Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB65 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-0290/1
2	2	MJW:cdc
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 65
5	5	February 15, 2023 - Introduced by Senators WANGGAARD and CABRAL-GUEVARA,
6	6	cosponsored by Representatives SPIROS, NEDWESKI, PLUMER, RETTINGER,
7	7	RODRIGUEZ, STEFFEN, KITCHENS and BEHNKE. Referred to Committee on
8	8	Judiciary and Public Safety.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 951.01 (2), 951.02, 951.18 (1) and 951.18 (4) (c); and to create
11	11	951.01 (3c) of the statutes; relating to: mistreating an animal and providing
12	12	a penalty.
13	13	Analysis by the Legislative Reference Bureau
14	14	Under current law, a person who commits an act of animal abuse is subject to
15	15	a Class C forfeiture, unless the animal abuse results in the mutilation,
16	16	disfigurement, or death of the animal, in which case the person is guilty of a Class
17	17	I felony. Under current law, animal abuse means treating an animal in a cruel
18	18	manner, but the prohibition on animal abuse does not prohibit normal and accepted
19	19	veterinary practices.
20	20	Under this bill, the prohibition on animal abuse does not apply to an injury
21	21	sustained by a dog while training or hunting with dogs in the manner authorized by
22	22	the Department of Natural Resources or to the care and treatment of the injury if the
23	23	injury is treated as soon as is practicable under the circumstances. Under the bill,
24	24	a person who commits an act of animal abuse is guilty of a Class H felony if the animal
25	25	abuse results in grievous bodily harm to or the death of the animal and is guilty of
26	26	a Class I felony if the person knows or reasonably should know that the animal abuse
27	27	may result in grievous bodily harm to or the death of an animal, regardless of
28	28	whether grievous bodily harm or death occurs.
29	29	Under current law, a court may order that a person who commits an act of
30	30	animal abuse may not own, possess, or train any animal or type or species of animal
31	31	for a period specified by the court, but not to exceed five years. Under the bill, the
32	32	1
33	33	2
34	34	3 - 2 -2023 - 2024 Legislature LRB-0290/1
35	35	MJW:cdc
36	36	SENATE BILL 65
37	37	court is required to enter an order that a person who commits an act of animal abuse
38	38	may not reside with, own, possess, or train any animal of the type involved in the
39	39	violation, and may also enter such an order pertaining to other animals. Under the
40	40	bill, if the person is convicted of a misdemeanor violation, the ordered period
41	41	specified by the court may be up to five years, and if the person is convicted of a felony
42	42	violation, the ordered period specified by the court may be up to fifteen years.
43	43	The people of the state of Wisconsin, represented in senate and assembly, do
44	44	enact as follows:
45	45	SECTION 1. 951.01 (2) of the statutes is amended to read:
46	46	951.01 (2) “Cruel" means causing or engaging in actions that are likely to cause
47	47	unnecessary and excessive pain or suffering or unjustifiable injury or death.
48	48	SECTION 2. 951.01 (3c) of the statutes is created to read:
49	49	951.01 (3c) “Grievous bodily harm" means serious bodily injury, including
50	50	fractured or dislocated bones, deep cuts, burns, torn members of the body, tissue
51	51	damage as a result of exposure to cold temperatures, serious damage to internal
52	52	organs, starvation, or other severe bodily injuries. In the case of farm animals,
53	53	grievous bodily harm does not include normally acceptable husbandry practices.
54	54	SECTION 3. 951.02 of the statutes is amended to read:
55	55	951.02 Mistreating animals. No person may treat any animal, whether
56	56	belonging to the person or another, in a cruel manner. This section does not prohibit
57	57	normal and accepted veterinary practices. This section does not apply to an injury,
58	58	or the care and treatment of that injury, sustained by a dog while training or hunting
59	59	with dogs in the manner authorized under ch. 29 if the injury is cared for and treated
60	60	as soon as is practicable under the circumstances.
61	61	SECTION 4. 951.18 (1) of the statutes is amended to read:
62	62	951.18 (1) Any person violating s. 951.02, 951.025, 951.03, 951.04, 951.05,
63	63	951.06, 951.07, 951.09, 951.10, 951.11, 951.13, 951.14 or 951.15 is subject to a
64	64	1
65	65	2
66	66	3
67	67	4
68	68	5
69	69	6
70	70	7
71	71	8
72	72	9
73	73	10
74	74	11
75	75	12
76	76	13
77	77	14
78	78	15
79	79	16
80	80	17
81	81	18
82	82	19 - 3 -2023 - 2024 Legislature
83	83	LRB-0290/1
84	84	MJW:cdc
85	85	SECTION 4
86	86	SENATE BILL 65
87	87	Class C forfeiture. Any person who violates any of these provisions within 3 years
88	88	after a humane officer issues an abatement order under s. 173.11 prohibiting the
89	89	violation of that provision is subject to a Class A forfeiture. Any person who
90	90	intentionally or negligently violates any of those sections is guilty of a Class A
91	91	misdemeanor. Any person who intentionally violates s. 951.02, resulting in the
92	92	mutilation, disfigurement grievous bodily harm to or the death of an animal, is guilty
93	93	of a Class I H felony. Any person who intentionally violates s. 951.02 and who knows
94	94	or reasonably should know that his or her actions may result in grievous bodily harm
95	95	to or the death of an animal, regardless of whether grievous bodily harm or death
96	96	occurs, is guilty of a Class I felony. Any person who intentionally violates s. 951.02
97	97	or 951.06, knowing that the animal that is the victim is used by a law enforcement
98	98	agency to perform agency functions or duties and causing injury to the animal, is
99	99	guilty of a Class I H felony.
100	100	SECTION 5. 951.18 (4) (c) of the statutes is amended to read:
101	101	951.18 (4) (c) Except as provided in s. 951.08 (2m), a A sentencing court shall
102	102	order that a person convicted of a criminal violation may not own, possess, reside
103	103	with, or train an animal of the type involved in the violation, and a court may order
104	104	that the criminal violator a person convicted of a criminal violation may not own,
105	105	possess, reside with, or train any other animal or type or species of animal, for a
106	106	period specified by the court, but not to exceed 5 years for a misdemeanor violation
107	107	or 15 years for a felony violation. In computing the time period, time which the
108	108	person spent in actual confinement serving a sentence shall be excluded.
109	109	(END)
110	110	1
111	111	2
112	112	3
113	113	4
114	114	5
115	115	6
116	116	7
117	117	8
118	118	9
119	119	10
120	120	11
121	121	12
122	122	13
123	123	14
124	124	15
125	125	16
126	126	17
127	127	18
128	128	19
129	129	20
130	130	21
131	131	22
132	132	23