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Wisconsin Legislature: SB238: Bill Text
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SB238: Bill Text
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2025 - 2026 LEGISLATURE
LRB-2887/1
MJW:cdc
2025 SENATE BILL 238
May 9, 2025 - Introduced by Senators
James
and
Wanggaard
, cosponsored by Representatives
Green
,
Andraca
,
Behnke
,
Dittrich
,
Gundrum
,
Mursau
,
Nedweski
,
Novak
,
O'Connor
,
Piwowarczyk
and
Subeck
. Referred to Committee on Judiciary and Public Safety.
SB238,1,3
1
An Act
to amend
951.095 (title), 951.095 (1) (intro.), 951.095 (2) (b) and 951.18
2
(2m);
to create
951.01 (4s) of the statutes;
relating to:
harassment of search
3
and rescue dogs and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, no person may do any of the following to any animal that is used by a law enforcement agency or fire department to perform agency or department functions or duties: frighten, intimidate, threaten, abuse or harass the animal; strike, shove, kick or otherwise subject the animal to physical contact; or strike the animal by using a dangerous weapon. Under current law, any person who does any of those actions is subject to a Class B forfeiture, or, if the person knows the animal is a police or fire dog, is guilty of a Class A misdemeanor. Any person who intentionally does any of those actions and causes injury to the animal is guilty of a Class I felony, and any person who intentionally does any of those actions and causes death of the animal is guilty of a Class H felony. Additionally, for such a violation, a sentencing court must require a criminal violator to pay restitution, including veterinary care expenses or the value of a replacement animal.
This bill expands this prohibition to include search and rescue dogs in addition to animals that are used by a law enforcement agency or fire department to perform agency or department functions or duties. Under the bill, “search and rescue dog” means a dog that has been trained or is being trained by a state or nationally recognized search and rescue agency to locate lost or missing individuals and victims of disasters in search and rescue activities.
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.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB238,1
1
Section
1
.
951.01 (4s) of the statutes is created to read:
SB238,2,4
2
951.01
(4s)
“Search and rescue dog” means a dog that has been trained or is
3
being trained by a state or nationally recognized search and rescue agency to locate
4
lost or missing individuals and victims of disasters in search and rescue activities.
SB238,2
5
Section
2
.
951.095 (title) of the statutes is amended to read:
SB238,2,7
6
951.095
(title)
Harassment of police and fire animals
and search and
7
rescue dogs
.
SB238,3
8
Section
3
.
951.095 (1) (intro.) of the statutes is amended to read:
SB238,2,11
9
951.095
(1)
(intro.) No person may do any of the following to any animal that
10
is used by a law enforcement agency or fire department to perform agency or
11
department functions or duties
or to a search and rescue dog
:
SB238,4
12
Section
4
.
951.095 (2) (b) of the statutes is amended to read:
SB238,2,15
13
951.095
(2)
(b) Any act that is necessary for the training of an animal to
14
perform functions or duties for a law enforcement agency
, fire department, or state
15
or nationally recognized search and rescue agency
.
SB238,5
16
Section
5
.
951.18 (2m) of the statutes is amended to read:
SB238,3,11
17
951.18
(2m)
Any person who violates s. 951.095 is subject to a Class B
18
forfeiture. Any person who intentionally or negligently violates s. 951.095, knowing
1
that the animal that is the victim is used by a law enforcement agency or fire
2
department to perform agency or department functions or duties
or that the animal
3
is a search and rescue dog
, is guilty of a Class A misdemeanor. Any person who
4
intentionally violates s. 951.095, knowing that the animal that is the victim is used
5
by a law enforcement agency or fire department to perform agency or department
6
functions or duties
or that the animal is a search and rescue dog
and causing injury
7
to the animal, is guilty of a Class I felony. Any person who intentionally violates s.
8
951.095, knowing that the animal that is the victim is used by a law enforcement
9
agency or fire department to perform agency or department functions or duties
or
10
that the animal is a search and rescue dog
and causing death to the animal, is
11
guilty of a Class H felony.
SB238,3,12
12
(end)
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