Senate File 2289 - Introduced SENATE FILE 2289 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 2138) A BILL FOR An Act prohibiting the mistreatment of animals other 1 than livestock and wild animals, providing reporting 2 requirements, providing for criminal offenses, and including 3 penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5446SV (2) 86 da/nh

S.F. 2289 Section 1. NEW SECTION . 169.21 Animal cruelty report. 1 1. a. A person who practices veterinary medicine under a 2 valid license or temporary permit and who concludes that an 3 animal is being subjected to animal cruelty shall complete an 4 animal cruelty report and submit the report to a local law 5 enforcement agency having jurisdiction to investigate the 6 matter. The local law enforcement agency shall file the report 7 as provided in section 717B.10. 8 b. The board may adopt rules detailing any grounds or 9 procedures for making a conclusion that an animal is being 10 subjected to animal cruelty. However, the board is precluded 11 from concluding that an animal is being subjected to animal 12 cruelty if the animal is provided care in a manner that would 13 meet the standard of care for that species of animal under 14 state law as enforced by the department of agriculture and 15 land stewardship and under federal law as enforced by the 16 United States department of agriculture. The conclusion must 17 at least be based on clinical indications that if true could 18 reasonably constitute elements of animal abuse in the first 19 degree as described in section 717B.2, subsection 1, animal 20 neglect in the first degree as described in section 717B.2B, 21 subsection 1, or animal torture as described in section 22 717B.3A. Notwithstanding section 169.3, for purposes of this 23 section, “animal” means the same as defined in section 717B.1. 24 2. A report shall include, to every extent known by the 25 person completing the report, all of the following: 26 a. The name and description of the animal. 27 b. The address and contact information of the owner or other 28 person responsible for the care of the animal. 29 c. A description of the nature and extent of the indications 30 of animal cruelty. 31 d. Any evidence indicating that the animal has been 32 subjected to animal cruelty previously. 33 e. Any other information required by the local law 34 enforcement agency that may be of value in conducting a 35 -1- LSB 5446SV (2) 86 da/nh 1/ 21

S.F. 2289 criminal investigation. 1 3. The board may prepare and distribute a form for use 2 by a person completing and submitting a report under this 3 section and by a local law enforcement agency filing the 4 report under section 717B.10. The form shall replace the 5 information required to be completed in subsection 2. However, 6 the report must at least require the completion of information 7 necessary for a law enforcement officer to interview the person 8 submitting the report and conduct an investigation regarding 9 the commission of a public offense described in subsection 10 1. The board may consult the department of public safety when 11 preparing the form and may publish the form on the internet 12 site of the department of agriculture and land stewardship or 13 the department of public safety. 14 4. A person participating in good faith in reporting, 15 cooperating with, or assisting a local law enforcement agency 16 in evaluating a case of animal cruelty has immunity from 17 criminal or civil liability or administrative disciplinary 18 action, which might otherwise be incurred or imposed based upon 19 the act of making the report or giving the assistance. The 20 person has the same immunity with respect to participating in 21 good faith in a judicial proceeding resulting from the report, 22 cooperation, or assistance or relating to the subject matter of 23 the report, cooperation, or assistance. 24 Sec. 2. Section 717B.1, Code 2016, is amended by adding the 25 following new subsections: 26 NEW SUBSECTION . 3A. a. “Convicted” means found guilty of, 27 pleads guilty to, or is sentenced or adjudicated delinquent 28 for an act which is an indictable offense in this state or in 29 another state, including but not limited to a juvenile who has 30 been adjudicated delinquent, whether or not the juvenile court 31 records have been sealed under section 232.150, and a person 32 who has received a deferred sentence or a deferred judgment or 33 has been acquitted by reason of insanity. 34 b. “Convicted” includes the conviction of a juvenile 35 -2- LSB 5446SV (2) 86 da/nh 2/ 21

