1 | 1 | | LRB-2136/1 |
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2 | 2 | | CMH:wlj&skw |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 84 |
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5 | 5 | | March 8, 2023 - Introduced by Representatives GUSTAFSON, BEHNKE, RETTINGER, |
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6 | 6 | | SUBECK and WICHGERS, cosponsored by Senator JACQUE. Referred to |
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7 | 7 | | Committee on Judiciary. |
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8 | 8 | | ***AUTHORS SUBJECT TO CHANGE*** |
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9 | 9 | | AN ACT to create 173.29, 938.3416, 941.293, 971.17 (1i) and 973.0336 of the |
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10 | 10 | | statutes; relating to: possession of dogs by certain felony offenders and |
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11 | 11 | | providing a penalty. |
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12 | 12 | | Analysis by the Legislative Reference Bureau |
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13 | 13 | | Current law imposes certain restrictions on felony offenders. A person is a |
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14 | 14 | | felony offender if any of the following applies: 1) he or she has been found guilty of |
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15 | 15 | | a felony; 2) he or she has been adjudicated delinquent as a juvenile for an act that |
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16 | 16 | | would have been a felony if it had been committed by an adult; or 3) he or she has |
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17 | 17 | | been found not guilty of a felony by reason of mental disease, defect, or illness. |
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18 | 18 | | This bill prohibits certain felony offenders from possessing, controlling, or |
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19 | 19 | | residing with a vicious dog, as determined by a humane officer or a law enforcement |
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20 | 20 | | officer using criteria specified in the bill. The prohibition applies to persons whose |
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21 | 21 | | status as felony offenders is due to committing an act that is classified under the bill |
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22 | 22 | | as a serious felony, which includes homicide, felony battery, sexual assault, and |
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23 | 23 | | felonies involving controlled substances. A person who violates the prohibition may |
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24 | 24 | | be fined up to $10,000 or imprisoned for up to nine months, or both. If a person |
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25 | 25 | | violates the prohibition, and a person or an animal suffers great bodily harm or death |
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26 | 26 | | as a result, the person may be fined up to $10,000 or imprisoned for up to three years |
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27 | 27 | | and six months, or both. If a person violates the prohibition, and a person suffers |
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28 | 28 | | great bodily harm or death as a result and the offender knowingly allowed the dog |
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29 | 29 | | to run loose or failed to take steps to control the dog, the person may be fined up to |
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30 | 30 | | $10,000 or imprisoned for up to six years, or both. |
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33 | 33 | | 3 - 2 -2023 - 2024 Legislature LRB-2136/1 |
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34 | 34 | | CMH:wlj&skw |
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35 | 35 | | ASSEMBLY BILL 84 |
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36 | 36 | | The prohibition applies to a person for as long as the person is on extended |
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37 | 37 | | supervision, parole, or probation for committing the serious felony or for 10 years |
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38 | 38 | | following any of the following: 1) any period of incarceration imposed for the serious |
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39 | 39 | | felony; 2) the conviction for the serious felony if the penalty does not include a period |
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40 | 40 | | of incarceration; 3) the delinquency adjudication for the serious felony; or 4) the |
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41 | 41 | | finding of not guilty of the serious felony by reason of insanity or mental disease, |
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42 | 42 | | defect, or illness. |
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43 | 43 | | This bill allows a person to request an exemption from the prohibition if the |
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44 | 44 | | exemption is reasonably needed to earn a livelihood or as a condition of employment |
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45 | 45 | | and will not endanger public safety. A person seeking an exemption must file a |
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46 | 46 | | motion in the circuit court for the county in which he or she will possess, control, or |
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47 | 47 | | reside with the vicious dog. The person must provide a copy of the motion to the |
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48 | 48 | | district attorney for that county, who must in turn make a reasonable attempt to |
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49 | 49 | | contact local law enforcement agencies to inform them of the request and to solicit |
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50 | 50 | | any information that may be relevant to whether the request should be granted. |
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51 | 51 | | Because this bill creates a new crime or revises a penalty for an existing crime, |
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52 | 52 | | the Joint Review Committee on Criminal Penalties may be requested to prepare a |
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53 | 53 | | report. |
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54 | 54 | | For further information see the state and local fiscal estimate, which will be |
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55 | 55 | | printed as an appendix to this bill. |
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56 | 56 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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57 | 57 | | enact as follows: |
