HF 2089 (LSB 5659YH (4) 87)

HOUSE FILE 2089

BY  VANDER LINDEN

A BILL FOR

An Act prohibiting the mistreatment of service dogs, including acts of interference or cruelty, and providing for penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 717B.1, subsection 5, Code 2018, is amended to read as follows:
   5.  “Law enforcement officer” means a peace officer who is a regularly employed member of a police force of a city or county, including a sheriff, who is responsible for the prevention and detection of crime and the enforcement of the criminal laws of this state.
    Sec. 2.  Section 717B.1, Code 2018, is amended by adding the following new subsections:
   NEW SUBSECTION.  7A.  “Peace officer” means the same as defined in section 801.4.
   NEW SUBSECTION.  8A.  “Service dog” means the same as defined in section 216C.11.
    Sec. 3.  NEW SECTION.  717B.10  Interference with a service dog.
   1.  A person is guilty of interference with a service dog if the person knowingly, and willfully or maliciously, torments, strikes, or administers a nonpoisonous desensitizing substance to the service dog without inflicting serious injury on the service dog.
   2.  A person who commits interference with a service dog is guilty of a serious misdemeanor. 
   3.  Subsections 1 and 2 do not apply to any of the following:
   a.  A peace officer while performing an official duty.
   b.  A veterinarian licensed in this state while practicing veterinary medicine as provided in chapter 169.
   c.  A person acting in justified self-defense or the justified defense of another person or animal.
    Sec. 4.  NEW SECTION.  717B.11  Cruelty to a service dog.
   1.  A person is guilty of cruelty to a service dog if the person knowingly, and willfully or maliciously, does any of the following: 
   a.  Tortures the service dog in a manner that causes the service dog to suffer severe physical pain.
   b.  Injures the service dog in a manner that causes the service dog to suffer any of the following:
   (1)  A permanent disfigurement or disability.
   (2)  Death.
   c.  Sets a trap or other device for the purpose of injuring the service dog in a manner that would reasonably cause the service dog to suffer any of the following:
   (1)  A permanent disfigurement or disability.
   (2)  Death. 
   d.  Pays or agrees to pay another person a bounty to injure the service dog which reasonably would cause the service dog to suffer any of the following:
   (1)  A permanent disfigurement or disability.
   (2)  Death. 
   e.  Administers poison, noxious fumes, or noxious gas to the service dog. 
   2.  A person who commits cruelty to a service dog is guilty of a class “D” felony. 
   3.  Subsections 1 and 2 do not apply to any of the following:
   a.  A peace officer while performing an official duty.
   b.  A veterinarian licensed in this state while practicing veterinary medicine as provided in chapter 169.
   c.  A person acting in justified self-defense or the justified defense of another person or animal.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   GENERAL. This bill amends Code chapter 717B, which provides for offenses relating to the mistreatment of certain animals, by creating two new criminal offenses that relate to the mistreatment of a service dog, which is defined as a dog specially trained to assist a person with a disability (Code section 216C.11). The first new offense is interference with a service dog and the second new offense is cruelty to a service dog. Generally, the elements, punishments, and exceptions to each offense are similar to those in a current statute that prohibits the mistreatment of a police service dog (Code section 717B.9). 
   INTERFERENCE WITH A SERVICE DOG. The first offense is committed by a person who knowingly, and willfully or maliciously, torments, strikes, or administers a nonpoisonous desensitizing substance to a service dog, without inflicting serious injury. That person is guilty of a serious misdemeanor. A number of exceptions apply including actions by a peace officer, licensed veterinarian, or person acting in justified self-defense or the justified defense of another person. 
   CRUELTY TO A SERVICE DOG. The second offense is committed by a person who knowingly, and willfully or maliciously, mistreats or plans to mistreat the service dog by torture; the infliction of an injury in a manner that permanently disfigures or disables the service dog, or that causes the service dog’s death; setting a trap or paying a bounty in order to inflict the same type of injury or death; or by administering a poison, noxious fumes, or noxious gas to the service dog. A person who commits the offense is guilty of a class “D” felony. The same exceptions that apply to interference with a service dog apply to this offense.
   BACKGROUND —— CURRENT PROVISIONS. Code chapter 717B prohibits the mistreatment of certain animals, including domesticated animals other than livestock (governed under Code chapter 717). The Code chapter includes three offenses that cover the mistreatment of animals other than a police service dog including animal abuse that is punishable as an aggravated misdemeanor (Code section 717B.2); animal neglect that is punishable as a simple misdemeanor or serious misdemeanor if the mistreatment results in an animal’s injury or death (Code section 717B.3); and animal torture that is punishable as an aggravated misdemeanor for the first conviction and as a class “D” felony for a subsequent conviction (Code section 717B.3A). In the case of animal torture, the person convicted must also undergo a psychological evaluation and treatment according to the terms of a court order. 
   BACKGROUND —— CRIMINAL PENALTIES. The Code chapter’s current offenses, and the bill’s two new offenses, provide for punishments as follows: (1) a simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both, (2) a serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875, (3) an aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250, and (4) a class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.