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-AA44,3,23 235. Page 496, line 9: after that line insert:
AB768-ASA1-AA44,3,24 24" Section 722jd. 943.75 (1) (a) of the statutes is renumbered 943.75 (1) (am).
AB768-ASA1-AA44, s. 722je
1Section 722je. 943.75 (1) (ad) of the statutes is created to read:
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, s. 722jf 4Section 722jf. 943.75 (2) of the statutes is amended to read:
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, s. 722jg 11Section 722jg. 943.75 (2m) of the statutes is created to read:
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, s. 722jh 16Section 722jh. 943.75 (3) of the statutes, as affected by 1997 Wisconsin Act
1727
, is amended to read:
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, s. 722ji
1Section 722ji. 943.75 (4) of the statutes is amended to read:
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-AA44,5,6 66. Page 497, line 12: after that line insert:
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.
AB768-ASA1-AA44,5,19 18e. To cause more than $1,000 worth of criminal damage to cemetery property
19in violation of s. 943.01 (2) (d) or 943.012, but:.
AB768-ASA1-AA44, s. 722mf 20Section 722mf. 973.075 (1) (b) 1. of the statutes is renumbered 973.075 (1) (b)
212m. a. and amended to read:
AB768-ASA1-AA44,6,222 973.075 (1) (b) 2m. a. No vehicle used by any person as a common carrier in the
23transaction of business as a common carrier is subject to forfeiture under ss. 973.075

1to 973.077 unless it appears that the owner or other person in charge of the vehicle
2had knowledge of or consented to the commission of the crime;.
AB768-ASA1-AA44, s. 722mk 3Section 722mk. 973.075 (1) (b) 1m. f. of the statutes is created to read:
AB768-ASA1-AA44,6,44 973.075 (1) (b) 1m. f. In the commission of a crime under s. 943.75 (2) or (2m).
AB768-ASA1-AA44, s. 722mp 5Section 722mp. 973.075 (1) (b) 2. of the statutes is renumbered 973.075 (1)
6(b) 2m. b. and amended to read:
AB768-ASA1-AA44,6,97 973.075 (1) (b) 2m. b. No vehicle is subject to forfeiture under ss. 973.075 to
8973.077 by reason of any act or omission established by the owner of the vehicle to
9have been committed or omitted without his or her knowledge or consent ; and.
AB768-ASA1-AA44, s. 722ms 10Section 722ms. 973.075 (1) (b) 3. of the statutes is renumbered 973.075 (1) (b)
112m. c.
AB768-ASA1-AA44, s. 722mw 12Section 722mw. 973.075 (1) (bm) of the statutes is created to read:
AB768-ASA1-AA44,6,1813 973.075 (1) (bm) Any property used or to be used in the commission of a crime
14under s. 943.75 (2) or (2m), but if the property is encumbered by a bonafide perfected
15security interest that was perfected before the date of the commission of the current
16violation and the holder of the security interest neither had knowledge of nor
17consented to the commission of that violation, the holder of the security interest shall
18be paid from the proceeds of the forfeiture.
AB768-ASA1-AA44, s. 722my 19Section 722my. 973.075 (5) (intro.) of the statutes is amended to read:
AB768-ASA1-AA44,7,320 973.075 (5) (intro.) All forfeitures under ss. 973.075 to 973.077 shall be made
21with due provision for the rights of innocent persons under sub. (1) (b) 1. to 3. 2m.,
22(bm)
and (d). Any property seized but not forfeited shall be returned to its rightful
23owner. Any person claiming the right to possession of property seized may apply for
24its return to the circuit court for the county in which the property was seized. The
25court shall order such notice as it deems adequate to be given the district attorney

1and all persons who have or may have an interest in the property and shall hold a
2hearing to hear all claims to its true ownership. If the right to possession is proved
3to the court's satisfaction, it shall order the property returned if:".
AB768-ASA1-AA44,7,4 47. Page 575, line 11: after that line insert:
AB768-ASA1-AA44,7,7 5"(2e) Unauthorized release of animals; criminal penalties. The treatment of
6section 943.75 (2) and (2m) of the statutes first applies to offenses committed on the
7effective date of this subsection.".
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