S.F. 2289 prosecuted as an adult. “Convicted” also includes a conviction 1 for an attempt or conspiracy to commit an offense. 2 c. “Convicted” does not mean a plea, sentence, adjudication, 3 deferred sentence, or deferred judgment which has been reversed 4 or otherwise set aside. 5 NEW SUBSECTION . 4A. “Injury” means an impairment to an 6 animal’s health or functions, including physical damage or harm 7 to an animal’s muscle, tissue, organs, bones, hide, or skin, 8 that causes the animal to suffer pain. 9 NEW SUBSECTION . 6A. “Local law enforcement agency” means 10 an entity established as part of a local authority to serve as 11 a police force responsible for the prevention and detection of 12 crime and enforcement of the criminal laws of this state. 13 NEW SUBSECTION . 8A. “Serious injury” means an injury that 14 creates a substantial risk of death or that causes protracted 15 disfigurement, protracted impairment of health, or protracted 16 loss or impairment of the function of a limb or organ. 17 Sec. 3. Section 717B.1, subsection 9, Code 2016, is amended 18 to read as follows: 19 9. “Threatened animal” means an animal that is abused as 20 provided suffers mistreatment due to animal abuse as described 21 in section 717B.2 or 717B.2A , neglected animal neglect as 22 provided described in section 717B.2B or 717B.3 , or tortured 23 animal torture as provided described in section 717B.3A , 24 animal abandonment as described in section 717B.3B, or animal 25 endangerment as described in section 717B.3C . 26 Sec. 4. Section 717B.2, Code 2016, is amended to read as 27 follows: 28 717B.2 Animal abuse in the first degree —— penalties . 29 1. A person is guilty of animal abuse if the person 30 intentionally injures, maims, disfigures, or destroys an animal 31 owned by another person, in any manner, including intentionally 32 poisoning the animal commits animal abuse in the first degree 33 when the person knowingly or recklessly causes serious injury 34 or death to an animal by force, violence, or poisoning . A 35 -3- LSB 5446SV (2) 86 da/nh 3/ 21

S.F. 2289 person guilty of animal abuse is guilty of an aggravated 1 misdemeanor. 2 2. This section shall not apply to conduct engaged in by any 3 of the following: 4 1. A person acting with the consent of the person owning 5 the animal, unless the action constitutes animal neglect as 6 provided in section 717B.3 . 7 2. a. A person acting to carry out an order issued by a 8 court. 9 3. b. A licensed veterinarian practicing veterinary 10 medicine as provided in chapter 169 . 11 4. c. A person acting in order to carry out another 12 provision of law which allows the conduct. 13 5. d. A person taking, hunting, trapping, or fishing for a 14 wild animal as provided in chapter 481A . 15 6. e. A person acting to protect the person’s property from 16 a wild animal as defined in section 481A.1 . 17 7. f. A person acting to protect a person from injury or 18 death caused by a wild animal as defined in section 481A.1 . 19 8. g. A person reasonably acting to protect the person’s 20 property from damage caused by an unconfined animal. 21 9. h. A person reasonably acting to protect a person from 22 injury or death caused by an unconfined animal. 23 10. i. A local authority reasonably acting to destroy an 24 animal, if at the time of the destruction, the owner of the 25 animal is absent or unable to care for the animal, and the 26 animal is permanently distressed by disease or injury to a 27 degree that would result in severe and prolonged suffering. 28 11. j. A research facility, as defined in section 162.2 , 29 provided that the research facility performs functions within 30 the scope of accepted practices and disciplines associated with 31 the research facility. 32 3. A person who commits animal abuse in the first degree is 33 guilty of an aggravated misdemeanor. 34 4. Notwithstanding subsection 3, a person who commits 35 -4- LSB 5446SV (2) 86 da/nh 4/ 21

S.F. 2289 animal abuse in the first degree is guilty of a class “D” 1 felony under any of the following circumstances: 2 a. The offense was committed by an adult when a juvenile was 3 physically present. 4 b. The person has previously been convicted of any of the 5 following: 6 (1) Animal abuse pursuant to this section or section 7 717B.2A, animal neglect pursuant to section 717B.2B or 717B.3, 8 animal torture pursuant to section 717B.3A, animal abandonment 9 pursuant to section 717B.3B, animal endangerment pursuant 10 to section 717B.3C, injury or interference with a police 11 service dog pursuant to section 717B.9, bestiality pursuant to 12 section 717C.1, or committing an act involving a contest event 13 prohibited in section 717D.4. 14 (2) An offense under any other state’s statute 15 substantially corresponding to an offense described in 16 subparagraph (1). The court shall judicially notice 17 the statute of another state which defines such offense 18 substantially equivalent to an offense described in 19 subparagraph (1) and can therefore be considered a 20 corresponding statute. 21 Sec. 5. NEW SECTION . 717B.2A Animal abuse in the second 22 degree —— penalties. 23 1. A person commits animal abuse in the second degree when 24 the person knowingly or recklessly causes injury or death to an 25 animal by force, violence, or poisoning. 26 2. This section shall not apply to conduct engaged in by a 27 person described in section 717B.2, subsection 2. 28 3. A person who commits animal abuse in the second degree is 29 guilty of a serious misdemeanor. 30 4. Notwithstanding subsection 3, a person who commits 31 animal abuse in the second degree is guilty of an aggravated 32 misdemeanor under any of the following circumstances: 33 a. The offense was committed by an adult when a juvenile was 34 physically present. 35 -5- LSB 5446SV (2) 86 da/nh 5/ 21

