For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB580, s. 1 1Section 1. 173.01 (4) of the statutes is created to read:
SB580,4,42 173.01 (4) "Reasonable grounds to believe" means a set of facts and
3circumstances that in their entirety are sufficient to justify a reasonable person's
4belief.
SB580, s. 2 5Section 2. 173.12 (title) of the statutes is amended to read:
SB580,4,6 6173.12 (title) Animal fighting; seizure reporting.
SB580, s. 3 7Section 3. 173.12 (1) of the statutes is renumbered 173.12.
SB580, s. 4 8Section 4. 173.12 (1m) to (3) of the statutes are repealed.
SB580, s. 5 9Section 5. 173.13 (1) (a) 7. of the statutes is repealed.
SB580, s. 6 10Section 6. 173.13 (1) (a) 8. of the statutes is amended to read:
SB580,4,1211 173.13 (1) (a) 8. An animal mistreated in violation of ch. 951 or involved in a
12violation of s. 951.08
.
SB580, s. 7 13Section 7. 173.15 (2) (b) of the statutes is amended to read:
SB580,4,1414 173.15 (2) (b) Maintain adequate records consistent with s. 173.17 (1).
SB580, s. 8 15Section 8. 173.17 of the statutes is renumbered 173.17 (1).
SB580, s. 9 16Section 9. 173.17 (2) of the statutes is created to read:
SB580,5,217 173.17 (2) A humane officer, law enforcement officer, political subdivision, or
18person contracting under s. 173.15 (1) is not required to disclose information

1concerning a person into whose custody an animal was ultimately released unless
2ordered to do so by a court.
SB580, s. 10 3Section 10. 173.21 (1) (a) of the statutes is amended to read:
SB580,5,54 173.21 (1) (a) There are reasonable grounds to believe that the owner has
5mistreated the animal in violation of ch. 951 or has violated s. 951.08.
SB580, s. 11 6Section 11. 173.21 (4) of the statutes is amended to read:
SB580,5,117 173.21 (4) Return. A political subdivision or person contracting under s.
8173.15 (1) having custody of an animal withheld under sub. (1) shall release the
9animal to the owner at the direction of the humane officer or law enforcement officer
10that took custody of the animal if the requirements of s. 173.23 (1) (a) to (c) and (e)
11are satisfied.
SB580, s. 12 12Section 12. 173.22 (1) of the statutes is amended to read:
SB580,5,1813 173.22 (1) Petition. A person claiming that an animal that he or she owns was
14improperly taken into custody under s. 173.13 (1) (a) 3., 4., 5., 6. or 8. or is wrongfully
15withheld under s. 173.21 (1) may seek return of the animal by petitioning, no later
16than the 7th day after the day in which the animal was taken into custody,
for an
17order from the circuit court for the county in which the animal was taken into custody
18or in which it is held.
SB580, s. 13 19Section 13. 173.22 (2) of the statutes is renumbered 173.22 (2) (a) and
20amended to read:
SB580,6,321 173.22 (2) (a) The court A person who files a petition under sub. (1) shall
22provide notice of a serve a copy of the petition under sub. (1) to, in the manner
23provided in s. 801.11, upon
the humane officer or law enforcement officer who took
24the animal into custody or to on the political subdivision that withheld the animal
25and if a person contracting under s. 173.15 (1) has custody of the animal, on that

1person. The court
shall hold a hearing on the issue of whether the animal was
2improperly taken into custody or is wrongfully withheld within 10 days of the filing
3of the petition, except as provided in par. (b)
.
SB580, s. 14 4Section 14. 173.22 (2) (b) of the statutes is created to read:
SB580,6,105 173.22 (2) (b) Upon a showing of good cause by the political subdivision, the
6person contracting under s. 173.15 (1), or the owner of the animal, the court may
7extend the date for a hearing under par. (a) beyond 10 days after the filing of the
8petition. In determining whether to extend the date for a hearing, the court shall
9consider how delaying the hearing will affect the health, safety, and welfare of the
10animal.
SB580, s. 15 11Section 15. 173.22 (3) (a) 1. of the statutes is amended to read:
SB580,6,1312 173.22 (3) (a) 1. There are reasonable grounds to believe that the owner has
13mistreated the animal in violation of ch. 951 or has violated s. 951.08.
SB580, s. 16 14Section 16. 173.23 (1) (e) of the statutes is created to read:
SB580,6,1615 173.23 (1) (e) The animal has an implanted microchip for identification or
16assurance of implantation of a microchip for identification is given by prepayment.
