LRB-0098/1
BAB:kjf:nwn
2007 - 2008 LEGISLATURE
April 23, 2007 - Introduced by Senators Risser, Carpenter and Lassa, cosponsored
by Representatives Hines, Berceau, Travis, Musser, Sinicki, Albers,
Hraychuck and Hixson. Referred to Committee on Judiciary and Corrections.
SB162,1,4
1An Act to amend 813.12 (1) (am) (intro.) and 813.12 (1) (am) 6.; and
to create
2813.12 (1) (ab), 813.12 (1) (am) 4. and 813.12 (1) (f) of the statutes;
relating to:
3extending domestic abuse restraining orders and injunctions to include abuse
4to animals and threats of abuse to animals.
Analysis by the Legislative Reference Bureau
Under current law, "domestic abuse" is defined as actions by an adult family or
household member, an adult caregiver, an adult former spouse, an adult in a current
or former dating relationship, or an adult parent of a child in common with another
person intentionally to inflict physical pain, physical injury, or illness upon another
family or household member, intentionally to impair the physical condition of the
other person, to commit sexual assault on the other person, to commit criminal
damage to the property of the other person, or to threaten to commit any of those acts
against the other person. A victim of domestic abuse may petition the court to obtain
first a restraining order and then an injunction against the family or household
member who committed the domestic abuse.
This bill expands the definition of domestic abuse to include harm or threat of
harm to the animals owned by the petitioner, the respondent, either of their children,
or household members. It provides an exception for actions taken to animals for
legitimate and necessary agricultural or veterinary purposes.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB162, s. 1
1Section
1. 813.12 (1) (ab) of the statutes is created to read:
SB162,2,32
813.12
(1) (ab) "Abuser" means any of the following who commits domestic
3abuse against an adult victim:
SB162,2,44
1. An adult family member or adult household member of an adult victim.
SB162,2,55
2. An adult caregiver of an adult victim under the caregiver's care.
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3. An adult former spouse of an adult victim.
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4. An adult who has or had a dating relationship with an adult victim.
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5. An adult who has a child in common with an adult victim.
SB162, s. 2
9Section
2. 813.12 (1) (am) (intro.) of the statutes is amended to read:
SB162,2,1610
813.12
(1) (am) (intro.) "Domestic abuse" means any of the following engaged
11in by an adult
family member or adult household member
abuser against
another
12adult family member or adult household member, by an adult caregiver against an
13adult who is under the caregiver's care, by an adult against his or her adult former
14spouse, by an adult against an adult with whom the individual has or had a dating
15relationship, or by an adult against an adult with whom the person has a child in
16common an adult victim:
SB162, s. 3
17Section
3. 813.12 (1) (am) 4. of the statutes is created to read:
SB162,2,2018
813.12
(1) (am) 4. Other than for any legitimate and necessary agricultural or
19veterinary purpose, any treatment to any of the following animals that would result
20in penalties under s. 951.18:
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1a. An animal that is owned by or in the care, control, or custody of any abuser
2or victim, wherever located.
SB162,3,43
b. An animal that is owned by or in the care, control, or custody of the child of
4any abuser or victim, wherever located.
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c. An animal that is owned by or in the care, control, or custody of any member
6of the household of any abuser or victim, wherever located.
SB162, s. 4
7Section
4. 813.12 (1) (am) 6. of the statutes is amended to read:
SB162,3,98
813.12
(1) (am) 6. A threat to engage in the conduct under subd. 1., 2., 3.,
4., 9or 5.
SB162, s. 5
10Section
5. 813.12 (1) (f) of the statutes is created to read:
SB162,3,1211
813.12
(1) (f) "Victim" means any of the following who has been the recipient
12of domestic abuse by an adult abuser:
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1. An adult family member or adult household member of an adult abuser.
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2. An adult under the care of an adult abuser who is the adult victim's caregiver.
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3. An adult former spouse of an adult abuser.
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4. An adult who has or had a dating relationship with an adult abuser.
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5. An adult who has a child in common with an adult abuser.
SB162,3,2019
(1) This act first applies to domestic abuse restraining order petitions filed on
20the effective date of this act.