S.F. 2289 b. The person has previously been convicted of any of the 1 following: 2 (1) Animal abuse pursuant to section 717B.2 or this section, 3 animal neglect pursuant to section 717B.2B or 717B.3, animal 4 torture pursuant to section 717B.3A, animal abandonment 5 pursuant to section 717B.3B, animal endangerment pursuant 6 to section 717B.3C, injury or interference with a police 7 service dog pursuant to section 717B.9, bestiality pursuant to 8 section 717C.1, or committing an act involving a contest event 9 prohibited in section 717D.4. 10 (2) An offense under any other state’s statute 11 substantially corresponding to an offense described in 12 subparagraph (1). The court shall judicially notice 13 the statute of another state which defines such offense 14 substantially equivalent to an offense described in 15 subparagraph (1) and can therefore be considered a 16 corresponding statute. 17 Sec. 6. NEW SECTION . 717B.2B Animal neglect in the first 18 degree —— penalties. 19 1. A person commits animal neglect in the first degree 20 when the person owns or has custody of an animal, confines 21 that animal, and causes the animal to suffer serious injury or 22 death, by failing to reasonably provide any of the following: 23 a. Access to food in an amount and quality sufficient to 24 satisfy the animal’s basic nutrition level. 25 b. Access to a supply of potable water in an amount 26 sufficient to satisfy the animal’s basic hydration level. 27 Access to snow or ice does not satisfy this requirement. 28 c. Sanitary conditions free from excessive animal waste or 29 the overcrowding of animals. 30 d. Adequate shelter sufficient to provide the animal with 31 protection from extreme weather conditions, including but not 32 limited to sun, wind, rain, snow, ice, or standing water. 33 e. Veterinary care deemed necessary by a reasonably prudent 34 person to relieve an animal’s distress from a condition caused 35 -6- LSB 5446SV (2) 86 da/nh 6/ 21

S.F. 2289 by failing to provide for the animal’s welfare as described in 1 paragraphs “a” through “d” . 2 2. This section does not apply to any of the following: 3 a. A person acting to carry out another provision of law 4 which allows the conduct. 5 b. A research facility, as defined in section 162.2, 6 provided that the research facility performs functions within 7 the scope of accepted practices and disciplines associated with 8 the research facility. 9 3. A person who commits animal neglect in the first degree 10 is guilty of an aggravated misdemeanor. 11 4. Notwithstanding subsection 3, a person who commits 12 animal neglect in the first degree is guilty of a class “D” 13 felony under any of the following circumstances: 14 a. The offense was committed by an adult when a juvenile was 15 physically present. 16 b. The person has previously been convicted of any of the 17 following: 18 (1) Animal abuse pursuant to section 717B.2 or 717B.2A, 19 animal neglect pursuant to this section or section 717B.3, 20 animal torture pursuant to section 717B.3A, animal abandonment 21 pursuant to section 717B.3B, animal endangerment pursuant 22 to section 717B.3C, injury or interference with a police 23 service dog pursuant to section 717B.9, bestiality pursuant to 24 section 717C.1, or committing an act involving a contest event 25 prohibited in section 717D.4. 26 (2) An offense under any other state’s statute 27 substantially corresponding to an offense described in 28 subparagraph (1). The court shall judicially notice 29 the statute of another state which defines such offense 30 substantially equivalent to an offense described in 31 subparagraph (1) and can therefore be considered a 32 corresponding statute. 33 Sec. 7. Section 717B.3, Code 2016, is amended to read as 34 follows: 35 -7- LSB 5446SV (2) 86 da/nh 7/ 21

