LRBb3223/1
JEO&RPN:jlg:km
1997 - 1998 LEGISLATURE
ASSEMBLY AMENDMENT 44,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 768
May 6, 1998 - Offered by Representative Gronemus.
AB768-ASA1-AA44,1,87
29.06
(1) (d) The provisions of s. 973.075 (1) (b)
1. to 3. 2m. and (5) apply to
8vehicles other than motor vehicles under this subsection.".
AB768-ASA1-AA44,2,3
1174.02
(1) (a)
Without notice. Subject to s. 895.045
and except as provided in
2s. 895.57 (4), the owner of a dog is liable for the full amount of damages caused by
3the dog injuring or causing injury to a person, domestic animal or property.
AB768-ASA1-AA44,2,95
174.02
(1) (b)
After notice. Subject to s. 895.045
and except as provided in s.
6895.57 (4), the owner of a dog is liable for 2 times the full amount of damages caused
7by the dog injuring or causing injury to a person, domestic animal or property if the
8owner was notified or knew that the dog previously injured or caused injury to a
9person, domestic animal or property.".
AB768-ASA1-AA44,2,12
12895.57 (title)
Damages and immunity; unauthorized release of animals.
AB768-ASA1-AA44,2,1615
895.57
(1) (ag) "Animal" means all vertebrate and invertebrate species,
16including mammals, birds, fish and shellfish but excluding humans.
AB768-ASA1-AA44,3,218
895.57
(2) A person who intentionally releases an animal that is lawfully
19confined for scientific, farming, companionship or protection of persons or property,
20recreation, restocking, research, exhibition, commercial or educational purposes,
21acting without the consent of the owner or custodian of the animal, is liable to the
22owner or custodian of the animal for damages,
which
punitive damages, attorney fees
23and interest on the amount of the damages incurred at the rate of 12% per year from
1the date of the intentional release. The damages awarded shall include the costs of
2restoring the animal to confinement.
AB768-ASA1-AA44,3,44
895.57
(4) (a) In this subsection, "security device" includes any of the following:
AB768-ASA1-AA44,3,55
1. Any fence enumerated under s. 90.02.
AB768-ASA1-AA44,3,76
2. A theft alarm signal device, a burglar alarm or any other security alarm
7system or device.
AB768-ASA1-AA44,3,109
(b) Subject to par. (c), an owner or custodian of a confined animal is immune
10from civil liability for any damages to a person if all of the following apply:
AB768-ASA1-AA44,3,1211
1. The person suffers the damages while violating or attempting to violate s.
12943.75 (2m).
AB768-ASA1-AA44,3,1913
2. The damages are caused by a security device that is installed or used by the
14owner or custodian and that the owner or custodian reasonably believes is necessary
15to protect the confined animal or the premises containing the animal. For purposes
16of this subdivision, it is not reasonable to install or use a security device that is
17intended or likely to cause death or great bodily harm, as defined in s. 939.22 (14),
18for the purpose of protecting a confined animal or the premises containing a confined
19animal.
AB768-ASA1-AA44,3,2220
(c) If an owner or custodian of a confined animal uses a dog as a security device,
21the owner or custodian is entitled to immunity under par. (b) only if the dog is on the
22owner's or custodian's property at the time that it causes the damages.".
AB768-ASA1-AA44,3,24
24"
Section 722jd. 943.75 (1) (a) of the statutes is renumbered 943.75 (1) (am).
AB768-ASA1-AA44,4,32
943.75
(1) (ad) "Animal" means all vertebrate and invertebrate species,
3including mammals, birds, fish and shellfish but excluding humans.
AB768-ASA1-AA44,4,105
943.75
(2) Whoever intentionally releases an animal that is lawfully confined
6for
scientific, farming, companionship or protection of persons or property,
7recreation,
restocking, research, exhibition
, commercial or educational purposes,
8acting without the consent of the owner or custodian of the animal, is guilty of a Class
9C misdemeanor. A 2nd violation of this section by a person is a Class A misdemeanor.
10A 3rd or subsequent violation of this section by a person is a Class E felony.
AB768-ASA1-AA44,4,1512
943.75
(2m) Whoever intentionally releases an animal that is lawfully
13confined for scientific, farming, restocking, research or commercial purposes, acting
14without the consent of the owner or custodian of the animal, is guilty of a Class C
15felony.
AB768-ASA1-AA44,4,2518
943.75
(3) Subsection Subsections (2)
does and (2m) do not apply to any
19humane officer, local health officer, peace officer, employe of the department of
20natural resources while on any land licensed under s. 29.573, 29.574, 29.575 or
2129.578 or designated as a wildlife refuge under s. 29.57 (1) or employe of the
22department of agriculture, trade and consumer protection if the officer's or employe's
23acts are in good faith and in an apparently authorized and reasonable fulfillment of
24his or her duties. This subsection does not limit any other person from claiming the
25defense of privilege under s. 939.45 (3).
AB768-ASA1-AA44,5,52
943.75
(4) When the existence of an exception under sub. (3) has been placed
3in issue by the trial evidence, the state must prove beyond a reasonable doubt that
4the facts constituting the exception do not exist in order to sustain a finding of guilt
5under sub. (2)
or (2m).".
AB768-ASA1-AA44,5,8
7"
Section 722mb. 973.075 (1) (b) (intro.) of the statutes is renumbered 973.075
8(1) (b) 1m. (intro.) and amended to read:
AB768-ASA1-AA44,5,109
973.075
(1) (b) 1m. (intro.)
All
Except as provided in subd. 2m., all vehicles, as
10defined in s. 939.22 (44), which are used
to in any of the following ways:
AB768-ASA1-AA44,5,12
11a. To transport any property or weapon used or to be used or received in the
12commission of any felony
, which are used in.
AB768-ASA1-AA44,5,13
13b. In the commission of a crime under s. 946.70
, which are used in.
AB768-ASA1-AA44,5,15
14c. In the commission of a crime in violation of s. 944.30, 944.31, 944.32, 944.33
15or 944.34
, which are used in.
AB768-ASA1-AA44,5,17
16d. In the commission of a crime relating to a submerged cultural resource in
17violation of s. 44.47
or which are used to.
