SB 366 — Relating to: grievous bodily harm to or the death of an animal and providing a penalty.

- 2022 LEGISLATURE LRBs0215/1LRB-2546/1 MLJ:cjsMLJ:ekg&cjs SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 366 SeptemberMay 14,25, 2021 - OfferedIntroduced by SenatorSenators W ANGGAARD ., ARPENTER , OWLES , ACQUE and S MITH, cosponsored by Representatives S PIROS, ARMSTRONG , BALDEH, B RANDTJEN, C ABRAL-G UEVARA, C ALLAHAN, D ITTRICH, DUCHOW , G UNDRUM , K ITCHENS, M ILRO, M OSES, PRONSCHINSKE , SCHRAA , SINICK, SKOWRONSKI , SNODGRASS , TEFFEN , USLER, ZIMMERMAN and E DMING.

AReferred N A CT to amendCommittee 951.01on (2),Judiciary 951.02, 951.18 (1) and 951.18Public (4)Safety. (c);

A N A CT to amend 951.02, 951.18 (1) and 951.18 (4) (c);

mistreatinggrievous bodily harm to or the death of an animal and providing a penalty.

Under this bill, the prohibition on animal abuse also does not applyprohibit to an injury sustained by a dog while training or hunting with dogs in the manner authorized by the Departmentdepartment of Naturalnatural Resourcesresources. or to the care and treatment of the injury if the injury is treated as soon as is practicable under the circumstances.

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 LRBs0215/1 - 2022 Legislature - 2 - MLJ:cjs for a period specified by the court, but not to exceed five years.

Under the bill, the court may enter such an order, including an order that the person may not reside with any animal or type or species of animal, if the person is requiredconvicted toof a misdemeanor - 2022 Legislature - 2 - LRB-2546/1 MLJ:ekg&cjs SENATE BILL 366 violation, and must enter such an order, including an order that the person may not reside with any animal or type or species of animal.animal, for a period of up to fifteen years if the person is convicted of a felony violation.

UnderBecause thethis bill,bill ifcreates thea personnew iscrime convictedor ofrevises a misdemeanorpenalty violation,for thean orderedexisting periodcrime, specified by the courtJoint mayReview beCommittee upon toCriminal fivePenalties years, and if the person is convicted of a felony violation, the ordered period specified by the court may be uprequested to fifteenprepare years.a report.

951.01 (2) of the statutes is amended to read:

951.01(2) “Cruel" means causing or engaging in actions that are likely to cause unnecessary and excessive pain or suffering or unjustifiable injury or death.

SECTION 2.

SECTION 3.2.

This section does not prohibit normal and accepted veterinary practices.practices or training or hunting with dogs in the manner authorized under ch.

This29. section does not apply to an injury, or the care and treatment of that injury, sustained by a dog while training or hunting with dogs in the manner authorized under chapter 29 if the injury is cared for and treated as soon as is practicable under the circumstances.

SECTION 4.3.

951.02, 951.025, 951.03, 951.04, 951.05, 951.06, 951.07, 951.09, 951.10, 951.11, 951.13, 951.14 or 951.15 is subject to a LRBs0215/1 - 2022 Legislature - 3 - MLJ:cjs SECTION 4 Class C forfeiture.

173.11 prohibiting the violation of that provision is subject to a Class A forfeituAnyforfeiture.Any person who intentionally or negligently violates any of those sections is guilty of a Class A misdemeanor.

951.02, resulting in the mutilation,LRB-2546/1 disfigurement- grievous2022 Legislature - 3 - MLJ:ekg&cjs SECTION 3 SENATE BILL 366 mutilation, disfigurementrievous bodily harm to or the death of an animal, is guilty of a Class Ifelony.I H felony.

951.02 or 951.06, knowing that the animal that is the victim is used by a law enforcement agency to perform agency functions or duties and causing injury to the animal, is guilty of a Class I H felony.

S ECTION 5.4.

951.18951.18(4) (4) (c) Except as provided in s.

951.08 (2m), antencinga sentencing court may shall order that the criminal violator a person convicted of a misdemeanor violation may not own, possess, reside with, or train any animal or type or species of animal for a period specified by the court, but not to exceed 5 years, and a sentencing court shall order that a person convicted of a felony violation may not own, possess, reside with, or train any animal or type or species of animal for a period specified by the court, but not to exceed 15 years.