Bill Summary – FastDemocracy

- 2024 LEGISLATURE
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                      2023 SENATE BILL 79
    February 21, 2023 - Introduced by Senator JACQUE, cosponsored by
        Representatives GUSTAFSON, BEHNKE, RETTINGER, SUBECK and WICHGERS.
        Referred to Committee on Judiciary and Public Safety.
 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.
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     SENATE BILL 79
           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 10 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 penalty 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:
      SECTION 1. 173.29 of the statutes is created to read:
      173.29 Vicious dogs. (1) DEFINITION. In this section, “serious physical injury"
 means physical injury to a person or domesticated pet 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.
      (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
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     SENATE BILL 79                                                               SECTION 1
 investigation. The written order shall include a description of s. 941.293 and of the
 right to an appeal under ch. 68.
      (3) STANDARDS. The humane officer or law enforcement officer may determine
 that a dog is vicious if one of the following applies:
      (a) The dog, without justification, attacked a person or domesticated pet and
 caused serious physical injury or death.
      (b) The dog has done any of the following on at least 2 occasions, without
 justification:
      1. Bitten a person or domesticated pet without causing serious physical injury
 or death.
      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 or
 domesticated pet.
      (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:
      (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.
      (b) A person or domesticated pet 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.
      (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.
      SECTION 2. 938.3416 of the statutes is created to read:
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     SENATE BILL 79                                                                  SECTION 2
      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.
      SECTION 3. 941.293 of the statutes is created to read:
      941.293 Possession of certain dogs. (1) DEFINITIONS. In this section:
      (a) “Confinement term" means a period during which a person is incarcerated
 in prison.
      (b) “Serious felony" means a felony under s. 940.01, 940.02, 940.03, 940.05,
 940.19 (2), (4), or (5), 940.225 (1) or (2), 940.31, 943.02, 943.10 (2), 943.23 (1g), 943.32
 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (3) (a), 948.05,
 948.08, or 948.30 (2) or a felony violation of ch. 961.
      (c) “Vicious dog" means a dog that is determined to be vicious under s. 173.29.
      (2) PROHIBITION. A person may not possess, control, or reside with a vicious dog
 if any of the following applies:
      (a) 1. He or she has been convicted of a serious felony in this state and was
 serving a confinement term for that conviction within the preceding 10 years.
      2. He or she has been convicted of a crime elsewhere that would be a serious
 felony if committed in this state and was serving a confinement term for that
 conviction within the preceding 10 years.
      (b) 1. He or she has been convicted of a serious felony in this state within the
 preceding 10 years.
      2. Within the preceding 10 years, he or she has been convicted of a crime
 elsewhere that would be a serious felony if committed in this state.
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     SENATE BILL 79                                                              SECTION 3
      (c) 1. He or she is on extended supervision as part of a sentence following a
 conviction for a serious felony or is on parole or probation following a conviction for
 a serious felony.
      2. He or she is on a supervised status following a conviction for a crime
 elsewhere that would be a serious felony if committed in this state.
      (d) He or she has been adjudicated delinquent within the preceding 10 years
 for an act that if committed by an adult in this state would be a serious felony.
      (e) He or she has been found not guilty within the preceding 10 years of a
 serious felony, or of a crime elsewhere that would be a serious felony if committed in
 this state, by reason of insanity or mental disease, defect, or illness.
      (3) PENALTIES. (a) Except as provided in pars. (b) and (c), whoever violates sub.
 (2) is guilty of a Class A misdemeanor.
      (b) Whoever violates sub. (2) is guilty of a Class I felony if an individual or an
 animal suffers great bodily harm or death as a result of the violation.
      (c) Whoever violates sub. (2) is guilty of a Class H felony if an individual suffers
 great bodily harm or death as a result of the violation and the actor knowingly
 allowed the dog to run loose or failed to take steps to keep the dog in an enclosure or
 under control.
