September 10, 2021 - Introduced by Representatives Spiros, Brandtjen, Callahan, Kuglitsch, Subeck and Tusler, cosponsored by Senator Jacque. Referred to Committee on Judiciary.

AB540,1,3 An Act to create 173.29, 938.3416, 941.293, 971.17 (1i) and 973.0336 of the statutes; relating to: possession of dogs by certain felony offenders and providing a penalty.

Analysis by the Legislative Reference Bureau

Current law imposes certain restrictions on felony offenders. A person is a felony offender if any of the following applies: 1) he or she has been found guilty of a felony; 2) he or she has been adjudicated delinquent as a juvenile for an act that would have been a felony if it had been committed by an adult; or 3) he or she has been found not guilty of a felony by reason of mental disease, defect, or illness.

This bill prohibits certain felony offenders from possessing, controlling, or residing with a vicious dog, as determined by a humane officer or a law enforcement officer using criteria specified in the bill. The prohibition applies to persons whose status as felony offenders is due to committing an act that is classified under the bill as a serious felony, which includes homicide, felony battery, sexual assault, and felonies involving controlled substances. A person who violates the prohibition may be fined up to $10,000 or imprisoned for up to nine months, or both. If a person violates the prohibition and a person or an animal suffers great bodily harm or death as a result, the person may be fined up to $10,000 or imprisoned for up to three years and six months, or both. If a person violates the prohibition and a person suffers great bodily harm or death as a result and the offender knowingly allowed the dog to run loose or failed to take steps to control the dog, the person may be fined up to $10,000 or imprisoned for up to six years, or both.

The prohibition applies to a person for as long as the person is on extended supervision, parole, or probation for committing the serious felony or for ten years following any of the following: 1) any period of incarceration imposed for the serious felony; 2) the conviction for the serious felony if the sentence does not include a period of incarceration; 3) the delinquency adjudication for the serious felony; or 4) the finding of not guilty of the serious felony by reason of insanity or mental disease, defect, or illness.

This bill allows a person to request an exemption from the prohibition if the exemption is reasonably needed to earn a livelihood or as a condition of employment and will not endanger public safety. A person seeking an exemption must file a motion in the circuit court for the county in which he or she will possess, control, or reside with the vicious dog. The person must provide a copy of the motion to the district attorney for that county, who must in turn make a reasonable attempt to contact local law enforcement agencies to inform them of the request and to solicit any information that may be relevant to whether the request should be granted.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

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:

AB540,1 Section 1 . 173.29 of the statutes is created to read:

AB540,2,5 173.29 Vicious dogs. (1) Definition. In this section, “serious physical injury" means physical injury that creates a substantial risk of death; that causes serious disfigurement, protracted impairment of health, or impairment of a bodily organ; or that necessitates plastic surgery.

AB540,3,2 (2) Determination. If a humane officer or law enforcement officer, after conducting an investigation, determines that a dog satisfies one of the standards under sub. (3), the humane officer or law enforcement officer may issue a written order to the owner or custodian of the dog declaring the dog to be vicious for purposes of s. 941.293. In the written order, the humane officer or law enforcement officer shall notify the owner or custodian of the dog of the incidents that are the basis for the investigation. The written order shall include a description of s. 941.293 and of the right to an appeal under ch. 68.

AB540,3,4 (3) Standards. The humane officer or law enforcement officer may determine that a dog is vicious if one of the following applies:

AB540,3,6 (a) The dog, without justification, attacked a person and caused serious physical injury or death.

AB540,3,8 (b) The dog has done any of the following on at least 2 occasions, without justification:

AB540,3,9 1. Bitten a person without causing serious physical injury or death.

AB540,3,11 2. Behaved in a manner that a reasonable person would believe posed a significant, imminent threat of serious physical injury or death to a person.

AB540,3,13 (4) Justification. The humane officer or law enforcement officer may not determine that a dog's actions are without justification if any of the following applies:

AB540,3,16 (a) A person threatened, bitten, or attacked by the dog was committing a crime against the owner or custodian of the dog or was committing a willful trespass or other tort upon property owned or occupied by the owner or custodian of the dog.

AB540,3,19 (b) A person threatened, bitten, or attacked by the dog was abusing, assaulting, or physically threatening the dog or its offspring or had previously abused, assaulted, or physically threatened the dog or its offspring.

AB540,3,22 (c) The dog was responding to pain or injury or was protecting itself, its offspring, another dog living on the same property, its owner or custodian, or a person living in the household of its owner or custodian.

AB540,2 Section 2 . 938.3416 of the statutes is created to read:

AB540,4,3 938.3416 Delinquency adjudication; restriction on possessing certain dogs. Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a serious felony, as defined in s. 941.293 (1) (b), the court shall inform the juvenile of the requirements and penalties under s. 941.293.

AB540,3 Section 3 . 941.293 of the statutes is created to read:

AB540,4,5 941.293 Possession of certain dogs. (1) Definitions. In this section: