SB580: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB580, s. 1 Section 1. 173.01 (4) of the statutes is created to read:

SB580,4,4 173.01 (4) "Reasonable grounds to believe" means a set of facts and circumstances that in their entirety are sufficient to justify a reasonable person's belief.

SB580, s. 2 Section 2. 173.12 (title) of the statutes is amended to read:

SB580,4,6 173.12 (title) Animal fighting; seizure reporting.

SB580, s. 3 Section 3. 173.12 (1) of the statutes is renumbered 173.12.

SB580, s. 4 Section 4. 173.12 (1m) to (3) of the statutes are repealed.

SB580, s. 5 Section 5. 173.13 (1) (a) 7. of the statutes is repealed.

SB580, s. 6 Section 6. 173.13 (1) (a) 8. of the statutes is amended to read:

SB580,4,12 173.13 (1) (a) 8. An animal mistreated in violation of ch. 951 or involved in a violation of s. 951.08.

SB580, s. 7 Section 7. 173.15 (2) (b) of the statutes is amended to read:

SB580,4,14 173.15 (2) (b) Maintain adequate records consistent with s. 173.17 (1).

SB580, s. 8 Section 8. 173.17 of the statutes is renumbered 173.17 (1).

SB580, s. 9 Section 9. 173.17 (2) of the statutes is created to read:

SB580,5,2 173.17 (2) A humane officer, law enforcement officer, political subdivision, or person contracting under s. 173.15 (1) is not required to disclose information concerning a person into whose custody an animal was ultimately released unless ordered to do so by a court.

SB580, s. 10 Section 10. 173.21 (1) (a) of the statutes is amended to read:

SB580,5,5 173.21 (1) (a) There are reasonable grounds to believe that the owner has mistreated the animal in violation of ch. 951 or has violated s. 951.08.

SB580, s. 11 Section 11. 173.21 (4) of the statutes is amended to read:

SB580,5,11 173.21 (4) Return. A political subdivision or person contracting under s. 173.15 (1) having custody of an animal withheld under sub. (1) shall release the animal to the owner at the direction of the humane officer or law enforcement officer that took custody of the animal if the requirements of s. 173.23 (1) (a) to (c) and (e) are satisfied.

SB580, s. 12 Section 12. 173.22 (1) of the statutes is amended to read:

SB580,5,18 173.22 (1) Petition. A person claiming that an animal that he or she owns was improperly taken into custody under s. 173.13 (1) (a) 3., 4., 5., 6. or 8. or is wrongfully withheld under s. 173.21 (1) may seek return of the animal by petitioning, no later than the 7th day after the day in which the animal was taken into custody, for an order from the circuit court for the county in which the animal was taken into custody or in which it is held.

SB580, s. 13 Section 13. 173.22 (2) of the statutes is renumbered 173.22 (2) (a) and amended to read:

SB580,6,3 173.22 (2) (a) The court A person who files a petition under sub. (1) shall provide notice of a serve a copy of the petition under sub. (1) to, in the manner provided in s. 801.11, upon the humane officer or law enforcement officer who took the animal into custody or to on the political subdivision that withheld the animal and if a person contracting under s. 173.15 (1) has custody of the animal, on that person. The court shall hold a hearing on the issue of whether the animal was improperly taken into custody or is wrongfully withheld within 10 days of the filing of the petition, except as provided in par. (b).

SB580, s. 14 Section 14. 173.22 (2) (b) of the statutes is created to read:

SB580,6,10 173.22 (2) (b) Upon a showing of good cause by the political subdivision, the person contracting under s. 173.15 (1), or the owner of the animal, the court may extend the date for a hearing under par. (a) beyond 10 days after the filing of the petition. In determining whether to extend the date for a hearing, the court shall consider how delaying the hearing will affect the health, safety, and welfare of the animal.

SB580, s. 15 Section 15. 173.22 (3) (a) 1. of the statutes is amended to read:

SB580,6,13 173.22 (3) (a) 1. There are reasonable grounds to believe that the owner has mistreated the animal in violation of ch. 951 or has violated s. 951.08.

SB580, s. 16 Section 16. 173.23 (1) (e) of the statutes is created to read:

SB580,6,16 173.23 (1) (e) The animal has an implanted microchip for identification or assurance of implantation of a microchip for identification is given by prepayment.

SB580, s. 17 Section 17. 173.23 (2) of the statutes is amended to read:

SB580,6,22 173.23 (2) Animals not returned to owner. If an animal in the custody of a political subdivision, other than an animal to which sub. (1m) applies, is not returned to the owner under sub. (1) or (5) (b) or s. 173.12 (2), 173.21 (4) or 173.22 or disposed of under sub. (4) or (5) (a) or s. 173.12 (3), it shall be disposed of under a court order under sub. (3) or s. 951.18 (4).

SB580, s. 18 Section 18. 173.23 (3) (a) of the statutes is amended to read:

SB580,7,2 173.23 (3) (a) A political subdivision or person contracting under s. 173.15 (1) may petition the circuit court for an order doing any of the following with respect to an animal taken into custody by a law enforcement officer or a humane officer or withheld under s. 173.21 (1):

SB580,7,4 1. Providing for payment, directly to the person with custody, for the custody, care, or treatment of the animal.

SB580,7,7 2. Requiring the owner of the animal to post bond or other security for the anticipated costs of custody, care, or treatment of the animal pending the outcome of any other proceeding, as provided in par. (g).

SB580,7,8 3. Authorizing the sale, destruction, or other disposal of the animal.

SB580, s. 19 Section 19. 173.23 (3) (a) 2m. of the statutes is created to read:

SB580,7,12 173.23 (3) (a) 2m. Requiring the owner of the animal to pay funds into the court for the costs of custody, care, or treatment of an animal pending the outcome of any other proceeding, as provided in par. (h).

SB580, s. 20 Section 20. 173.23 (3) (a) 4. of the statutes is created to read:

SB580,7,17 173.23 (3) (a) 4. If the owner of the animal is not alleged to have mistreated the animal in violation of ch. 951 or to have violated s. 951.08, releasing the animal to the owner of the animal as provided in par. (f) pending the outcome of any other proceeding.

SB580, s. 21 Section 21. 173.23 (3) (c) of the statutes is renumbered 173.23 (3) (c) 1. and amended to read:

SB580,8,2 173.23 (3) (c) 1. The A political subdivision that files a petition under par. (a) shall serve a copy of the petition, in the manner provided in s. 801.11, upon the owner of the animal, if known; if a person contracting under s. 173.15 (1) has custody of the animal, upon that person; and, if the animal was taken into custody under s. 173.13 (1) (a) 8. or was withheld under s. 173.21 (1) (a) or (c), upon the district attorney and the person alleged to have committed a violation relating to the animal if that person is not the owner.

SB580, s. 22 Section 22. 173.23 (3) (c) 2. of the statutes is created to read:

SB580,8,10 173.23 (3) (c) 2. A person contracting under s. 173.15 (1) who files a petition under par. (a) shall serve a copy of the petition, in the manner provided in s. 801.11, upon the owner of the animal, if known; upon the political subdivision with which the person contracts under s. 173.15 (1); and, if the animal was taken into custody under s. 173.13 (1) (a) 8. or was withheld under s. 173.21 (1) (a) or (c), upon the district attorney and the person alleged to have committed a violation relating to the animal if that person is not the owner.

SB580, s. 23 Section 23. 173.23 (3) (d) of the statutes is amended to read:

SB580,8,14 173.23 (3) (d) The court shall conduct a hearing on the petition within 10 days of the filing of the petition, except as provided under par. (dm). The petitioner and any person upon whom a copy of the petition was served may appear as a party.

SB580, s. 24 Section 24. 173.23 (3) (dm) of the statutes is created to read:

SB580,8,20 173.23 (3) (dm) If the petitioned-for relief includes the sale, destruction, or other disposal of the animal, the owner of the animal may petition the court for a delay of the hearing for not more than 20 days, conditioned on the owner posting bond or other security or paying funds into the court to cover the anticipated reasonable costs of custody, care, and treatment of the animal.

SB580, s. 25 Section 25. 173.23 (3) (e) of the statutes is amended to read:

SB580,9,2 173.23 (3) (e) The court shall issue its order after hearing and may grant, modify and grant or deny the petitioned-for relief, after considering the interests of the animal, the owner of the animal, the political subdivision, and the public. If an order was issued under s. 951.17 (1) with respect to the animal, the court shall ensure that the animal remains in custody until the end of the period specified in the order.

