SB319: Bill Text

SB319,10,17 1. Order the owner to pay into the court the amount necessary to cover the reasonable costs of caring for the animal for a period specified by the court.

SB319,10,22 2. Order that if the other proceeding remains pending and the animal remains in custody, the owner shall pay into the court, at least 10 days before the expiration of a period under subd. 1. or under this subdivision, the amount necessary to cover the reasonable costs of caring for the animal for an additional period specified by the court.

SB319,10,25 3. Require the funds to be periodically disbursed to the person with custody of the animal to cover the reasonable costs of providing custody, care, or treatment for the animal.

SB319,29 Section 29. 173.23 (3) (i) of the statutes is created to read:

SB319,11,5 173.23 (3) (i) Upon the disposition of an animal under this section, the court shall return to the owner any funds paid into the court under this subsection for the custody, care, or treatment of the animal that remain after paying the costs for that custody, care, or treatment.

SB319,30 Section 30. 173.23 (5) (b) and (c) of the statutes are amended to read:

SB319,11,13 173.23 (5) (b) Unless the person issuing the quarantine order directs that the animal be euthanized because it is diseased, at the end of the quarantine period the political subdivision or person contracting under s. 173.15 (1) shall return the animal to its owner if the owner complies with sub. (1) (a) to (d) (e) no later than the 7th day after the day on which the political subdivision or person contracting under s. 173.15 (1) demands that the owner claim the animal and pay for its custody, care and treatment.

SB319,11,15 (c) If an owner does not comply with sub. (1) (a) to (d) (e) within the time provided in par. (b), the animal is considered an unclaimed animal under sub. (1m).

SB319,31 Section 31. 173.23 (6) of the statutes is amended to read:

SB319,11,25 173.23 (6) Noncompliance by owner. If an owner is ordered under sub. (3) (a) 1. to pay, or post bond for the payment of, costs of custody, care or treatment of an animal, and refuses fails to do so upon demand, the animal shall be treated as an unclaimed animal subject to under sub. (1m), subject to any order under s. 951.17 (1). If an owner is ordered under sub. (3) (g) or (h) to post bond or other security or to pay funds into the court for the costs of custody, care, or treatment of an animal and fails to do so within 5 days of the court order or within 5 days before a period ends under sub. (3) (g) 1. or 2. or (h) 1. or 2., the animal shall be treated as an unclaimed animal under sub. (1m), subject to any order under s. 951.17 (1).

SB319,32 Section 32. 173.24 (1) of the statutes is repealed.

SB319,33 Section 33. 173.24 (3) of the statutes is amended to read:

SB319,12,7 173.24 (3) If the a person alleged to have violated mistreated an animal in violation of ch. 951 or to have violated s. 951.08 is not found guilty of the violation, the person shall be assessed the county shall pay any outstanding expenses under subs. (1) and sub. (2). If the person is not found guilty, the county treasurer shall pay the expenses from the general fund of the county.

SB319,34 Section 34. 174.13 (3) of the statutes is amended to read:

SB319,12,10 174.13 (3) An officer or pound that has custody of unclaimed dogs shall maintain records as provided under s. 173.17 (1).

SB319,35 Section 35. 951.17 of the statutes is created to read:

SB319,12,18 951.17 Animals in custody. (1) If a person is charged with a violation of this chapter and an animal allegedly involved in the violation is in custody under ch. 173, the person or the district attorney may move the court to order that the animal be maintained in custody for a period determined by the court to be reasonable to allow the collection of evidence relating to the animal. In determining the period for which the animal must be maintained in custody, a court granting an order under this subsection shall consider the health, safety, and welfare of the animal.

SB319,12,21 (2) A court that issues an order under sub. (1) shall provide a copy of the order to any court in which a proceeding relating to the animal is pending under ch. 173 and to the person with custody of the animal.

SB319,12,23 (3) The ultimate disposition of the animal after the period specified in the order under sub. (1) shall be determined under ch. 173.

SB319,36 Section 36. 951.18 (4) (b) 1. of the statutes is renumbered 951.18 (4) (b) and amended to read:

SB319,13,14 951.18 (4) (b) A sentencing court may order that an animal that is not in custody be delivered to the local humane officer or society or the county or municipal pound or to a law enforcement officer if a person commits a crime under this chapter, the person is the owner of the animal that is involved in the crime , and the court considers the order to be reasonable and appropriate. A sentencing court may order that an animal be delivered to the department of natural resources, if the animal is a wild animal that is subject to regulation under ch. 169 and the court considers the order to be reasonable and appropriate. The society, pound, officer , or department of natural resources shall release the animal to a person other than the owner or dispose of the animal in a proper and humane manner. If the animal is a dog, the release or disposal shall be in accordance with s. 173.23 (1m), except that the fees under s. 173.23 (1m) (a) 4. do not apply if the expenses are covered under s. 173.24. If the animal is not a dog, the society, pound, or officer may charge a fee for the release of the animal.

SB319,37 Section 37. 951.18 (4) (b) 2. of the statutes is repealed.

SB319,38 Section 38. 968.19 of the statutes is amended to read:

SB319,13,21 968.19 Custody of property seized. Property Subject to s. 968.20 and ch. 173, property seized under a search warrant or validly seized without a warrant shall be safely kept by the officer, who may leave it in the custody of the sheriff and take a receipt therefor, so long as necessary for the purpose of being produced as evidence on any trial.

SB319,39 Section 39. 968.20 (1) (intro.) of the statutes is amended to read:

SB319,14,7 968.20 (1) (intro.) Any person claiming the right to possession of property seized pursuant to a search warrant or seized without a search warrant , except property seized under s. 173.13 (1) (a) 8. or withheld under s. 173.21 (1), may apply for its return to the circuit court for the county in which the property was seized or where the search warrant was returned. The court shall order such notice as it deems adequate to be given the district attorney and all persons who have or may have an interest in the property and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the property, other than contraband or property covered under sub. (1m) or (1r) or s. 173.12, 173.21 (4), or 968.205, returned if:

SB319,40 Section 40. 968.20 (2) of the statutes is amended to read:

SB319,14,12 968.20 (2) Property not required for evidence or use in further investigation, unless contraband or property covered under sub. (1m) or (1r) or s. 173.12 or 968.205, may be returned by the officer to the person from whom it was seized without the requirement of a hearing.

SB319,41 Section 41. Initial applicability.

SB319,14,15 (1) This act first applies to animals taken into custody on the effective date of this subsection.

SB319,14,16 (End)