SB38: Bill Text

SB38,6,9 (b) 1. He or she has been convicted of a serious felony in this state within the preceding 10 years.

SB38,6,11 2. Within the preceding 10 years, he or she has been convicted of a crime elsewhere that would be a serious felony if committed in this state.

SB38,6,14 (c) 1. He or she is on extended supervision as part of a sentence following a conviction for the serious felony or is on parole or probation following the conviction for the serious felony.

SB38,6,16 2. He or she is on a supervised status following a conviction for a crime elsewhere that would be a serious felony if committed in this state.

SB38,6,18 (d) He or she has been adjudicated delinquent within the preceding 10 years for an act that if committed by an adult in this state would be a serious felony.

SB38,6,21 (e) He or she has been found not guilty within the preceding 10 years of a serious felony, or a crime elsewhere that would be a serious felony if committed in this state, by reason of insanity or mental disease, defect, or illness.

SB38,6,22 (3) Prohibitions. A person specified in sub. (2) may not do any of the following:

SB38,6,23 (a) Possess, control, or reside with a vicious dog.

SB38,6,24 (b) Possess, control, or reside with an intact dog.

SB38,7,2 (c) Possess a dog over 12 weeks of age that does not have an identifying microchip.

SB38,7,3 (4) Penalties. (a) Whoever violates sub. (3) is guilty of a Class A misdemeanor.

SB38,7,5 (b) Whoever violates sub. (3) (a) or (b) is guilty of a Class I felony if a person or an animal suffers great bodily harm or death as a result of the violation.

SB38,7,9 (c) Whoever violates sub. (3) (a) or (b) is guilty of a Class H felony if an individual suffers great bodily harm or death as a result of the violation and the person knowingly allowed the dog to run loose or failed to take steps to keep the dog in an enclosure or under control.

SB38,7,11 (5) Exemption. This section does not apply to any person specified in sub. (1) who has received a pardon with respect to the serious felony.

SB38,7,13 (6) Request for exemption. (a) A person specified in sub. (1) may request an exemption from a prohibition under sub. (3) if all of the following apply:

SB38,7,16 1. The person has a reasonable need to possess, control, or reside with a vicious dog or an intact dog, or to possess a dog without an identifying microchip, to earn a livelihood or as a condition of employment.

SB38,7,18 2. Exempting the person from a prohibition under sub. (3) will not endanger public safety.

SB38,8,4 (b) A person seeking an exemption under this subsection from the prohibition under sub. (3) shall request the exemption by filing a written motion in the circuit court for the county in which the person will possess, control, or reside with the vicious or intact dog or possess a dog without an identifying microchip. A person who files a motion under this paragraph shall send a copy of the motion to the district attorney for the county in which the motion is filed. The district attorney shall make a reasonable attempt to contact the county sheriff and, if applicable, the chief of police of a city, village, or town in the county for the purpose of informing the sheriff and the chief of police that the person has made a request for an exemption and to solicit from the sheriff and chief of police any information that may be relevant to the criteria specified in par. (a) 1. and 2.

SB38, s. 5 Section 5. 971.17 (1i) of the statutes is created to read:

SB38,8,9 971.17 (1i) Notice of restrictions on possession of a dog. If the defendant under sub. (1) is found not guilty of a serious felony, as defined in s. 941.292 (1) (d), by reason of mental disease or defect, the court shall inform the defendant of the requirements and penalties under s. 941.292.

SB38, s. 6 Section 6. 973.0336 of the statutes is created to read:

SB38,8,14 973.0336 Sentencing; restriction on possession of a dog. Whenever a court imposes a sentence or places a defendant on probation for a conviction for a serious felony, as defined in s. 941.292 (1) (d), the court shall inform the defendant of the requirements and penalties under s. 941.292.

SB38, s. 7 Section 7. Initial applicability.

SB38,8,16 (1) Possession of a dog.

SB38,8,18 (a) In this subsection, "serious felony" has the meaning given in section 941.292 (1) (d) of the statutes.

SB38,8,23 (b) The treatment of section 941.292 of the statutes first applies to the possession of a dog that occurs on the effective date of this subsection, but does not preclude the counting of an act that was committed before the effective date of this paragraph for purposes of determining whether any of the following makes a person subject to section 941.292 of the statutes:

SB38,8,24 1. The person has been convicted of a serious felony in this state.

SB38,9,2 2. The person has been convicted of a crime elsewhere that would be a serious felony if committed in this state.

SB38,9,4 3. The person has been adjudicated delinquent for an act that if committed by an adult in this state would be a serious felony.

SB38,9,6 4. The person has been found not guilty of a serious felony in this state by reason of mental disease or defect.

SB38,9,9 5. The person has been found not guilty of or not responsible for a crime elsewhere by reason of insanity or mental disease, defect, or illness if the crime would be a serious felony in this state.

SB38,9,12 (2) Information at dispositional hearings. The treatment of section 938.3416 of the statutes first applies to dispositional hearings that occur on the effective date of this subsection.

SB38,9,15 (3) Information at commitment hearings. The treatment of section 971.17 (1i) of the statutes first applies to commitment hearings that occur on the effective date of this subsection.

SB38,9,18 (4) Information at sentencing. The treatment of section 973.0336 of the statutes first applies to sentencing proceedings that occur on the effective date of this subsection.

SB38,9,19 (End)