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Wis Legis Briefs on Service Dogs

Wis Legis Briefs on Service Dogs

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Published by Lynx
Wis Legis Briefs on Service Dogs
Wis Legis Briefs on Service Dogs

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Published by: Lynx on Jun 29, 2007
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01/01/2013

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 Legislative Briefs
 from the Legislative Reference Bureau
Legislative Brief 06−8 June 2006
SERVICE ANIMALS
2005 Wisconsin Acts 353 and 354, passedby the legislature and signed by Governor JimDoyle on May 2, 2006, both concern the treat-ment of service animals and their owners inWisconsin. Act 353 makes it a crime to harassa service dog and provides penalties. Act 354amends the Wisconsin public accommoda-tions law to conform to the federal Americanswith Disabilities Act and provide for the fulland equal enjoyment of places of publicaccommodation by persons using or trainingservice animals.
2005 WISCONSIN ACT 353
Act 353 was introduced as 2005 Senate Bill181 by Senator Fred Risser and co-sponsoredby Representative Terese Berceau. It is knownas “Casey’s Law” in recognition of the unfor-tunate experience of a service dog and herowner. Casey, a boxer who assisted a womanwith impaired vision, was attacked by loosedogs three separate times during a walk. Herowner had no legal recourse to keep dogs frominterfering with Casey’s work.Act 353, Casey’s Law, creates new crimesrelated to the harassment of service dogs andrequires a person convicted of harassing a ser-vice dog to pay restitution for any pecuniaryloss, as defined in the act, suffered as a result of the crime. The act defines a “service dog” as adog that is trained for the purpose of assistinga person with a sensory, mental, or physicaldisability or accommodating such a disability(Section 951.01 (5), Wisconsin Statutes).The new law allows any person to providenotice to another person that his or her behav-ior is interfering with the use of a service dognotice may be given in any manner. Afterreceiving that notice and request, a personmay not recklessly or intentionally interferewith the use of the service dog by obstructingor intimidating the dog or otherwise jeopar-dizing the safety of the dog or its user. In addi-tion, the act prohibits recklessly or intention-ally allowing one’s dog to interfere with theuse of a service dog. Recklessly interfering isa Class B misdemeanor, which is punishableby a fine of $1,000 or imprisonment for 90 daysor both. Intentionally interfering is a Class Amisdemeanor, which is punishable by a maxi-mum fine of $10,000 or imprisonment for 9months or both. If a person recklessly injuresa service dog or recklessly allows his or herdog to injure a service dog, he or she is alsoguilty of a Class A misdemeanor.Under the act, a person who intentionallyinjures a service dog or intentionally allows hisor her dog to injure a service dog is guilty of aClass I felony, which is punishable by a fine of $10,000 or a sentence of imprisonment andextended supervision for 3.5 years or both.Recklessly causing the death of a service dog isalso a Class I felony.Finally, the act makes it a Class H felony tointentionally cause the death of a service dog,which is punishable by a fine of $10,000 orimprisonment and extended supervision for 6years or both. A person who unlawfully takespossession of or exerts control over a servicedog with the intent to deprive someone of theuse of the dog is also guilty of a Class H felony.In addition to imposing criminal penal-ties, Act 353 directs a sentencing court torequire a violator to pay restitution for anyand to request that the behavior stop. Thepecuniary loss suffered as a result of the crime.
Prepared by Lauren Jackson, Legislative Analyst
Reference Desk: (608) 266-0341Web Site: www.legis.state.wi.us/lrb

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