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MLJ:cjs
2021 - 2022 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 368
September 21, 2021 - Offered by Representative Spiros.
AB368-ASA1,1,3 1An Act to amend 951.01 (2), 951.02, 951.18 (1) and 951.18 (4) (c); and to create
2951.01 (3c) of the statutes; relating to: mistreating an animal and providing
3a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who commits an act of animal abuse is subject to
a Class C forfeiture, unless the animal abuse results in the mutilation,
disfigurement, or death of the animal, in which case the person is guilty of a Class
I felony. Under current law, animal abuse means treating an animal in a cruel
manner, but the prohibition on animal abuse does not prohibit normal and accepted
veterinary practices.
Under this bill, the prohibition on animal abuse does not apply to an injury
sustained by a dog while training or hunting with dogs in the manner authorized by
the Department of Natural Resources or to the care and treatment of the injury if the
injury is treated as soon as is practicable under the circumstances. Under this bill,
a person who commits an act of animal abuse is guilty of a Class H felony if the animal
abuse results in grievous bodily harm to or the death of the animal and is guilty of
a Class I felony if the person knows or reasonably should know that the animal abuse
may result in grievous bodily harm to or the death of an animal, regardless of
whether grievous bodily harm or death occurs.
Under current law, a court may order that a person who commits an act of
animal abuse may not own, possess, or train any animal or type or species of animal

for a period specified by the court, but not to exceed five years. Under the bill, the
court is required to enter such an order, including an order that the person may not
reside with any animal or type or species of animal. Under the bill, if the person is
convicted of a misdemeanor violation, the ordered period specified by the court may
be up to five years, and if the person is convicted of a felony violation, the ordered
period specified by the court may be up to fifteen years.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB368-ASA1,1 1Section 1. 951.01 (2) of the statutes is amended to read:
AB368-ASA1,2,32 951.01 (2) “Cruel" means causing or engaging in actions that are likely to cause
3unnecessary and excessive pain or suffering or unjustifiable injury or death.
AB368-ASA1,2 4Section 2 . 951.01 (3c) of the statutes is created to read:
AB368-ASA1,2,95 951.01 (3c) “Grievous bodily harm" means serious bodily injury, including
6fractured or dislocated bones, deep cuts, burns, torn members of the body, tissue
7damage as a result of exposure to cold temperatures, serious damage to internal
8organs, starvation, or other severe bodily injuries. In the case of farm animals,
9grievous bodily harm does not include normally acceptable husbandry practices.
AB368-ASA1,3 10Section 3. 951.02 of the statutes is amended to read:
AB368-ASA1,2,16 11951.02 Mistreating animals. No person may treat any animal, whether
12belonging to the person or another, in a cruel manner. This section does not prohibit
13normal and accepted veterinary practices. This section does not apply to an injury,
14or the care and treatment of that injury, sustained by a dog while training or hunting
15with dogs in the manner authorized under chapter 29 if the injury is cared for and
16treated as soon as is practicable under the circumstances.
AB368-ASA1,4 17Section 4. 951.18 (1) of the statutes is amended to read:
AB368-ASA1,3,1318 951.18 (1) Any person violating s. 951.02, 951.025, 951.03, 951.04, 951.05,
19951.06, 951.07, 951.09, 951.10, 951.11, 951.13, 951.14 or 951.15 is subject to a

1Class C forfeiture. Any person who violates any of these provisions within 3 years
2after a humane officer issues an abatement order under s. 173.11 prohibiting the
3violation of that provision is subject to a Class A forfeiture. Any person who
4intentionally or negligently violates any of those sections is guilty of a Class A
5misdemeanor. Any person who intentionally violates s. 951.02, resulting in the
6mutilation, disfigurement
grievous bodily harm to or the death of an animal, is guilty
7of a Class I H felony. Any person who intentionally violates s. 951.02 and who knows
8or reasonably should know that his or her actions may result in grievous bodily harm
9to or the death of an animal, regardless of whether grievous bodily harm or death
10occurs, is guilty of a Class I felony.
Any person who intentionally violates s. 951.02
11or 951.06, knowing that the animal that is the victim is used by a law enforcement
12agency to perform agency functions or duties and causing injury to the animal, is
13guilty of a Class I H felony.
AB368-ASA1,5 14Section 5. 951.18 (4) (c) of the statutes is amended to read:
AB368-ASA1,3,2215 951.18 (4) (c) Except as provided in s. 951.08 (2m), a A sentencing court may
16shall order that the criminal violator a person convicted of a misdemeanor violation
17may not own, possess, reside with, or train any animal or type or species of animal
18for a period specified by the court, but not to exceed 5 years, and a sentencing court
19shall order that a person convicted of a felony violation may not own, possess, reside
20with, or train any animal or type or species of animal for a period specified by the
21court, but not to exceed 15 years
. In computing the time period, time which the
22person spent in actual confinement serving a sentence shall be excluded.
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