S.F. 2289 717B.3 Animal neglect in the second degree —— penalties . 1 1. A person who impounds or commits animal neglect in the 2 second degree when the person owns or has custody of an animal, 3 confines , in any place, an that animal , is guilty of animal 4 neglect if the person does and fails to reasonably provide the 5 animal with any of the following: 6 a. Fails to supply the animal during confinement with a 7 sufficient quantity of food or water. Access to food in an 8 amount and quality sufficient to satisfy the animal’s basic 9 nutrition level. 10 b. Fails to provide a confined dog or cat with adequate 11 shelter. Access to a supply of potable water in an amount 12 sufficient to satisfy the animal’s basic hydration level. 13 Access to snow or ice does not satisfy this requirement. 14 c. Tortures, deprives of necessary sustenance, mutilates, 15 beats, or kills an animal by any means which causes unjustified 16 pain, distress, or suffering. Sanitary conditions free from 17 excessive animal waste or the overcrowding of animals. 18 d. Adequate shelter sufficient to provide the animal with 19 protection from extreme weather conditions, including but not 20 limited to sun, wind, rain, snow, ice, or standing water. 21 e. Veterinary care deemed necessary by a reasonably prudent 22 person to relieve an animal’s distress from a condition caused 23 by failing to provide for the animal’s welfare as described in 24 paragraphs “a” through “d” . 25 2. This section does not apply to a any of the following: 26 a. A person acting to carry out another provision of law 27 which allows the conduct. 28 b. A research facility, as defined in section 162.2 , 29 provided that the research facility performs functions within 30 the scope of accepted practices and disciplines associated with 31 the research facility. 32 3. A person who negligently or intentionally commits the 33 offense of animal neglect in the second degree is guilty of 34 a simple serious misdemeanor. A person who intentionally 35 -8- LSB 5446SV (2) 86 da/nh 8/ 21

S.F. 2289 commits the offense of animal neglect which results in serious 1 injury to or the death of an animal is guilty of a serious 2 misdemeanor. 3 4. Notwithstanding subsection 3, a person who commits 4 animal neglect in the second degree is guilty of an aggravated 5 misdemeanor under any of the following circumstances: 6 a. The offense was committed by an adult when a juvenile was 7 physically present. 8 b. The person has previously been convicted of any of the 9 following: 10 (1) Animal abuse pursuant to section 717B.2 or 717B.2A, 11 animal neglect pursuant to section 717B.2B or this section, 12 animal torture pursuant to section 717B.3A, animal abandonment 13 pursuant to section 717B.3B, animal endangerment pursuant 14 to section 717B.3C, injury or interference with a police 15 service dog pursuant to section 717B.9, bestiality pursuant to 16 section 717C.1, or committing an act involving a contest event 17 prohibited in section 717D.4. 18 (2) An offense under any other state’s statute 19 substantially corresponding to an offense described in 20 subparagraph (1). The court shall judicially notice 21 the statute of another state which defines such offense 22 substantially equivalent to an offense described in 23 subparagraph (1) and can therefore be considered a 24 corresponding statute. 25 Sec. 8. Section 717B.3A, Code 2016, is amended to read as 26 follows: 27 717B.3A Animal torture —— penalties . 28 1. A person is guilty of animal torture , regardless of 29 whether the person is the owner of the animal, if when the 30 person inflicts upon the animal severe and prolonged or 31 repeated physical pain with a depraved or sadistic intent to 32 cause that results in the animal’s prolonged suffering and 33 serious injury or death. 34 2. This section shall not apply to conduct engaged in by any 35 -9- LSB 5446SV (2) 86 da/nh 9/ 21

S.F. 2289 of the following: 1 a. A person acting to carry out an order issued by a court. 2 b. A licensed veterinarian practicing veterinary medicine as 3 provided in chapter 169 . 4 c. A person carrying out a practice that is consistent with 5 animal husbandry practices. 6 d. A person acting in order to carry out another provision 7 of law which allows the conduct. 8 e. A person taking, hunting, trapping, or fishing for a wild 9 animal as provided in chapter 481A . 10 f. A person acting to protect the person’s property from a 11 wild animal as defined in section 481A.1 . 12 g. A person acting to protect a person from injury or death 13 caused by a wild animal as defined in section 481A.1 . 14 h. A person reasonably acting to protect the person’s 15 property from damage caused by an unconfined animal. 16 i. A person reasonably acting to protect a person from 17 injury or death caused by an unconfined animal. 18 j. A local authority reasonably acting to destroy an animal, 19 if at the time of the destruction, the owner of the animal is 20 absent or unable to care for the animal, and the animal is 21 permanently distressed by disease or injury to a degree that 22 would result in severe and prolonged suffering. 23 k. A research facility, as defined in section 162.2 , 24 provided that the research facility performs functions within 25 the scope of accepted practices and disciplines associated with 26 the research facility. 27 3. a. The following shall apply to a person who commits 28 animal torture: 29 (1) For the first conviction, the person is guilty of an 30 aggravated misdemeanor. The sentencing order shall provide 31 that the person submit to psychological evaluation and 32 treatment according to terms required by the court. The costs 33 of the evaluation and treatment shall be paid by the person. 34 In addition, the sentencing order shall provide that the person 35 -10- LSB 5446SV (2) 86 da/nh 10/ 21