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58 | 58 | | SECTION 1. 173.29 of the statutes is created to read: |
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59 | 59 | | 173.29 Vicious dogs. (1) DEFINITION. In this section, “serious physical injury" |
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60 | 60 | | means physical injury to a person or domesticated pet that creates a substantial risk |
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61 | 61 | | of death; that causes serious disfigurement, protracted impairment of health, or |
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62 | 62 | | impairment of a bodily organ; or that necessitates plastic surgery. |
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63 | 63 | | (2) DETERMINATION. If a humane officer or law enforcement officer, after |
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64 | 64 | | conducting an investigation, determines that a dog satisfies one of the standards |
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65 | 65 | | under sub. (3), the humane officer or law enforcement officer may issue a written |
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66 | 66 | | order to the owner or custodian of the dog declaring the dog to be vicious for purposes |
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67 | 67 | | of s. 941.293. In the written order, the humane officer or law enforcement officer shall |
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68 | 68 | | notify the owner or custodian of the dog of the incidents that are the basis for the |
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80 | 80 | | LRB-2136/1 |
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81 | 81 | | CMH:wlj&skw |
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82 | 82 | | SECTION 1 |
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83 | 83 | | ASSEMBLY BILL 84 |
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84 | 84 | | investigation. The written order shall include a description of s. 941.293 and of the |
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85 | 85 | | right to an appeal under ch. 68. |
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86 | 86 | | (3) STANDARDS. The humane officer or law enforcement officer may determine |
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87 | 87 | | that a dog is vicious if one of the following applies: |
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88 | 88 | | (a) The dog, without justification, attacked a person or domesticated pet and |
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89 | 89 | | caused serious physical injury or death. |
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90 | 90 | | (b) The dog has done any of the following on at least 2 occasions, without |
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91 | 91 | | justification: |
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92 | 92 | | 1. Bitten a person or domesticated pet without causing serious physical injury |
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93 | 93 | | or death. |
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94 | 94 | | 2. Behaved in a manner that a reasonable person would believe posed a |
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95 | 95 | | significant, imminent threat of serious physical injury or death to a person or |
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96 | 96 | | domesticated pet. |
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97 | 97 | | (4) JUSTIFICATION. The humane officer or law enforcement officer may not |
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98 | 98 | | determine that a dog's actions are without justification if any of the following applies: |
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99 | 99 | | (a) A person threatened, bitten, or attacked by the dog was committing a crime |
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100 | 100 | | against the owner or custodian of the dog or was committing a willful trespass or |
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101 | 101 | | other tort upon property owned or occupied by the owner or custodian of the dog. |
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102 | 102 | | (b) A person or domesticated pet threatened, bitten, or attacked by the dog was |
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103 | 103 | | abusing, assaulting, or physically threatening the dog or its offspring or had |
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104 | 104 | | previously abused, assaulted, or physically threatened the dog or its offspring. |
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105 | 105 | | (c) The dog was responding to pain or injury or was protecting itself, its |
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106 | 106 | | offspring, another dog living on the same property, its owner or custodian, or a person |
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107 | 107 | | living in the household of its owner or custodian. |
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108 | 108 | | SECTION 2. 938.3416 of the statutes is created to read: |
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134 | 134 | | CMH:wlj&skw |
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135 | 135 | | SECTION 2 ASSEMBLY BILL 84 |
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136 | 136 | | 938.3416 Delinquency adjudication; restriction on possessing certain |
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137 | 137 | | dogs. Whenever a court adjudicates a juvenile delinquent for an act that if |
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138 | 138 | | committed by an adult in this state would be a serious felony, as defined in s. 941.293 |
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139 | 139 | | (1) (b), the court shall inform the juvenile of the requirements and penalties under |
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140 | 140 | | s. 941.293. |
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141 | 141 | | SECTION 3. 941.293 of the statutes is created to read: |
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142 | 142 | | 941.293 Possession of certain dogs. (1) DEFINITIONS. In this section: |
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143 | 143 | | (a) “Confinement term" means a period during which a person is incarcerated |
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144 | 144 | | in prison. |
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145 | 145 | | (b) “Serious felony" means a felony under s. 940.01, 940.02, 940.03, 940.05, |
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146 | 146 | | 940.19 (2), (4), or (5), 940.225 (1) or (2), 940.31, 943.02, 943.10 (2), 943.23 (1g), 943.32 |
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147 | 147 | | (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (3) (a), 948.05, |
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148 | 148 | | 948.08, or 948.30 (2) or a felony violation of ch. 961. |
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149 | 149 | | (c) “Vicious dog" means a dog that is determined to be vicious under s. 173.29. |
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150 | 150 | | (2) PROHIBITION. A person may not possess, control, or reside with a vicious dog |
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151 | 151 | | if any of the following applies: |
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152 | 152 | | (a) 1. He or she has been convicted of a serious felony in this state and was |
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153 | 153 | | serving a confinement term for that conviction within the preceding 10 years. |
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154 | 154 | | 2. He or she has been convicted of a crime elsewhere that would be a serious |
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155 | 155 | | felony if committed in this state and was serving a confinement term for that |
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156 | 156 | | conviction within the preceding 10 years. |
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157 | 157 | | (b) 1. He or she has been convicted of a serious felony in this state within the |
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158 | 158 | | preceding 10 years. |
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159 | 159 | | 2. Within the preceding 10 years, he or she has been convicted of a crime |
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160 | 160 | | elsewhere that would be a serious felony if committed in this state. |
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186 | 186 | | LRB-2136/1 |
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187 | 187 | | CMH:wlj&skw |
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188 | 188 | | SECTION 3 |
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189 | 189 | | ASSEMBLY BILL 84 |
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190 | 190 | | (c) 1. He or she is on extended supervision as part of a sentence following a |
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191 | 191 | | conviction for a serious felony or is on parole or probation following a conviction for |
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192 | 192 | | a serious felony. |
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193 | 193 | | 2. He or she is on a supervised status following a conviction for a crime |
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194 | 194 | | elsewhere that would be a serious felony if committed in this state. |
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195 | 195 | | (d) He or she has been adjudicated delinquent within the preceding 10 years |
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196 | 196 | | for an act that if committed by an adult in this state would be a serious felony. |
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197 | 197 | | (e) He or she has been found not guilty within the preceding 10 years of a |
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198 | 198 | | serious felony, or of a crime elsewhere that would be a serious felony if committed in |
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199 | 199 | | this state, by reason of insanity or mental disease, defect, or illness. |
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200 | 200 | | (3) PENALTIES. (a) Except as provided in pars. (b) and (c), whoever violates sub. |
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201 | 201 | | (2) is guilty of a Class A misdemeanor. |
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202 | 202 | | (b) Whoever violates sub. (2) is guilty of a Class I felony if an individual or an |
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203 | 203 | | animal suffers great bodily harm or death as a result of the violation. |
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204 | 204 | | (c) Whoever violates sub. (2) is guilty of a Class H felony if an individual suffers |
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205 | 205 | | great bodily harm or death as a result of the violation and the actor knowingly |
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206 | 206 | | allowed the dog to run loose or failed to take steps to keep the dog in an enclosure or |
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207 | 207 | | under control. |
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208 | 208 | | (4) APPLICABILITY. (a) This section does not apply to any person specified in sub. |
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209 | 209 | | (2) who has received a pardon with respect to the serious felony. |
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210 | 210 | | (b) Subsection (2) does not apply to a person if any of the following applies: |
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211 | 211 | | 1. Not more than 5 days have elapsed since the person received a written order |
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212 | 212 | | under s. 173.29 declaring the dog vicious. |
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213 | 213 | | 2. An appeal is pending under ch. 68. |
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237 | 237 | | 24 - 6 -2023 - 2024 Legislature LRB-2136/1 |
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238 | 238 | | CMH:wlj&skw |
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239 | 239 | | SECTION 3 ASSEMBLY BILL 84 |
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240 | 240 | | (5) REQUEST FOR EXEMPTION. (a) A person may request an exemption from the |
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241 | 241 | | prohibition under sub. (2) by filing a written motion in the circuit court for the county |
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242 | 242 | | in which the person will possess, control, or reside with the vicious dog. |
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243 | 243 | | (b) A person who files a motion under par. (a) shall send a copy of the motion |
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244 | 244 | | to the district attorney for the county in which the motion is filed. The district |
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245 | 245 | | attorney shall make a reasonable attempt to contact the county sheriff and, if |
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246 | 246 | | applicable, the chief of police of a city, village, or town in the county for the purpose |
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247 | 247 | | of informing the sheriff and the chief of police that the person has made a request for |
