[Cagdu] FW: ] Wisconsin law: Harassment of Service Animals

tina thomas tinadt at sbcglobal.net
Sun Nov 8 20:18:18 PST 2009 

Subject: [K9Scoop] Wisconsin law: Harassment of Service Animals


  



Date of enactment: April 19, 2006 
2005 Senate Bill 181 Date of publication*: May 2, 2006 
2005 WISCONSIN ACT 353
AN ACT to renumber and amend 951.18 (4) (a) 1.; to amend 951.18 (4) (a) 2.;
and to create 951.01 (5), 951.097, 
951.18 (2s), 951.18 (4) (a) 1. a., 951.18 (4) (a) 1. b., 951.18 (4) (a) 1.
c., 951.18 (4) (a) 1. d., 951.18 (4) (a) 1. e. and 951.18 (4) (a) 1. f. of
the statutes; relating to: interfering with the use of, causing injury to,
causing the death of, or 
the theft of a service dog and restitution for offenses relating to service,
police, and fire animals and providing penalties. 
The people of the state of Wisconsin, represented in 
senate and assembly, do enact as follows: 
SECTION 1. 951.01 (5) of the statutes is created to 
read: 
951.01 (5) "Service dog" means a dog that is trained 
for the purpose of assisting a person with a sensory, mental, or physical
disability or accommodating such a disability. SECTION 2. 951.097 of the
statutes is created to read: 
951.097 Harassment of service dogs. (1) (a) Any 
person may provide notice to another person in any manner that the latter
person's behavior is interfering with the 
use of a service dog and may request that the latter person 
stop engaging in that behavior. (b) No person, after receiving a notice and
request 
under par. (a) regarding a service dog, may do any of the 
following: 1. Recklessly interfere with the use of the service dog 
by obstructing or intimidating it or otherwise jeopardizing its safety or
the safety of its user. 2. Intentionally interfere with the use of the
service 
dog by obstructing or intimidating it or otherwise jeopardizing its safety
or the safety of its user. (2) (a) No person may recklessly allow his or her
dog 
to interfere with the use of a service dog by obstructing 
or intimidating it or otherwise jeopardizing its safety or 
the safety of its user. (b) No person may intentionally allow his or her dog

to interfere with the use of a service dog by obstructing 
or intimidating it or otherwise jeopardizing its safety or 
the safety of its user. (3) (a) No person may recklessly injure a service
dog 
or recklessly allow his or her dog to injure a service dog. (b) No person
may intentionally injure a service dog 
or intentionally allow his or her dog to injure a service 
dog. (4) (a) No person may recklessly cause the death of 
a service dog. (b) No person may intentionally cause the death of a 
service dog. (5) No person may take possession of or exert control 
over a service dog without the consent of its owner or user 
and with the intent to deprive another of the use of the service dog.
SECTION 3. 951.18 (2s) of the statutes is created to 
read: 
* Section 991.11, WISCONSIN STATUTES 2003-04 : Effective date of acts.
"Every act and every portion of an act enacted by the legislature over 
the governor's partial veto which does not expressly prescribe the time when
it takes effect shall take effect on the day after its date of publication 
as designated" by the secretary of state [the date of publication may not be
more than 10 working days after the date of enactment]. 2005 Wisconsin Act
353
951.18 (2s) Any person who violates s. 951.097 (1) (b) 1. or (2) (a),
knowing that the dog that is the victim is 
a service dog, is guilty of a Class B misdemeanor. Any 
person who violates s. 951.097 (1) (b) 2., (2) (b), or (3) 
(a), knowing that the dog that is the victim is a service 
dog, is guilty of a Class A misdemeanor. Any person who 
violates s. 951.097 (3) (b) or (4) (a), knowing that the dog 
that is the victim is a service dog, is guilty of a Class I felony. Any
person who violates s. 951.097 (4) (b) or (5), 
knowing that the dog that is the victim is a service dog, 
is guilty of a Class H felony. SECTION 4. 951.18 (4) (a) 1. of the statutes
is renumbered 951.18 (4) (a) 1. (intro.) and amended to read: 
951.18 (4) (a) 1. (intro.) In this paragraph, "pecuniary 
loss" has the meaning described in s. 943.245 (1). means 
any of the following: SECTION 5. 951.18 (4) (a) 1. a. of the statutes is 
created to read: 
951.18 (4) (a) 1. a. All special damages, but not general damages, including
the money equivalent of loss 
resulting from property taken, destroyed, broken, or 
otherwise harmed and out-of-pocket losses, such as 
medical expenses. SECTION 6. 951.18 (4) (a) 1. b. of the statutes is 
created to read: 
951.18 (4) (a) 1. b. Reasonable out-of-pocket 
expenses incurred by the victim resulting from the filing 
of charges or cooperating in the investigation and prosecution of an offense
under this chapter. SECTION 7. 951.18 (4) (a) 1. c. of the statutes is 
created to read: 
951.18 (4) (a) 1. c. Expenses in keeping any animal 
that is involved in the crime. SECTION 8. 951.18 (4) (a) 1. d. of the
statutes is 
created to read: 
- 2 - 2005 Senate Bill 181 
951.18 (4) (a) 1. d. In a case under s. 951.095 or 
951.097, the value of a replacement animal, if the 
affected animal is incapacitated or dead; the cost of training a replacement
animal; or the cost of retraining the 
affected animal. The court shall base any determination 
of the value of a replacement service dog on the value of 
the service dog to the user and not on its cost or fair market value.
SECTION 9. 951.18 (4) (a) 1. e. of the statutes is 
created to read: 
951.18 (4) (a) 1. e. In a case under s. 951.095 or 
951.097, all related veterinary and care expenses. SECTION 10. 951.18 (4)
(a) 1. f. of the statutes is 
created to read: 
951.18 (4) (a) 1. f. In a case under s. 951.095 or 
951.097, the medical expenses of the animal's user, the 
cost of training the animal's user, and compensation for 
income lost by the animal's user. SECTION 11. 951.18 (4) (a) 2. of the
statutes is 
amended to read: 
951.18 (4) (a) 2. A sentencing court shall require a 
criminal violator to pay restitution to a person, including 
any local humane officer or society or county or municipal pound or a law
enforcement officer or conservation 
warden, for any pecuniary loss suffered by the person as 
a result of the crime, including expenses in keeping any 
animal that is involved in the crime. This requirement 
applies regardless of whether the criminal violator is 
placed on probation under s. 973.09. If restitution is 
ordered, the court shall consider the financial resources 
and future ability of the criminal violator to pay and shall 
determine the method of payment. Upon the application 
of any interested party, the court shall schedule and hold 
an evidentiary hearing to determine the value of any 
pecuniary loss under this paragraph.

[Non-text portions of this message have been removed]



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