SB580, s. 17 17Section 17. 173.23 (2) of the statutes is amended to read:
SB580,6,2218 173.23 (2) Animals not returned to owner. If an animal in the custody of a
19political subdivision, other than an animal to which sub. (1m) applies, is not returned
20to the owner under sub. (1) or (5) (b) or s. 173.12 (2), 173.21 (4) or 173.22 or disposed
21of under sub. (4) or (5) (a) or s. 173.12 (3), it shall be disposed of under a court order
22under sub. (3) or s. 951.18 (4).
SB580, s. 18 23Section 18. 173.23 (3) (a) of the statutes is amended to read:
SB580,7,224 173.23 (3) (a) A political subdivision or person contracting under s. 173.15 (1)
25may petition the circuit court for an order doing any of the following with respect to

1an animal taken into custody by a law enforcement officer or a humane officer or
2withheld under s. 173.21 (1):
SB580,7,43 1. Providing for payment, directly to the person with custody, for the custody,
4care, or treatment of the animal.
SB580,7,75 2. Requiring the owner of the animal to post bond or other security for the
6anticipated costs of custody, care, or treatment of the animal pending the outcome
7of any other proceeding, as provided in par. (g).
SB580,7,88 3. Authorizing the sale, destruction, or other disposal of the animal.
SB580, s. 19 9Section 19. 173.23 (3) (a) 2m. of the statutes is created to read:
SB580,7,1210 173.23 (3) (a) 2m. Requiring the owner of the animal to pay funds into the court
11for the costs of custody, care, or treatment of an animal pending the outcome of any
12other proceeding, as provided in par. (h).
SB580, s. 20 13Section 20. 173.23 (3) (a) 4. of the statutes is created to read:
SB580,7,1714 173.23 (3) (a) 4. If the owner of the animal is not alleged to have mistreated the
15animal in violation of ch. 951 or to have violated s. 951.08, releasing the animal to
16the owner of the animal as provided in par. (f) pending the outcome of any other
17proceeding.
SB580, s. 21 18Section 21. 173.23 (3) (c) of the statutes is renumbered 173.23 (3) (c) 1. and
19amended to read:
SB580,8,220 173.23 (3) (c) 1. The A political subdivision that files a petition under par. (a)
21shall serve a copy of the petition, in the manner provided in s. 801.11, upon the owner
22of the animal, if known; if a person contracting under s. 173.15 (1) has custody of the
23animal, upon that person; and, if the animal was taken into custody under s. 173.13
24(1) (a) 8. or was withheld under s. 173.21 (1) (a) or (c), upon the district attorney and

1the person alleged to have committed a violation relating to the animal if that person
2is not the owner
.
SB580, s. 22 3Section 22. 173.23 (3) (c) 2. of the statutes is created to read:
SB580,8,104 173.23 (3) (c) 2. A person contracting under s. 173.15 (1) who files a petition
5under par. (a) shall serve a copy of the petition, in the manner provided in s. 801.11,
6upon the owner of the animal, if known; upon the political subdivision with which
7the person contracts under s. 173.15 (1); and, if the animal was taken into custody
8under s. 173.13 (1) (a) 8. or was withheld under s. 173.21 (1) (a) or (c), upon the district
9attorney and the person alleged to have committed a violation relating to the animal
10if that person is not the owner.
SB580, s. 23 11Section 23. 173.23 (3) (d) of the statutes is amended to read:
SB580,8,1412 173.23 (3) (d) The court shall conduct a hearing on the petition within 10 days
13of the filing of the petition, except as provided under par. (dm)
. The petitioner and
14any person upon whom a copy of the petition was served may appear as a party.
SB580, s. 24 15Section 24. 173.23 (3) (dm) of the statutes is created to read:
SB580,8,2016 173.23 (3) (dm) If the petitioned-for relief includes the sale, destruction, or
17other disposal of the animal, the owner of the animal may petition the court for a
18delay of the hearing for not more than 20 days, conditioned on the owner posting bond
19or other security or paying funds into the court to cover the anticipated reasonable
20costs of custody, care, and treatment of the animal.
SB580, s. 25 21Section 25. 173.23 (3) (e) of the statutes is amended to read:
SB580,9,222 173.23 (3) (e) The court shall issue its order after hearing and may grant,
23modify and grant or deny the petitioned-for relief, after considering the interests of
24the animal, the owner of the animal, the political subdivision, and the public. If an

1order was issued under s. 951.17 (1) with respect to the animal, the court shall ensure
2that the animal remains in custody until the end of the period specified in the order.
SB580, s. 26 3Section 26. 173.23 (3) (f) of the statutes is created to read:
SB580,9,94 173.23 (3) (f) 1. The court may release an animal that was taken into custody
5under 173.13 (1) (a) 8. or was withheld under s. 173.21 (1) (a) or (c) to the owner of
6the animal, if the owner of the animal is not alleged to have mistreated the animal
7in violation of ch. 951 or to have violated s. 951.08, and order the owner to provide
8necessary shelter, care, and treatment, including any necessary veterinary care, to
9the animal at a specified location pending the outcome of any other proceeding.
SB580,9,1510 2. If a court makes an order under subd. 1., it may order the political subdivision
11that withheld the animal under s. 173.21 (1) or on behalf of whom the animal was
12taken into custody to have a humane officer or law enforcement officer make regular
13visits to the location at which the animal is kept to determine whether the animal
14is receiving necessary care and treatment and to remove the animal to another
15location if the animal is not receiving necessary care and treatment.
SB580,9,2416 3. If a court makes an order under subd. 1.; it shall order the owner of the
17animal to have a microchip implanted in the animal for identification; order the
18owner to provide proof of any licensure required by statute or ordinance or to provide
19assurance of licensure by prepayment; order the owner to provide proof of any
20vaccination required by statute or ordinance or to provide assurance of vaccination
21by prepayment; and order the owner to pay the costs incurred by the political
22subdivision or person contracting under s. 173.15 (1) for shelter, care, and treatment
23of the animal before the release of the animal to the owner unless the person who
24incurred the costs waives the payment requirement.
SB580, s. 27 25Section 27. 173.23 (3) (g) of the statutes is created to read:
SB580,10,3
1173.23 (3) (g) If a court orders the owner of an animal to post bond or other
2security for the costs of custody, care, or treatment of an animal pending the outcome
3of any other proceeding, the court shall do all of the following:
SB580,10,54 1. Order the owner to post bond or other security in the amount necessary to
5cover the reasonable costs of caring for the animal for a period specified by the court.
SB580,10,106 2. Order that if the other proceeding remains pending and the animal remains
7in custody, the owner shall post additional bond or other security, at least 10 days
8before the expiration of a period under subd. 1. or under this subdivision, in the
9amount necessary to cover the reasonable costs of caring for the animal for an
10additional period specified by the court.
SB580, s. 28 11Section 28. 173.23 (3) (h) of the statutes is created to read:
SB580,10,1412 173.23 (3) (h) If a court orders the owner of an animal to pay funds into the court
13for the costs of custody, care, or treatment of an animal pending the outcome of any
14other proceeding, the court shall do all of the following:
SB580,10,1615 1. Order the owner to pay into the court the amount necessary to cover the
16reasonable costs of caring for the animal for a period specified by the court.
SB580,10,2117 2. Order that if the other proceeding remains pending and the animal remains
18in custody, the owner shall pay into the court, at least 10 days before the expiration
19of a period under subd. 1. or under this subdivision, the amount necessary to cover
20the reasonable costs of caring for the animal for an additional period specified by the
21court.
SB580,10,2422 3. Require the funds to be periodically disbursed to the person with custody of
23the animal to cover the reasonable costs of providing custody, care, or treatment for
24the animal.
SB580, s. 29 25Section 29. 173.23 (3) (i) of the statutes is created to read:
SB580,11,4
1173.23 (3) (i) Upon the disposition of an animal under this section, the court
2shall return to the owner any funds paid into the court under this subsection for the
3custody, care, or treatment of the animal that remain after paying the costs for that
4custody, care, or treatment.
SB580, s. 30 5Section 30. 173.23 (5) (b) and (c) of the statutes are amended to read:
SB580,11,126 173.23 (5) (b) Unless the person issuing the quarantine order directs that the
7animal be euthanized because it is diseased, at the end of the quarantine period the
8political subdivision or person contracting under s. 173.15 (1) shall return the animal
9to its owner if the owner complies with sub. (1) (a) to (d) (e) no later than the 7th day
10after the day on which the political subdivision or person contracting under s. 173.15
11(1) demands that the owner claim the animal and pay for its custody, care and
12treatment.