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248 | 248 | | an exemption and to solicit from the sheriff and chief of police any information that |
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249 | 249 | | may be relevant to the criteria specified in par. (c) 1. and 2. |
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250 | 250 | | (c) A court shall grant a request under par. (a) if all of the following apply: |
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251 | 251 | | 1. The person has a reasonable need to possess, control, or reside with a vicious |
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252 | 252 | | dog to earn a livelihood or as a condition of employment. |
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253 | 253 | | 2. Exempting the person from the prohibition under sub. (2) will not endanger |
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254 | 254 | | public safety. |
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255 | 255 | | (6) SURRENDER OF VICIOUS DOG. A court that sentences a person who is convicted |
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256 | 256 | | of violating sub. (2) may order that the vicious dog that is involved in the violation |
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257 | 257 | | be delivered to the local humane officer or society, to the county or municipal pound, |
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258 | 258 | | or to a law enforcement officer if the court considers the order to be reasonable and |
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259 | 259 | | appropriate. The society, pound, or officer shall, in accordance with s. 173.23 (1m), |
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260 | 260 | | release the vicious dog to a person other than a person under sub. (2) or dispose of |
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261 | 261 | | the vicious dog in a proper and humane manner. |
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262 | 262 | | SECTION 4. 971.17 (1i) of the statutes is created to read: |
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263 | 263 | | 971.17 (1i) NOTICE OF RESTRICTIONS ON POSSESSION OF A DOG. If the defendant |
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264 | 264 | | under sub. (1) is found not guilty of a serious felony, as defined in s. 941.293 (1) (b), |
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289 | 289 | | 25 - 7 -2023 - 2024 Legislature |
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290 | 290 | | LRB-2136/1 |
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291 | 291 | | CMH:wlj&skw |
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292 | 292 | | SECTION 4 |
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293 | 293 | | ASSEMBLY BILL 84 |
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294 | 294 | | by reason of mental disease or defect, the court shall inform the defendant of the |
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295 | 295 | | requirements and penalties under s. 941.293. |
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296 | 296 | | SECTION 5. 973.0336 of the statutes is created to read: |
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297 | 297 | | 973.0336 Sentencing; restriction on possession of a dog. Whenever a |
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298 | 298 | | court imposes a sentence or places a defendant on probation for a conviction for a |
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299 | 299 | | serious felony, as defined in s. 941.293 (1) (b), the court shall inform the defendant |
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300 | 300 | | of the requirements and penalties under s. 941.293. |
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301 | 301 | | SECTION 6.0Initial applicability. |
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302 | 302 | | (1) POSSESSION OF A DOG. |
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303 | 303 | | (a) In this subsection, “serious felony" has the meaning given in s. 941.293 (1) |
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304 | 304 | | (b). |
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305 | 305 | | (b) The treatment of s. 941.293 first applies to the possession of a dog that |
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306 | 306 | | occurs on the effective date of this paragraph, but does not preclude the counting of |
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307 | 307 | | an act that was committed before the effective date of this paragraph for purposes |
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308 | 308 | | of determining whether any of the following makes a person subject to s. 941.293: |
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309 | 309 | | 1. The person has been convicted of a serious felony in this state. |
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310 | 310 | | 2. The person has been convicted of a crime elsewhere that would be a serious |
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311 | 311 | | felony if committed in this state. |
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312 | 312 | | 3. The person has been adjudicated delinquent for an act that if committed by |
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313 | 313 | | an adult in this state would be a serious felony. |
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314 | 314 | | 4. The person has been found not guilty of a serious felony in this state by |
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315 | 315 | | reason of mental disease or defect. |
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316 | 316 | | 5. The person has been found not guilty of or not responsible for a crime |
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317 | 317 | | elsewhere by reason of insanity or mental disease, defect, or illness if the crime would |
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318 | 318 | | be a serious felony in this state. |
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343 | 343 | | 25 - 8 -2023 - 2024 Legislature LRB-2136/1 |
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344 | 344 | | CMH:wlj&skw |
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345 | 345 | | SECTION 6 ASSEMBLY BILL 84 |
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346 | 346 | | (2) DETERMINATIONS THAT A DOG IS VICIOUS. The treatment of s. 173.29 first |
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347 | 347 | | applies to incidents described under s. 173.29 (3) that occur on the effective date of |
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348 | 348 | | this subsection. |
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349 | 349 | | (END) |
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