      (4) APPLICABILITY. (a) This section does not apply to any person specified in sub.
 (2) who has received a pardon with respect to the serious felony.
      (b) Subsection (2) does not apply to a person if any of the following applies:
      1. Not more than 5 days have elapsed since the person received a written order
 under s. 173.29 declaring the dog vicious.
      2. An appeal is pending under ch. 68.
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     SENATE BILL 79                                                               SECTION 3
      (5) REQUEST FOR EXEMPTION. (a) A person may request an exemption from the
 prohibition under sub. (2) by filing a written motion in the circuit court for the county
 in which the person will possess, control, or reside with the vicious dog.
      (b) A person who files a motion under par. (a) shall send a copy of the motion
 to the district attorney for the county in which the motion is filed. The district
 attorney shall make a reasonable attempt to contact the county sheriff and, if
 applicable, the chief of police of a city, village, or town in the county for the purpose
 of informing the sheriff and the chief of police that the person has made a request for
 an exemption and to solicit from the sheriff and chief of police any information that
 may be relevant to the criteria specified in par. (c) 1. and 2.
      (c) A court shall grant a request under par. (a) if all of the following apply:
      1. The person has a reasonable need to possess, control, or reside with a vicious
 dog to earn a livelihood or as a condition of employment.
      2. Exempting the person from the prohibition under sub. (2) will not endanger
 public safety.
      (6) SURRENDER OF VICIOUS DOG. A court that sentences a person who is convicted
 of violating sub. (2) may order that the vicious dog that is involved in the violation
 be delivered to the local humane officer or society, to the county or municipal pound,
 or to a law enforcement officer if the court considers the order to be reasonable and
 appropriate. The society, pound, or officer shall, in accordance with s. 173.23 (1m),
 release the vicious dog to a person other than a person under sub. (2) or dispose of
 the vicious dog in a proper and humane manner.
      SECTION 4. 971.17 (1i) of the statutes is created to read:
      971.17 (1i) NOTICE OF RESTRICTIONS ON POSSESSION OF A DOG. If the defendant
 under sub. (1) is found not guilty of a serious felony, as defined in s. 941.293 (1) (b),
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     SENATE BILL 79                                                               SECTION 4
 by reason of mental disease or defect, the court shall inform the defendant of the
 requirements and penalties under s. 941.293.
        SECTION 5. 973.0336 of the statutes is created to read:
        973.0336 Sentencing; restriction on possession of a dog. Whenever a
 court imposes a sentence or places a defendant on probation for a conviction for a
 serious felony, as defined in s. 941.293 (1) (b), the court shall inform the defendant
 of the requirements and penalties under s. 941.293.
        SECTION 6.0Initial applicability.
        (1) POSSESSION OF A DOG.
        (a) In this subsection, “serious felony" has the meaning given in s. 941.293 (1)
 (b).
        (b) The treatment of s. 941.293 first applies to the possession of a dog that
 occurs on the effective date of this paragraph, but does not preclude the counting of
 an act that was committed before the effective date of this paragraph for purposes
 of determining whether any of the following makes a person subject to s. 941.293:
        1. The person has been convicted of a serious felony in this state.
        2. The person has been convicted of a crime elsewhere that would be a serious
 felony if committed in this state.
        3. The person has been adjudicated delinquent for an act that if committed by
 an adult in this state would be a serious felony.
        4. The person has been found not guilty of a serious felony in this state by
 reason of mental disease or defect.
        5. The person has been found not guilty of or not responsible for a crime
 elsewhere by reason of insanity or mental disease, defect, or illness if the crime would
 be a serious felony in this state.
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    SENATE BILL 79                                                            SECTION 6
      (2) DETERMINATIONS    THAT A DOG IS VICIOUS.   The treatment of s. 173.29 first
 applies to incidents described under s. 173.29 (3) that occur on the effective date of
 this subsection.
                                      (END)