SB580,11,1413 (c) If an owner does not comply with sub. (1) (a) to (d) (e) within the time
14provided in par. (b), the animal is considered an unclaimed animal under sub. (1m).
SB580, s. 31 15Section 31. 173.23 (6) of the statutes is amended to read:
SB580,11,2416 173.23 (6) Noncompliance by owner. If an owner is ordered under sub. (3) (a)
171.
to pay, or post bond for the payment of, costs of custody, care or treatment of an
18animal, and refuses fails to do so upon demand, the animal shall be treated as an
19unclaimed animal subject to under sub. (1m), subject to any order under s. 951.17 (1).
20If an owner is ordered under sub. (3) (g) or (h) to post bond or other security or to pay
21funds into the court for the costs of custody, care, or treatment of an animal and fails
22to do so within 5 days of the court order or within 5 days before a period ends under
23sub. (3) (g) 1. or 2. or (h) 1. or 2., the animal shall be treated as an unclaimed animal
24under sub. (1m), subject to any order under s. 951.17 (1)
.
SB580, s. 32 25Section 32. 173.24 (1) of the statutes is repealed.
SB580, s. 33
1Section 33. 173.24 (3) of the statutes is amended to read:
SB580,12,62 173.24 (3) If the a person alleged to have violated mistreated an animal in
3violation of
ch. 951 or to have violated s. 951.08 is not found guilty of the violation,
4the person shall be assessed the county shall pay any outstanding expenses under
5subs. (1) and sub. (2). If the person is not found guilty, the county treasurer shall pay
6the expenses from the general fund of the county.
SB580, s. 34 7Section 34. 174.13 (3) of the statutes is amended to read:
SB580,12,98 174.13 (3) An officer or pound that has custody of unclaimed dogs shall
9maintain records as provided under s. 173.17 (1).
SB580, s. 35 10Section 35. 951.17 of the statutes is created to read:
SB580,12,17 11951.17 Animals in custody. (1) If a person is charged with a violation of this
12chapter and an animal allegedly involved in the violation is in custody under ch. 173,
13the person or the district attorney may move the court to order that the animal be
14maintained in custody for a period determined by the court to be reasonable to allow
15the collection of evidence relating to the animal. In determining the period for which
16the animal must be maintained in custody, a court granting an order under this
17subsection shall consider the health, safety, and welfare of the animal.
SB580,12,20 18(2) A court that issues an order under sub. (1) shall provide a copy of the order
19to any court in which a proceeding relating to the animal is pending under ch. 173
20and to the person with custody of the animal.
SB580,12,22 21(3) The ultimate disposition of the animal after the period specified in the order
22under sub. (1) shall be determined under ch. 173.
SB580, s. 36 23Section 36. 951.18 (4) (b) 1. of the statutes is renumbered 951.18 (4) (b) and
24amended to read:
SB580,13,14
1951.18 (4) (b) A sentencing court may order that an animal that is not in
2custody
be delivered to the local humane officer or society or the county or municipal
3pound or to a law enforcement officer if a person commits a crime under this chapter,
4the person is the owner of the animal that is involved in the crime and the court
5considers the order to be reasonable and appropriate. A sentencing court may order
6that an animal be delivered to the department of natural resources, if the animal is
7a wild animal that is subject to regulation under ch. 169 and the court considers the
8order to be reasonable and appropriate. The society, pound, officer or department of
9natural resources shall release the animal to a person other than the owner or
10dispose of the animal in a proper and humane manner. If the animal is a dog, the
11release or disposal shall be in accordance with s. 173.23 (1m), except that the fees
12under s. 173.23 (1m) (a) 4. do not apply if the expenses are covered under s. 173.24
.
13If the animal is not a dog, the society, pound or officer may charge a fee for the release
14of the animal.
SB580, s. 37 15Section 37. 951.18 (4) (b) 2. of the statutes is repealed.
SB580, s. 38 16Section 38. 968.19 of the statutes is amended to read:
SB580,13,21 17968.19 Custody of property seized. Property Subject to s. 968.20 and ch.
18173, property
seized under a search warrant or validly seized without a warrant shall
19be safely kept by the officer, who may leave it in the custody of the sheriff and take
20a receipt therefor, so long as necessary for the purpose of being produced as evidence
21on any trial.
SB580, s. 39 22Section 39. 968.20 (1) (intro.) of the statutes is amended to read:
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