S.F. 2289 complete a community work requirement, which may include a work 1 requirement performed at an animal shelter or pound, as defined 2 in section 162.2 , according to terms required by the court. 3 (2) For a second or subsequent conviction, the person is 4 guilty of a class “D” felony. The sentencing order shall 5 provide that the person submit to psychological evaluation and 6 treatment according to terms required by the court. The costs 7 of the psychological evaluation and treatment shall be paid by 8 the person. 9 b. The juvenile court shall have exclusive original 10 jurisdiction in a proceeding concerning a child who is alleged 11 to have committed animal torture, in the manner provided in 12 section 232.8 . The juvenile court shall not waive jurisdiction 13 in a proceeding concerning an offense alleged to have been 14 committed by a child under the age of seventeen. 15 4. A person who commits animal torture is guilty of a class 16 “D” felony. 17 5. Notwithstanding subsection 4, a person who commits 18 animal torture is guilty of a class “C” felony under any of the 19 following circumstances: 20 a. The offense was committed by an adult when a juvenile was 21 physically present. 22 b. The person has previously been convicted of any of the 23 following: 24 (1) Animal abuse pursuant to section 717B.2 or 717B.2A, 25 animal neglect pursuant to section 717B.2B or 717B.3, animal 26 torture pursuant to this section, animal abandonment pursuant 27 to section 717B.3B, animal endangerment pursuant to section 28 717B.3C, injury or interference with a police service dog 29 pursuant to section 717B.9, bestiality pursuant to section 30 717C.1, or committing an act involving a contest event 31 prohibited in section 717D.4. 32 (2) An offense under any other state’s statute 33 substantially corresponding to an offense described in 34 subparagraph (1). The court shall judicially notice 35 -11- LSB 5446SV (2) 86 da/nh 11/ 21

S.F. 2289 the statute of another state which defines such offense 1 substantially equivalent to an offense described in 2 subparagraph (1) and can therefore be considered a 3 corresponding statute. 4 Sec. 9. NEW SECTION . 717B.3B Animal abandonment —— 5 penalties. 6 1. A person commits animal abandonment when the person does 7 all of the following: 8 a. Knowingly or recklessly relinquishes custody of an animal 9 at a location in which the person does not hold a legal or 10 equitable interest. 11 b. Fails to do any of the following: 12 (1) Legally transfer the animal to another person. 13 (2) Make reasonable arrangements for the transfer of 14 custody of the animal to a person who agrees to assume custody 15 of the animal. 16 (3) Make other reasonable arrangements for the care of the 17 animal in a manner that would not constitute animal neglect in 18 the first degree under section 717B.2B, subsection 1. 19 2. A person who commits animal abandonment is guilty of a 20 simple misdemeanor. 21 3. Notwithstanding subsection 2, a person who commits 22 animal abandonment is guilty of a serious misdemeanor under any 23 of the following circumstances: 24 a. The offense was committed by an adult when a juvenile was 25 physically present. 26 b. The person has previously been convicted of any of the 27 following: 28 (1) Animal abuse pursuant to section 717B.2 or 717B.2A, 29 animal neglect pursuant to section 717B.2B or 717B.3, animal 30 torture pursuant to section 717B.3A, animal abandonment 31 pursuant to this section, animal endangerment pursuant to 32 section 717B.3C, injury or interference with a police service 33 dog pursuant to section 717B.9, bestiality pursuant to 34 section 717C.1, or committing an act involving a contest event 35 -12- LSB 5446SV (2) 86 da/nh 12/ 21

S.F. 2289 prohibited in section 717D.4. 1 (2) An offense under any other state’s statute 2 substantially corresponding to an offense described in 3 subparagraph (1). The court shall judicially notice 4 the statute of another state which defines such offense 5 substantially equivalent to an offense described in 6 subparagraph (1) and can therefore be considered a 7 corresponding statute. 8 Sec. 10. NEW SECTION . 717B.3C Animal endangerment —— 9 penalties. 10 1. A person commits animal endangerment when the person 11 confines an animal in a stationary motor vehicle in a manner 12 that endangers the health or life of the animal by exposing the 13 animal to a prolonged period of extreme interior temperature or 14 a long period without adequate ventilation. 15 2. A person who commits animal endangerment is guilty of a 16 simple misdemeanor. 17 3. Notwithstanding subsection 2, a person who commits 18 animal endangerment is guilty of a serious misdemeanor under 19 any of the following circumstances: 20 a. The offense was committed by an adult when a juvenile was 21 physically present. 22 b. The person has previously been convicted of any of the 23 following: 24 (1) Animal abuse pursuant to section 717B.2 or 717B.2A, 25 animal neglect pursuant to section 717B.2B or 717B.3, animal 26 torture pursuant to section 717B.3A, animal abandonment 27 pursuant to this section, animal endangerment pursuant to 28 this section, injury or interference with a police service 29 dog pursuant to section 717B.9, bestiality pursuant to 30 section 717C.1, or committing an act involving a contest event 31 prohibited in section 717D.4. 32 (2) An offense under any other state’s statute 33 substantially corresponding to an offense described in 34 subparagraph (1). The court shall judicially notice 35 -13- LSB 5446SV (2) 86 da/nh 13/ 21

S.F. 2289 the statute of another state which defines such offense 1 substantially equivalent to an offense described in 2 subparagraph (1) and can therefore be considered a 3 corresponding statute. 4 Sec. 11. NEW SECTION . 717B.3D Animal mistreatment —— court 5 order —— evaluation and treatment. 6 1. At the time of a person’s conviction for a public 7 offense committed under this chapter, a court may enter an 8 order requiring the person to undergo a psychological or 9 psychiatric evaluation and to undergo any treatment that the 10 court determines to be appropriate after due consideration of 11 the evaluation. However, the court shall enter such an order 12 if the convicted person is any of the following: 13 a. A juvenile. 14 b. An adult committing animal abuse pursuant to section 15 717B.2 or 717B.2A, animal neglect in the first degree pursuant 16 to section 717B.2B, animal neglect in the second degree 17 punishable as an aggravated misdemeanor pursuant to section 18 717B.3, or animal torture pursuant to section 717B.3A. 19 2. The costs of undergoing a psychological or psychiatric 20 evaluation and undergoing any treatment ordered by the court 21 shall be borne by the convicted person, unless the person is 22 a juvenile. 23 3. An order made under this section is in addition to any 24 other order or sentence of the court. 25 4. Any violation of the court order shall be punished as 26 contempt of court pursuant to chapter 665. 27 Sec. 12. NEW SECTION . 717B.3E Animal mistreatment —— 28 sentencing order —— prohibitions. 29 1. Upon the time of a person’s sentencing for a public 30 offense committed under this chapter, a court may prohibit the 31 person from owning or obtaining custody of an animal belonging 32 to the same taxonomic genus as the animal that the defendant 33 is convicted of mistreating, or residing in the same dwelling 34 where such animal is kept. The period of the prohibition shall 35 -14- LSB 5446SV (2) 86 da/nh 14/ 21

S.F. 2289 be not less than one but not more than five years. 1 2. Notwithstanding subsection 1, the court shall enter such 2 an order if the convicted person has committed animal abuse 3 pursuant to section 717B.2 or 717B.2A, animal neglect in the 4 first degree pursuant to section 717B.2B, animal neglect in the 5 second degree punishable as an aggravated misdemeanor pursuant 6 to section 717B.3, or animal torture pursuant to section 7 717B.3A. The period of such prohibition shall be as follows: 8 a. For an aggravated misdemeanor, from one to five years. 9 b. For a class “D” felony, from five to fifteen years. 10 c. For a class “C” felony, for life. 11 3. The duration of a prohibition described in this 12 section commences on the date that the person is placed on 13 probation, released on parole or work release, or released from 14 incarceration or from placement in a juvenile facility. 15 4. An order made pursuant to this section is in addition to 16 any other order or sentence of the court. 17 5. Any violation of the court order described in this 18 section is a public offense and shall be punished as a simple 19 misdemeanor. 20 Sec. 13. Section 717B.5, subsection 1, Code 2016, is amended 21 to read as follows: 22 1. The rescue must be made by a law enforcement officer 23 having cause to believe that the animal is a threatened animal 24 after consulting with a veterinarian licensed pursuant to 25 chapter 169 . An animal cruelty report filed with a local 26 law enforcement agency pursuant to section 717B.10 is not a 27 substitute for consulting with a licensed veterinarian. The 28 law enforcement officer may rescue the animal by entering on 29 public or private property, as provided in this subsection . 30 The law enforcement officer may enter onto property of a person 31 to rescue the animal if the officer obtains a search warrant 32 issued by a court, or enters onto the premises in a manner 33 consistent with the laws of this state and the United States, 34 including Article I, section 8, of the Constitution of the 35 -15- LSB 5446SV (2) 86 da/nh 15/ 21