SB580, s. 26 Section 26. 173.23 (3) (f) of the statutes is created to read:

SB580,9,9 173.23 (3) (f) 1. The court may release an animal that was taken into custody under 173.13 (1) (a) 8. or was withheld under s. 173.21 (1) (a) or (c) to the owner of the animal, if the owner of the animal is not alleged to have mistreated the animal in violation of ch. 951 or to have violated s. 951.08, and order the owner to provide necessary shelter, care, and treatment, including any necessary veterinary care, to the animal at a specified location pending the outcome of any other proceeding.

SB580,9,15 2. If a court makes an order under subd. 1., it may order the political subdivision that withheld the animal under s. 173.21 (1) or on behalf of whom the animal was taken into custody to have a humane officer or law enforcement officer make regular visits to the location at which the animal is kept to determine whether the animal is receiving necessary care and treatment and to remove the animal to another location if the animal is not receiving necessary care and treatment.

SB580,9,24 3. If a court makes an order under subd. 1.; it shall order the owner of the animal to have a microchip implanted in the animal for identification; order the owner to provide proof of any licensure required by statute or ordinance or to provide assurance of licensure by prepayment; order the owner to provide proof of any vaccination required by statute or ordinance or to provide assurance of vaccination by prepayment; and order the owner to pay the costs incurred by the political subdivision or person contracting under s. 173.15 (1) for shelter, care, and treatment of the animal before the release of the animal to the owner unless the person who incurred the costs waives the payment requirement.

SB580, s. 27 Section 27. 173.23 (3) (g) of the statutes is created to read:

SB580,10,3 173.23 (3) (g) If a court orders the owner of an animal to post bond or other security for the costs of custody, care, or treatment of an animal pending the outcome of any other proceeding, the court shall do all of the following:

SB580,10,5 1. Order the owner to post bond or other security in the amount necessary to cover the reasonable costs of caring for the animal for a period specified by the court.

SB580,10,10 2. Order that if the other proceeding remains pending and the animal remains in custody, the owner shall post additional bond or other security, at least 10 days before the expiration of a period under subd. 1. or under this subdivision, in the amount necessary to cover the reasonable costs of caring for the animal for an additional period specified by the court.

SB580, s. 28 Section 28. 173.23 (3) (h) of the statutes is created to read:

SB580,10,14 173.23 (3) (h) If a court orders the owner of an animal to pay funds into the court for the costs of custody, care, or treatment of an animal pending the outcome of any other proceeding, the court shall do all of the following:

SB580,10,16 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.

SB580,10,21 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.

SB580,10,24 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.

SB580, s. 29 Section 29. 173.23 (3) (i) of the statutes is created to read:

SB580,11,4 173.23 (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.

SB580, s. 30 Section 30. 173.23 (5) (b) and (c) of the statutes are amended to read:

SB580,11,12 173.23 (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.

SB580,11,14 (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).

SB580, s. 31 Section 31. 173.23 (6) of the statutes is amended to read:

SB580,11,24 173.23 (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).

SB580, s. 32 Section 32. 173.24 (1) of the statutes is repealed.

SB580, s. 33 Section 33. 173.24 (3) of the statutes is amended to read:

SB580,12,6 173.24 (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.

SB580, s. 34 Section 34. 174.13 (3) of the statutes is amended to read:

SB580,12,9 174.13 (3) An officer or pound that has custody of unclaimed dogs shall maintain records as provided under s. 173.17 (1).

SB580, s. 35 Section 35. 951.17 of the statutes is created to read:

SB580,12,17 951.17 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.

SB580,12,20 (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.

SB580,12,22 (3) The ultimate disposition of the animal after the period specified in the order under sub. (1) shall be determined under ch. 173.

SB580, s. 36 Section 36. 951.18 (4) (b) 1. of the statutes is renumbered 951.18 (4) (b) and amended to read:

SB580,13,14 951.18 (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.

SB580, s. 37 Section 37. 951.18 (4) (b) 2. of the statutes is repealed.

SB580, s. 38 Section 38. 968.19 of the statutes is amended to read:

SB580,13,21 968.19 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.

SB580, s. 39 Section 39. 968.20 (1) (intro.) of the statutes is amended to read:

SB580,14,7 968.20 (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:

SB580, s. 40 Section 40. 968.20 (2) of the statutes is amended to read: