This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
MCP:jld&km
2015 - 2016 LEGISLATURE
October 15, 2015 - Introduced by Representatives Czaja, Gannon, Kerkman, Kulp,
A. Ott, Steffen and Tittl, cosponsored by Senators Lasee, LeMahieu,
Stroebel and Darling. Referred to Committee on Insurance.
AB413,1,3 1An Act to amend 174.02 (1) (b), 174.02 (2) (a) and (b) and 174.02 (3) (a) (intro.)
2of the statutes; relating to: liability for damages caused by dogs, court orders
3to kill a dog, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill makes changes to an owner's liability and penalties for damage caused
by a dog and to who may request a court order to kill a dog.
Under current law, a person who owns or keeps a dog is generally liable for the
amount of damages caused by the dog injuring a person, a domestic animal, or
property. Under current law, a person who owns or keeps a dog is generally liable
for two times the amount of damages caused by the dog injuring a person, a domestic
animal, or property if the owner or keeper knew that the dog previously injured a
person, a domestic animal, or property.
The bill changes the current provision under which a dog owner or keeper may
be liable for two times the amount of damages caused by the dog so that it applies
only when a dog bites a person with sufficient force to break the skin and cause
permanent physical scarring or disfigurement, and the owner or keeper knew that
the dog had previously, without provocation, bitten a person with sufficient force to
break the skin and cause permanent physical scarring or disfigurement.
Under current law, a person who owns or keeps a dog is subject to a forfeiture
(a civil monetary penalty) of $50 to $500 if the dog causes injury to a person, domestic
animal, property, deer, game birds, or the nests or eggs of game birds. This bill
increases the maximum forfeiture to $2,500. Under current law, if the owner or

keeper knew that the dog had previously caused injury to a person, domestic animal,
property, deer, game birds, or the nests or eggs of game birds, the forfeiture is $200
to $1,000. This bill increases the maximum forfeiture to $5,000.
Under current law, this state or a municipality may ask a court to order that
a dog be killed. The court may issue the order if the dog caused serious injury to a
person or domestic animal on two separate occasions, off of the owner's or keeper's
property, without reasonable cause, and the owner or keeper knew, before the second
injury, that the dog caused the first injury.
Under this bill, an action asking a court to order that a dog be killed may also
be brought by a person who is injured by the dog, whose minor child was injured by
the dog, or whose domestic animal is injured by the dog.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB413,1 1Section 1. 174.02 (1) (b) of the statutes is amended to read:
AB413,2,92 174.02 (1) (b) After notice. Subject to s. 895.045 and except as provided in s.
3895.57 (4), the owner of a dog is liable for 2 times the full amount of damages caused
4by the dog injuring or causing injury to biting a person, domestic animal or property
5with sufficient force to break the skin and cause permanent physical scarring or
6disfigurement
if the owner was notified or knew that the dog had previously injured
7or caused injury to
, without provocation, bitten a person, domestic animal or
8property
with sufficient force to break the skin and cause permanent physical
9scarring or disfigurement
.
AB413,2 10Section 2. 174.02 (2) (a) and (b) of the statutes are amended to read:
AB413,2,1311 174.02 (2) (a) Without notice. The owner of a dog shall forfeit not less than $50
12nor more than $500 $2,500 if the dog injures or causes injury to a person, domestic
13animal, property, deer, game birds or the nests or eggs of game birds.
AB413,3,314 (b) After notice. The owner of a dog shall forfeit not less than $200 nor more
15than $1,000 $5,000 if the dog injures or causes injury to a person, domestic animal,

1property, deer, game birds or the nests or eggs of game birds, and if the owner was
2notified or knew that the dog previously injured or caused injury to a person,
3domestic animal, property, deer, game birds or the nests or eggs of game birds.
AB413,3 4Section 3. 174.02 (3) (a) (intro.) of the statutes is amended to read:
AB413,3,95 174.02 (3) (a) (intro.) The state or, any municipality, or a person who is injured
6by the dog, whose minor child was injured by the dog, or whose domestic animal is
7injured by the dog
may commence a civil action to obtain a judgment from a court
8ordering an officer to kill a dog. The court may grant the judgment if the court finds
9both of the following:
AB413,3,1010 (End)
Loading...
Loading...