Wisconsin Legislature: SB319,2

SB319,1,10 1An Act to repeal 173.12 (1m) to (3), 173.13 (1) (a) 7., 173.24 (1) and 951.18 (4)
2(b) 2.; to renumber 173.12 (1) and 173.17; to renumber and amend 173.22
3(2), 173.23 (3) (c) and 951.18 (4) (b) 1.; to amend 173.12 (title), 173.13 (1) (a) 8.,
4173.15 (2) (b), 173.21 (1) (a), 173.21 (4), 173.22 (1), 173.22 (3) (a) 1., 173.23 (2),
5173.23 (3) (a), 173.23 (3) (d), 173.23 (3) (e), 173.23 (5) (b) and (c), 173.23 (6),
6173.24 (3), 174.13 (3), 968.19, 968.20 (1) (intro.) and 968.20 (2); and to create
7173.01 (4), 173.17 (2), 173.22 (2) (b), 173.23 (1) (e), 173.23 (3) (a) 2m., 173.23 (3)
8(a) 4., 173.23 (3) (c) 2., 173.23 (3) (dm), 173.23 (3) (f), 173.23 (3) (g), 173.23 (3)
9(h), 173.23 (3) (i) and 951.17 of the statutes; relating to: animals taken into
10custody.

Analysis by the Legislative Reference Bureau

This bill changes the laws related to animals that are taken into custody on
behalf of a city, village, town, or county (political subdivision).

Seizure and withholding of animals

Current law authorizes a humane officer or law enforcement officer to take
custody of an animal on behalf of a political subdivision for a number of reasons,

including that the animal is a stray or that the humane officer or law enforcement
officer has reasonable grounds to believe that the animal has been involved in animal
fighting or has been mistreated in violation of state law. Under current law, a
political subdivision may contract with another person (contractor), such as a
humane society, to provide custody and care of animals taken into custody on behalf
of the political subdivision.

Under current law, an animal taken into custody must generally be returned
to its owner if the owner provides reasonable evidence of ownership, provides for any
required licensure and vaccination of the animal, and pays the costs of custody and
care of the animal. Under this bill, an owner who wishes to obtain the return of an
animal in custody must also arrange to have a microchip implanted in the animal for
identification.

Current law authorizes a political subdivision to withhold an animal from its
owner if there are reasonable grounds to believe that the owner has mistreated the
animal in violation of state law; there are reasonable grounds to believe that the
animal poses a significant threat to public health, safety, or welfare; the animal may
be used as evidence in a pending prosecution; or a court has ordered the animal
withheld for any reason.

If an animal is taken into custody because the animal is alleged to have been
involved in fighting, current law requires the animal to be kept in custody pending
the resolution of criminal charges relating to the alleged animal fighting. This bill
eliminates the provision requiring an animal alleged to have been involved in
fighting to be maintained in custody pending the outcome of the charges. Under this
bill, the provisions relating to an animal in custody that is believed to have been
involved in animal fighting are the same as those relating to an animal believed to
have been mistreated in violation of state law.

Current law provides that if the owner of an animal is convicted of involvement
in animal fighting, the animal is one year old or older, and the animal shows
indication of having been involved in fighting, the animal must be euthanized. This
bill eliminates that provision.

Petitions seeking return of animals in custody

Under current law, a person claiming that an animal that he or she owns was
improperly taken into custody or withheld by or on behalf of a political subdivision
may petition a court to order the return of the animal. The court must order the
animal returned to the owner unless the court makes one of several specified
determinations. One basis for denying a petition is that there are reasonable
grounds to believe that the owner has mistreated the animal in violation of state law.

Under this bill, the owner of an animal must file a petition for return of the
animal no later than the seventh day after the day on which the animal was taken
into custody. The bill requires the owner to serve a copy of the petition on the
contractor with custody of the animal as well as on the political subdivision. This bill
generally requires the court to hold a hearing on the issue of whether the animal was
improperly taken into custody or withheld within 10 days of the filing of the petition.

Other petitions concerning animals in custody

Under current law, a political subdivision may petition a court for an order with
respect to an animal taken into custody or withheld from the owner. The political
subdivision must notify the owner of the animal when it files a petition. In a petition,
a political subdivision may ask the court to provide for payment for the custody and
care for the animal, to require the owner to post bond for the costs of custody and care
for the animal pending the outcome of another court proceeding (such as a criminal
case related to the animal), or to authorize the sale, destruction, or other disposal of
the animal. The court may grant, modify, or deny petitioned-for relief, after
considering the interests of the animal, the owner of the animal, the political
subdivision, and the public. If an owner does not comply with an order directed to
the owner, the animal is treated as an unclaimed animal, which means that the
entity with custody of the animal may dispose of the animal by, for example, releasing
it to another person.

