defense of privilege under s. 939.45 (3).
AB733-ASA1-AA4,4,223
943.75
(4) When the existence of an exception under sub. (3) has been placed
24in issue by the trial evidence, the state must prove beyond a reasonable doubt that
1the facts constituting the exception do not exist in order to sustain a finding of guilt
2under sub. (2)
or (2m).".
AB733-ASA1-AA4,4,9
7(1f) Unauthorized release of animals; criminal penalties. The treatment of
8section 943.75 (2) and (2m) of the statutes first applies to offenses committed on the
9effective date of this subsection.".