LRBs0326/1
PJH:kjf:md
2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 747
March 26, 2010 - Offered by Representative Milroy.
AB747-ASA1,1,6
1An Act to amend 813.12 (3) (a) (intro.), 813.12 (4) (a) (intro.), 813.122 (4) (a)
2(intro.), 813.122 (5) (a) (intro.), 813.125 (3) (a) (intro.), 813.125 (4) (a) (intro.),
3951.13 (intro.), 951.13 (2), 951.15, 951.18 (1) and 951.18 (4) (c); and
to create
4948.057, 951.13 (3), 951.18 (1g), 951.18 (1m), 951.18 (1r), 951.18 (1x), 951.18 (4)
5(d) and 951.19 of the statutes;
relating to: crimes against animals and
6providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB747-ASA1, s. 1
7Section
1. 813.12 (3) (a) (intro.) of the statutes is amended to read:
AB747-ASA1,2,58
813.12
(3) (a) (intro.) A judge or circuit court commissioner shall issue a
9temporary restraining order ordering the respondent to refrain from committing acts
10of domestic abuse against the petitioner, to avoid the petitioner's residence, except
11as provided in par. (am), or any other location temporarily occupied by the petitioner
12or both, or to avoid contacting or causing any person other than a party's attorney
1or a law enforcement officer to contact the petitioner unless the petitioner consents
2in writing,
to refrain from engaging in or threatening to engage in the mistreatment
3of an animal owned or cared for by the petitioner, or any combination of these
4remedies requested in the petition, or any other appropriate remedy not inconsistent
5with the remedies requested in the petition, if all of the following occur:
AB747-ASA1, s. 2
6Section
2. 813.12 (4) (a) (intro.) of the statutes is amended to read:
AB747-ASA1,2,167
813.12
(4) (a) (intro.) A judge or circuit court commissioner may grant an
8injunction ordering the respondent to refrain from committing acts of domestic abuse
9against the petitioner, to avoid the petitioner's residence, except as provided in par.
10(am), or any other location temporarily occupied by the petitioner or both, or to avoid
11contacting or causing any person other than a party's attorney or a law enforcement
12officer to contact the petitioner unless the petitioner consents to that contact in
13writing,
to refrain from engaging in or threatening to engage in the mistreatment of
14an animal owned or cared for by the petitioner, or any combination of these remedies
15requested in the petition, or any other appropriate remedy not inconsistent with the
16remedies requested in the petition, if all of the following occur:
AB747-ASA1, s. 3
17Section
3. 813.122 (4) (a) (intro.) of the statutes is amended to read:
AB747-ASA1,2,2518
813.122
(4) (a) (intro.) A judge or circuit court commissioner shall issue a
19temporary restraining order ordering the respondent to avoid the child victim's
20residence or any premises temporarily occupied by the child victim or both,
to refrain
21from engaging in or threatening to engage in the mistreatment of an animal owned
22or cared for by the child victim, and to avoid contacting or causing any person other
23than a party's attorney to contact the child victim unless the petitioner consents in
24writing and the judge or circuit court commissioner agrees that the contact is in the
25best interests of the child victim, if all of the following occur:
AB747-ASA1, s. 4
1Section
4. 813.122 (5) (a) (intro.) of the statutes is amended to read:
AB747-ASA1,3,92
813.122
(5) (a) (intro.) A judge may grant an injunction ordering the
3respondent to avoid the child victim's residence or any premises temporarily
4occupied by the child victim or both,
to refrain from engaging in or threatening to
5engage in the mistreatment of an animal owned or cared for by the child victim, and
6to avoid contacting or causing any person other than a party's attorney to contact the
7child victim unless the petitioner consents to that contact in writing and the judge
8agrees that the contact is in the best interests of the child victim, if all of the following
9occur:
AB747-ASA1, s. 5
10Section
5. 813.125 (3) (a) (intro.) of the statutes is amended to read:
AB747-ASA1,3,1711
813.125
(3) (a) (intro.) A judge or circuit court commissioner may issue a
12temporary restraining order ordering the respondent to cease or avoid the
13harassment of another person, to avoid the petitioner's residence, except as provided
14in par. (am), or any premises temporarily occupied by the petitioner or both,
to refrain
15from engaging in or threatening to engage in the mistreatment of an animal owned
16or cared for by the petitioner, or any combination of these remedies requested in the
17petition, if all of the following occur:
AB747-ASA1, s. 6
18Section
6. 813.125 (4) (a) (intro.) of the statutes is amended to read:
AB747-ASA1,3,2519
813.125
(4) (a) (intro.) A judge or circuit court commissioner may grant an
20injunction ordering the respondent to cease or avoid the harassment of another
21person, to avoid the petitioner's residence, except as provided in par. (am), or any
22premises temporarily occupied by the petitioner or both,
to refrain from engaging in
23or threatening to engage in the mistreatment of an animal owned or cared for by the
24petitioner, or any combination of these remedies requested in the petition, if all of the
25following occur:
AB747-ASA1,4,4
2948.057 Causing a child to commit a crime against an animal. (1) 3Whoever causes a child who has not attained 18 years of age to violate s. 951.02 may
4be penalized as provided in sub. (2).