S.F. 2289 State of Iowa, or the fourth amendment to the Constitution of 1 the United States. 2 Sec. 14. NEW SECTION . 717B.5A Rescue —— motor vehicles. 3 1. A law enforcement officer may rescue an animal from a 4 stationary motor vehicle, including through the use of forced 5 entrance, if the law enforcement officer reasonably believes 6 that the animal may be suffering distress due to exposure to 7 extreme interior temperature or a lack of adequate ventilation. 8 The law enforcement officer’s action is justified regardless 9 of whether the law enforcement officer observed indications 10 of distress or whether the person could be charged with or 11 convicted of committing a public offense. 12 2. The law enforcement officer shall provide written 13 notice of the rescue to the animal’s responsible party. This 14 requirement is satisfied by placing the notice in a conspicuous 15 place located within the motor vehicle. The notice must state 16 where the rescued animal may be claimed. 17 3. The local authority shall provide for the maintenance 18 of the rescued animal as if it were a threatened animal under 19 section 717B.5. However, no dispositional proceeding under 20 section 717B.4 is required if within ten days after the date 21 of the animal’s rescue the responsible party claims the animal 22 from the local authority. In order to claim the animal, the 23 responsible party must reimburse the local authority for all 24 reasonable costs that accrued from rescuing and maintaining the 25 animal. 26 Sec. 15. NEW SECTION . 717B.10 Reports. 27 1. A local law enforcement agency shall accept and file 28 an animal cruelty report submitted by a person as provided in 29 section 169.21. The report may be used as the basis for an 30 investigation or criminal complaint or information under this 31 chapter, or for determining whether to perform a rescue under 32 section 717B.5. 33 2. a. A local law enforcement agency shall file a child 34 endangerment alert report with the department of human services 35 -16- LSB 5446SV (2) 86 da/nh 16/ 21

S.F. 2289 if all of the following apply: 1 (1) A law enforcement officer employed by the law 2 enforcement agency conducts an investigation of a suspected 3 offense of animal abuse as described in section 717B.2 or 4 717B.2A, animal neglect as described in section 717B.2B or 5 717B.3, or animal torture as described in section 717B.3A. 6 (2) The law enforcement officer reasonably believes that a 7 minor child of the subject of the investigation witnessed the 8 commission of the offense. 9 b. The report shall be filed in a manner and according to 10 procedures required by the department of human services. 11 c. The report shall be a confidential record in the same 12 manner as a peace officer’s investigative report under section 13 22.7, subsection 5. 14 Sec. 16. IMPLEMENTATION OF ACT. Section 25B.2, subsection 15 3, shall not apply to this Act. 16 Sec. 17. REPEAL. Section 717B.8, Code 2016, is repealed. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 GENERAL. This bill amends Code chapter 717B prohibiting 21 the mistreatment of certain animals, including dogs and cats, 22 but excluding other animals such as livestock (Code chapter 23 717); game, fur-bearing animals, fish, reptiles, or amphibians 24 (Code chapter 481A), unless such animal is owned, confined, 25 or controlled by a person; or a nongame animal declared to be 26 a nuisance by the natural resource commission (Code section 27 481A.42). 28 There are seven amended or new criminal offenses, including 29 animal abuse in the first or second degree (amended Code 30 section 717B.2 and new Code section 717B.2A), animal neglect 31 in the first or second degree (new Code section 717B.2B 32 and amended Code section 717B.3), animal torture (amended 33 Code section 717B.3A), animal abandonment (new Code section 34 717B.3B), and animal endangerment (new Code section 717B.3C). 35 -17- LSB 5446SV (2) 86 da/nh 17/ 21