This bill allows a contractor with custody of an animal, in addition to a political
subdivision, to petition a court for an order with respect to the animal. The bill
requires the contractor to notify the owner and the political subdivision when it
petitions the court for an order with respect to the animal and to notify the district
attorney if it is alleged that the animal was mistreated in violation of state law or was
involved in animal fighting. The bill requires a political subdivision to notify a
contractor with custody of an animal, in addition to the owner, when it petitions a
court for an order with respect to the animal and to notify the district attorney if it
is alleged that the animal was mistreated in violation of state law or was involved
in animal fighting.

The bill authorizes a political subdivision or contractor that petitions the court
for an order with respect to an animal to ask the court to require the owner of the
animal to pay funds into the court for the costs of custody and care for the animal
pending the outcome of another court proceeding. If the court requires the owner of
the animal to pay funds into the court, funds must be periodically disbursed to the
person with custody to cover the person's reasonable costs. If the owner does not
comply with an order, the animal is treated as an unclaimed animal. The bill also
authorizes a political subdivision or contractor to petition a court to release an
animal to its owner pending the outcome of another court proceeding, but only if the
owner is not alleged to have mistreated the animal in violation of state law or to have
violated the law prohibiting animal fighting and only if other specified conditions are
satisfied.

The bill generally requires the court to hold a hearing on a petition filed by a
political subdivision or contractor within 10 days of the filing of the petition.

Order by criminal court

Under this bill, if there is a case charging mistreatment of an animal in
violation of state law or violation of the laws relating to animal fighting and an
animal allegedly involved in the violation is in custody under the civil laws described
above, the defendant or the district attorney may request the criminal court to order
that the animal be retained in custody for a period that is reasonable to allow the
collection of evidence relating to the animal. The bill requires the criminal court to

provide a copy of such an order to the person with custody of the animal and to any
court in which a case is pending under the civil laws described above.

The bill requires a person with custody of an animal and any court in which a
case is pending under the civil laws described above to ensure that the animal
remains in custody until the end of the period specified in the criminal court's order.
The ultimate disposition of the animal after the period specified in the order is
determined under the civil laws described above.

For further information see the 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:

SB319,1 1Section 1. 173.01 (4) of the statutes is created to read:

SB319,4,42 173.01 (4) "Reasonable grounds to believe" means a set of facts and
3circumstances that in their entirety are sufficient to justify a reasonable person's
4belief.

SB319,2 5Section 2. 173.12 (title) of the statutes is amended to read:

SB319,4,6 6173.12 (title) Animal fighting; seizure reporting.

SB319,3 7Section 3. 173.12 (1) of the statutes is renumbered 173.12.

SB319,4 8Section 4. 173.12 (1m) to (3) of the statutes are repealed.

SB319,5 9Section 5. 173.13 (1) (a) 7. of the statutes is repealed.

SB319,6 10Section 6. 173.13 (1) (a) 8. of the statutes is amended to read:

SB319,4,1211 173.13 (1) (a) 8. An animal mistreated in violation of ch. 951 or involved in a
12violation of s. 951.08.

SB319,7 13Section 7. 173.15 (2) (b) of the statutes is amended to read:

SB319,4,1414 173.15 (2) (b) Maintain adequate records consistent with s. 173.17 (1).

SB319,8 15Section 8. 173.17 of the statutes is renumbered 173.17 (1).

SB319,9 16Section 9. 173.17 (2) of the statutes is created to read:

SB319,5,4

1173.17 (2) A humane officer, law enforcement officer, political subdivision, or
2person contracting under s. 173.15 (1) is not required to disclose information
3concerning a person into whose custody an animal was ultimately released unless
4ordered to do so by a court.

SB319,10 5Section 10. 173.21 (1) (a) of the statutes is amended to read:

SB319,5,76 173.21 (1) (a) There are reasonable grounds to believe that the owner has
7mistreated the animal in violation of ch. 951 or has violated s. 951.08.

SB319,11 8Section 11. 173.21 (4) of the statutes is amended to read:

SB319,5,139 173.21 (4) Return. A political subdivision or person contracting under s.
10173.15 (1) having custody of an animal withheld under sub. (1) shall release the
11animal to the owner at the direction of the humane officer or law enforcement officer
12that took custody of the animal if the requirements of s. 173.23 (1) (a) to (c) and (e)
13are satisfied.

SB319,12 14Section 12. 173.22 (1) of the statutes is amended to read:

SB319,5,2115 173.22 (1) Petition. A person claiming that an animal that he or she owns was
16improperly taken into custody under s. 173.13 (1) (a) 3., 4., 5., 6., or 8. or is wrongfully
17withheld under s. 173.21 (1) may seek return of the animal by petitioning, no later
18than the 7th day after the day on which the animal was taken into custody or the day
19the person received notice that the animal was being withheld, for an order from the
20circuit court for the county in which the animal was taken into custody or in which
21it is held.