AB747-ASA1,4,5
5(2) Whoever violates sub. (1) is guilty of:
AB747-ASA1,4,66
(a) A Class F felony if the child has not attained the age of 13 years.
AB747-ASA1,4,87
(b) A Class H felony if the child has attained the age of 13 years but has not
8attained the age of 18 years.
AB747-ASA1, s. 8
9Section
8. 951.13 (intro.) of the statutes is amended to read:
AB747-ASA1,4,15
10951.13 Providing proper food and drink to confined animals. (intro.)
11No person owning or Except as provided in sub. (3), a person who owns or who is 12responsible for confining or impounding any animal
may fail to shall supply the
13animal with a sufficient supply of food and water as prescribed in this section.
A
14person who fails to supply the animal with a sufficient supply of food or of water
15violates this section.
AB747-ASA1,4,1917
951.13
(2) Water. If potable water is not accessible to the animals at all times,
18it shall be provided daily and in sufficient quantity for the health of the animal.
For
19the purposes of this section, snow or ice is not potable water.
AB747-ASA1,4,2221
951.13
(3) Exceptions. This section does not prohibit bona fide experiments
22carried on for scientific research or normal and accepted veterinary practices.
AB747-ASA1,5,2
24951.15 Abandoning animals. No person may abandon any animal.
In this
25section, "abandon" means to leave an animal previously under the care or possession
1of the person without making arrangements for the animal's proper care,
2sustenance, and shelter.
AB747-ASA1,5,144
951.18
(1) Any person violating s.
951.02, 951.025, 951.03, 951.04, 951.05,
5951.06, 951.07, 951.09, 951.10,
or 951.11
, 951.13, 951.14 or 951.15 is subject to a
6Class C forfeiture. Any person who violates any of these provisions within 3 years
7after a humane officer issues an abatement order under s. 173.11 prohibiting the
8violation of that provision is subject to a Class A forfeiture. Any person who
9intentionally or negligently violates any of those sections is guilty of a Class A
10misdemeanor.
Any person who intentionally violates s. 951.02, resulting in the
11mutilation, disfigurement or death of an animal, is guilty of a Class I felony. Any
12person who intentionally violates s.
951.02 or 951.06, knowing that the animal that
13is the victim is used by a law enforcement agency to perform agency functions or
14duties and causing injury to the animal, is guilty of a Class I felony.
AB747-ASA1,5,2016
951.18
(1g) Except as provided in sub. (1m), (1r), or (1x), any person who
17violates s. 951.02, 951.13, 951.14, or 951.15 is subject to a Class C forfeiture. Any
18person who violates any of these provisions within 3 years after a humane officer
19issues an abatement order under s. 173.11 prohibiting the violation of that provision
20is subject to a Class A forfeiture.
AB747-ASA1,5,2322
951.18
(1m) Any person who violates s. 951.02, 951.13, 951.14, or 951.15 and
23intentionally causes harm to an animal is guilty of one of the following:
AB747-ASA1,5,2424
(a) A Class A misdemeanor if bodily harm to the animal is a consequence.
AB747-ASA1,5,2525
(b) A Class H felony if great bodily harm to the animal is a consequence.
AB747-ASA1,5,26
1(c) A Class G felony if death to the animal is a consequence.
AB747-ASA1,6,43
951.18
(1r) Any person who violates s. 951.02, 951.13, 951.14, or 951.15 and
4recklessly causes harm to an animal is guilty of one of the following:
AB747-ASA1,6,55
(a) A Class B misdemeanor if bodily harm to the animal is a consequence.
AB747-ASA1,6,66
(b) A Class I felony if great bodily harm to the animal is a consequence.
AB747-ASA1,6,77
(c) A Class H felony if death to the animal is a consequence.
AB747-ASA1,6,109
951.18
(1x) Any person who violates s. 951.02, 951.13, 951.14, or 951.15 and
10negligently causes harm to an animal is guilty of a Class B misdemeanor.
AB747-ASA1,6,1612
951.18
(4) (c) Except as provided in s. 951.08 (2m), a sentencing court may order
13that the criminal violator may not own, possess or train any animal or type or species
14of animal for a period specified by the court, but not to exceed
5 15 years. In
15computing the time period, time which the person spent in actual confinement
16serving a sentence shall be excluded.
