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:
SB580,14,723 968.20 (1) (intro.) Any person claiming the right to possession of property
24seized pursuant to a search warrant or seized without a search warrant , except
25property seized under s. 173.13 (1) (a) 8. or withheld under s. 173.21 (1),
may apply

1for its return to the circuit court for the county in which the property was seized or
2where the search warrant was returned. The court shall order such notice as it
3deems adequate to be given the district attorney and all persons who have or may
4have an interest in the property and shall hold a hearing to hear all claims to its true
5ownership. If the right to possession is proved to the court's satisfaction, it shall
6order the property, other than contraband or property covered under sub. (1m) or (1r)
7or s. 173.12, 173.21 (4), or 968.205, returned if:
SB580, s. 40 8Section 40. 968.20 (2) of the statutes is amended to read:
SB580,14,129 968.20 (2) Property not required for evidence or use in further investigation,
10unless contraband or property covered under sub. (1m) or (1r) or s. 173.12 or 968.205,
11may be returned by the officer to the person from whom it was seized without the
12requirement of a hearing.
SB580, s. 41 13Section 41. Initial applicability.
SB580,14,1514 (1) This act first applies to animals taken into custody on the effective date of
15this subsection.
SB580,14,1616 (End)
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