SB319,13 22Section 13. 173.22 (2) of the statutes is renumbered 173.22 (2) (a) and
23amended to read:

SB319,6,624 173.22 (2) (a) The court A person who files a petition under sub. (1) shall
25provide notice of a serve a copy of the petition under sub. (1) to, in the manner

1provided in s. 801.11, upon the humane officer or law enforcement officer who took
2the animal into custody or to on the political subdivision that withheld the animal
3and if a person contracting under s. 173.15 (1) has custody of the animal, on that
4person. The court shall hold a hearing on the issue of whether the animal was
5improperly taken into custody or is wrongfully withheld within 10 days of the filing
6of the petition, except as provided in par. (b).

SB319,14 7Section 14. 173.22 (2) (b) of the statutes is created to read:

SB319,6,138 173.22 (2) (b) Upon a showing of good cause by the political subdivision, the
9person contracting under s. 173.15 (1), or the owner of the animal, the court may
10extend the date for a hearing under par. (a) beyond 10 days after the filing of the
11petition. In determining whether to extend the date for a hearing, the court shall
12consider how delaying the hearing will affect the health, safety, and welfare of the
13animal.

SB319,15 14Section 15. 173.22 (3) (a) 1. of the statutes is amended to read:

SB319,6,1615 173.22 (3) (a) 1. There are reasonable grounds to believe that the owner has
16mistreated the animal in violation of ch. 951 or has violated s. 951.08.

SB319,16 17Section 16. 173.23 (1) (e) of the statutes is created to read:

SB319,6,1918 173.23 (1) (e) The animal has an implanted microchip for identification or
19assurance of implantation of a microchip for identification is given by prepayment.

SB319,17 20Section 17. 173.23 (2) of the statutes is amended to read:

SB319,6,2521 173.23 (2) Animals not returned to owner. If an animal in the custody of a
22political subdivision, other than an animal to which sub. (1m) applies, is not returned
23to the owner under sub. (1) or (5) (b) or s. 173.12 (2), 173.21 (4) or 173.22 or disposed
24of under sub. (4) or (5) (a) or s. 173.12 (3), it shall be disposed of under a court order
25under sub. (3) or s. 951.18 (4).

SB319,18

1Section 18. 173.23 (3) (a) of the statutes is amended to read:

SB319,7,52 173.23 (3) (a) A political subdivision or person contracting under s. 173.15 (1)
3may petition the circuit court for an order doing any of the following with respect to
4an animal taken into custody by a law enforcement officer or a humane officer or
5withheld under s. 173.21 (1):

SB319,7,76 1. Providing for payment, directly to the person with custody, for the custody,
7care, or treatment of the animal.

SB319,7,108 2. Requiring the owner of the animal to post bond or other security for the
9anticipated costs of custody, care, or treatment of the animal pending the outcome
10of any other proceeding, as provided in par. (g).

SB319,7,1111 3. Authorizing the sale, destruction, or other disposal of the animal.

SB319,19 12Section 19. 173.23 (3) (a) 2m. of the statutes is created to read:

SB319,7,1513 173.23 (3) (a) 2m. Requiring the owner of the animal to pay funds into the court
14for the costs of custody, care, or treatment of an animal pending the outcome of any
15other proceeding, as provided in par. (h).

SB319,20 16Section 20. 173.23 (3) (a) 4. of the statutes is created to read:

SB319,7,2017 173.23 (3) (a) 4. If the owner of the animal is not alleged to have mistreated the
18animal in violation of ch. 951 or to have violated s. 951.08, releasing the animal to
19the owner of the animal as provided in par. (f) pending the outcome of any other
20proceeding.

SB319,21 21Section 21. 173.23 (3) (c) of the statutes is renumbered 173.23 (3) (c) 1. and
22amended to read:

SB319,8,423 173.23 (3) (c) 1. The A political subdivision that files a petition under par. (a)
24shall serve a copy of the petition, in the manner provided in s. 801.11, upon the owner
25of the animal, if known; if a person contracting under s. 173.15 (1) has custody of the

1animal, upon that person; and, if the animal was taken into custody under s. 173.13
2(1) (a) 8. or was withheld under s. 173.21 (1) (a) or (c), upon the district attorney and
3the person alleged to have committed a violation relating to the animal if that person
4is not the owner.

