1 | 1 | | 2025 - 2026 LEGISLATURE |
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2 | 2 | | LRB-1380/1 |
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3 | 3 | | MJW:cdc |
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4 | 4 | | 2025 ASSEMBLY BILL 239 |
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5 | 5 | | May 2, 2025 - Introduced by Representatives GREEN, ANDRACA, BEHNKE, DITTRICH, |
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6 | 6 | | GUNDRUM, MURSAU, NEDWESKI, NOVAK, O'CONNOR, PIWOWARCZYK and |
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7 | 7 | | SUBECK, cosponsored by Senators JAMES and WANGGAARD. Referred to |
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8 | 8 | | Committee on Criminal Justice and Public Safety. |
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9 | 9 | | AN ACT to amend 951.095 (title), 951.095 (1) (intro.), 951.095 (2) (b) and 951.18 |
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10 | 10 | | (2m); to create 951.01 (4s) of the statutes; relating to: harassment of search |
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11 | 11 | | and rescue dogs and providing a penalty. |
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12 | 12 | | Analysis by the Legislative Reference Bureau |
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13 | 13 | | Under current law, no person may do any of the following to any animal that is |
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14 | 14 | | used by a law enforcement agency or fire department to perform agency or |
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15 | 15 | | department functions or duties: frighten, intimidate, threaten, abuse or harass the |
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16 | 16 | | animal; strike, shove, kick or otherwise subject the animal to physical contact; or |
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17 | 17 | | strike the animal by using a dangerous weapon. Under current law, any person who |
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18 | 18 | | does any of those actions is subject to a Class B forfeiture, or, if the person knows |
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19 | 19 | | the animal is a police or fire dog, is guilty of a Class A misdemeanor. Any person |
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20 | 20 | | who intentionally does any of those actions and causes injury to the animal is guilty |
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21 | 21 | | of a Class I felony, and any person who intentionally does any of those actions and |
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22 | 22 | | causes death of the animal is guilty of a Class H felony. Additionally, for such a |
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23 | 23 | | violation, a sentencing court must require a criminal violator to pay restitution, |
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24 | 24 | | including veterinary care expenses or the value of a replacement animal. |
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25 | 25 | | This bill expands this prohibition to include search and rescue dogs in |
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26 | 26 | | addition to animals that are used by a law enforcement agency or fire department |
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27 | 27 | | to perform agency or department functions or duties. Under the bill, Xsearch and |
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28 | 28 | | rescue dogY means a dog that has been trained or is being trained by a state or |
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31 | 31 | | 3 2025 - 2026 Legislature |
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32 | 32 | | ASSEMBLY BILL 239 |
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33 | 33 | | - 2 - LRB-1380/1 |
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34 | 34 | | MJW:cdc |
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35 | 35 | | SECTION 1 |
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36 | 36 | | nationally recognized search and rescue agency to locate lost or missing individuals |
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37 | 37 | | and victims of disasters in search and rescue activities. |
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38 | 38 | | Because this bill creates a new crime or revises a penalty for an existing crime, |
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39 | 39 | | the Joint Review Committee on Criminal Penalties may be requested to prepare a |
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40 | 40 | | report. |
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41 | 41 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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42 | 42 | | enact as follows: |
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43 | 43 | | SECTION 1. 951.01 (4s) of the statutes is created to read: |
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44 | 44 | | 951.01 (4s) XSearch and rescue dogY means a dog that has been trained or is |
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45 | 45 | | being trained by a state or nationally recognized search and rescue agency to locate |
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46 | 46 | | lost or missing individuals and victims of disasters in search and rescue activities. |
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47 | 47 | | SECTION 2. 951.095 (title) of the statutes is amended to read: |
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48 | 48 | | 951.095 (title) Harassment of police and fire animals and search and |
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49 | 49 | | rescue dogs. |
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50 | 50 | | SECTION 3. 951.095 (1) (intro.) of the statutes is amended to read: |
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51 | 51 | | 951.095 (1) (intro.) No person may do any of the following to any animal that |
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52 | 52 | | is used by a law enforcement agency or fire department to perform agency or |
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53 | 53 | | department functions or duties or to a search and rescue dog: |
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54 | 54 | | SECTION 4. 951.095 (2) (b) of the statutes is amended to read: |
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55 | 55 | | 951.095 (2) (b) Any act that is necessary for the training of an animal to |
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56 | 56 | | perform functions or duties for a law enforcement agency, fire department, or state |
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57 | 57 | | or nationally recognized search and rescue agency. |
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58 | 58 | | SECTION 5. 951.18 (2m) of the statutes is amended to read: |
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59 | 59 | | 951.18 (2m) Any person who violates s. 951.095 is subject to a Class B |
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60 | 60 | | forfeiture. Any person who intentionally or negligently violates s. 951.095, knowing |
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78 | 78 | | 18 2025 - 2026 Legislature |
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79 | 79 | | ASSEMBLY BILL 239 |
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80 | 80 | | - 3 - LRB-1380/1 |
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81 | 81 | | MJW:cdc |
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82 | 82 | | SECTION 5 |
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83 | 83 | | that the animal that is the victim is used by a law enforcement agency or fire |
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84 | 84 | | department to perform agency or department functions or duties or that the animal |
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85 | 85 | | is a search and rescue dog, is guilty of a Class A misdemeanor. Any person who |
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86 | 86 | | intentionally violates s. 951.095, knowing that the animal that is the victim is used |
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87 | 87 | | by a law enforcement agency or fire department to perform agency or department |
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88 | 88 | | functions or duties or that the animal is a search and rescue dog and causing injury |
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89 | 89 | | to the animal, is guilty of a Class I felony. Any person who intentionally violates s. |
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90 | 90 | | 951.095, knowing that the animal that is the victim is used by a law enforcement |
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91 | 91 | | agency or fire department to perform agency or department functions or duties or |
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92 | 92 | | that the animal is a search and rescue dog and causing death to the animal, is |
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93 | 93 | | guilty of a Class H felony. |
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94 | 94 | | (END) |
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