S.F. 2289 Each of the amended or new offenses includes an enhanced 1 penalty that applies to a convicted person in either of two 2 situations: (1) the person is an adult who committed the 3 offense in the presence of a juvenile or (2) the person has 4 previously committed any of the offenses previously described; 5 committed injury or interference with a police service dog 6 (Code section 717B.9); committed bestiality (Code section 7 717C.1); committed an offense involving animal fighting (Code 8 section 717D.4); or committed any similar offense in another 9 state. 10 TYPES OF CRIMINAL OFFENSES —— ABUSE, NEGLECT, OR TORTURE. 11 Animal abuse involves injuring an animal by violence or 12 poisoning; animal neglect involves failing to provide an animal 13 with adequate food, water, habitable conditions, or necessary 14 veterinary care; and animal torture involves inflicting upon 15 the animal severe and prolonged or repeated physical pain. For 16 animal abuse in the first degree, animal neglect in the first 17 degree, or animal torture, the animal must suffer a serious 18 injury or death. Serious injury involves a substantial risk 19 of death, protracted disfigurement, impairment, or a loss or 20 impairment of a limb. For animal abuse in the second degree, 21 the animal must suffer an injury meaning some impairment to the 22 animal’s health or functions, or death. For animal neglect in 23 the second degree, the injury element is not required. For 24 these offenses, the criminal penalties are as follows: (1) 25 animal abuse in the first degree, an aggravated misdemeanor 26 which may be enhanced to a class “D” felony; (2) animal abuse 27 in the second degree, a serious misdemeanor which may be 28 enhanced to an aggravated misdemeanor; (3) animal neglect 29 in the first degree, an aggravated misdemeanor which may be 30 enhanced to a class “D” felony; (4) animal neglect in the 31 second degree, a serious misdemeanor which may be enhanced to 32 an aggravated misdemeanor; and (5) animal torture, a class “D” 33 felony which may be enhanced to a class “C” felony. 34 A number of exceptions apply to the animal abuse and animal 35 -18- LSB 5446SV (2) 86 da/nh 18/ 21

S.F. 2289 torture offenses, including carrying out (1) a court order; (2) 1 a veterinary practice; (3) a good animal husbandry practice; 2 (4) another provision of law; (5) legally hunting, trapping, 3 or fishing; (6) a defense of property or life; (7) conduct 4 by a local authority; and (8) research activities. The bill 5 eliminates a provision in the current abuse Code section that 6 excepts an animal’s owner from culpability. The bill also 7 eliminates an element of animal torture that requires proof of 8 sadistic or depraved intent. 9 TYPES OF CRIMINAL OFFENSES —— ANIMAL ABANDONMENT AND ANIMAL 10 ENDANGERMENT. For animal abandonment, a person must knowingly 11 or recklessly relinquish custody of an animal, and then fail 12 to provide for its legal transfer or make arrangements for its 13 care. For animal endangerment, a person must confine an animal 14 in a stationary motor vehicle in a manner that endangers the 15 health or life of the animal. For these last two offenses, the 16 criminal penalties are the same: a simple misdemeanor which 17 may be enhanced to a serious misdemeanor. 18 APPLICABLE CRIMINAL PENALTIES. The criminal penalties are 19 as follows: (1) simple misdemeanor, confinement for no more 20 than 30 days or a fine of at least $65 but not more than $625 or 21 by both; (2) serious misdemeanor, confinement for no more than 22 one year and a fine of at least $315 but not more than $1,875; 23 (3) aggravated misdemeanor, confinement for no more than two 24 years and a fine of at least $625 but not more than $6,250; (4) 25 class “D” felony, confinement for no more than five years and a 26 fine of at least $750 but not more than $7,500; and (5) class 27 “C” felony, confinement for no more than 10 years and a fine of 28 at least $1,000 but not more than $10,000. 29 COURT ORDERS. At the time of conviction for committing 30 any of the offenses, a person may be subject to a court order 31 requiring a psychological or psychiatric evaluation and 32 treatment. The person may also be subject to a court order 33 prohibiting the person from owning, possessing, or living with 34 an animal of the same genus as the mistreated animal. In each 35 -19- LSB 5446SV (2) 86 da/nh 19/ 21