SB319,22 5Section 22. 173.23 (3) (c) 2. of the statutes is created to read:

SB319,8,126 173.23 (3) (c) 2. A person contracting under s. 173.15 (1) who files a petition
7under par. (a) shall serve a copy of the petition, in the manner provided in s. 801.11,
8upon the owner of the animal, if known; upon the political subdivision with which
9the person contracts under s. 173.15 (1); and, if the animal was taken into custody
10under s. 173.13 (1) (a) 8. or was withheld under s. 173.21 (1) (a) or (c), upon the district
11attorney and the person alleged to have committed a violation relating to the animal
12if that person is not the owner.

SB319,23 13Section 23. 173.23 (3) (d) of the statutes is amended to read:

SB319,8,1614 173.23 (3) (d) The court shall conduct a hearing on the petition within 10 days
15of the filing of the petition, except as provided under par. (dm). The petitioner and
16any person upon whom a copy of the petition was served may appear as a party.

SB319,24 17Section 24. 173.23 (3) (dm) of the statutes is created to read:

SB319,8,2218 173.23 (3) (dm) If the petitioned-for relief includes the sale, destruction, or
19other disposal of the animal, the owner of the animal may petition the court for a
20delay of the hearing for not more than 20 days, conditioned on the owner posting bond
21or other security or paying funds into the court to cover the anticipated reasonable
22costs of custody, care, and treatment of the animal.

SB319,25 23Section 25. 173.23 (3) (e) of the statutes is amended to read:

SB319,9,324 173.23 (3) (e) The court shall issue its order after hearing and may grant,
25modify and grant, or deny the petitioned-for relief, after considering the interests of

1the animal, the owner of the animal, the political subdivision , and the public. If an
2order was issued under s. 951.17 (1) with respect to the animal, the court shall ensure
3that the animal remains in custody until the end of the period specified in the order.

SB319,26 4Section 26. 173.23 (3) (f) of the statutes is created to read:

SB319,9,105 173.23 (3) (f) 1. The court may release an animal that was taken into custody
6under 173.13 (1) (a) 8. or was withheld under s. 173.21 (1) (a) or (c) to the owner of
7the animal, if the owner of the animal is not alleged to have mistreated the animal
8in violation of ch. 951 or to have violated s. 951.08, and order the owner to provide
9necessary shelter, care, and treatment, including any necessary veterinary care, to
10the animal at a specified location pending the outcome of any other proceeding.

SB319,9,1611 2. If a court makes an order under subd. 1., it may order the political subdivision
12that withheld the animal under s. 173.21 (1) or on behalf of which the animal was
13taken into custody to have a humane officer or law enforcement officer make regular
14visits to the location at which the animal is kept to determine whether the animal
15is receiving necessary care and treatment and to remove the animal to another
16location if the animal is not receiving necessary care and treatment.

SB319,9,2517 3. If a court makes an order under subd. 1., it shall order the owner of the
18animal to have a microchip implanted in the animal for identification; order the
19owner to provide proof of any licensure required by statute or ordinance or to provide
20assurance of licensure by prepayment; order the owner to provide proof of any
21vaccination required by statute or ordinance or to provide assurance of vaccination
22by prepayment; and order the owner to pay the costs incurred by the political
23subdivision or person contracting under s. 173.15 (1) for shelter, care, and treatment
24of the animal before the release of the animal to the owner unless the person who
25incurred the costs waives the payment requirement.

SB319,27

1Section 27. 173.23 (3) (g) of the statutes is created to read:

SB319,10,42 173.23 (3) (g) If a court orders the owner of an animal to post bond or other
3security for the costs of custody, care, or treatment of an animal pending the outcome
4of any other proceeding, the court shall do all of the following:

SB319,10,65 1. Order the owner to post bond or other security in the amount necessary to
6cover the reasonable costs of caring for the animal for a period specified by the court.

SB319,10,117 2. Order that if the other proceeding remains pending and the animal remains
8in custody, the owner shall post additional bond or other security, at least 10 days
9before the expiration of a period under subd. 1. or under this subdivision, in the
10amount necessary to cover the reasonable costs of caring for the animal for an
11additional period specified by the court.

SB319,28 12Section 28. 173.23 (3) (h) of the statutes is created to read:

SB319,10,1513 173.23 (3) (h) If a court orders the owner of an animal to pay funds into the court
14for the costs of custody, care, or treatment of an animal pending the outcome of any
15other proceeding, the court shall do all of the following:

SB319,10,1716 1. Order the owner to pay into the court the amount necessary to cover the
17reasonable costs of caring for the animal for a period specified by the court.

SB319,10,2218 2. Order that if the other proceeding remains pending and the animal remains
19in custody, the owner shall pay into the court, at least 10 days before the expiration
20of a period under subd. 1. or under this subdivision, the amount necessary to cover
21the reasonable costs of caring for the animal for an additional period specified by the
22court.

SB319,10,2523 3. Require the funds to be periodically disbursed to the person with custody of
24the animal to cover the reasonable costs of providing custody, care, or treatment for
25the animal.