HF 2468 (LSB 6138HV (3) 87)

HOUSE FILE 2468

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 608)

A BILL FOR

An Act prohibiting the mistreatment of animals other than livestock and wild animals, providing for the rescue of animals by local law enforcement agencies, providing for criminal offenses and court orders, and including penalties. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 717B.1, Code 2018, is amended by adding the following new subsections:
   NEW SUBSECTION.  3A.  “Convicted” means entry of a judgment of conviction under chapter 901 or adjudicated delinquent for an act which is an indictable offense in this state or in another state under chapter 232. “Convicted” does not mean a plea, sentence, adjudication, deferred sentence, or deferred judgment which has been reversed or otherwise set aside.
   NEW SUBSECTION.  4A.  “Euthanasia” means the same as defined in section 162.2.
   NEW SUBSECTION.  4B.  “Injury” means a serious or permanent functional impairment to an animal’s health or functions, including physical damage or harm to an animal’s muscle, tissue, organs, bones, hide, or skin, protracted disfigurement or permanent impairment of health, or protracted loss or impairment of the function of a limb or organ.
    Sec. 2.  Section 717B.2, Code 2018, is amended to read as follows:
   717B.2  Animal abuse —— penalties.
   1.  A person is guilty of animal abuse if the person intentionally injures, maims, disfigures, or destroys an animal owned by another person, in any manner, including intentionally poisoning the animal commits animal abuse when the person knowingly or recklessly causes injury or death to an animal by force, violence, or poisoning. A person guilty of animal abuse is guilty of an aggravated misdemeanor.
   2.  This section shall not apply to conduct engaged in by any of the following:
   1.  A person acting with the consent of the person owning the animal, unless the action constitutes animal neglect as provided in section 717B.3.
   a.  An animal owner or a person acting with the consent of the animal owner who euthanizes an animal that is of such age or condition that natural death is imminent or expected in the near future.
   2.  b.  A person acting to carry out an order issued by a court.
   3.  c.  A licensed veterinarian practicing veterinary medicine as provided in chapter 169.
   4.  d.  A person acting in order to carry out another provision of law which allows the conduct.
   5.  e.  A person taking, hunting, trapping, or fishing for a wild animal as provided in chapter 481A.
   6.  f.  A person acting to protect the person’s property from a wild animal as defined in section 481A.1.
   7.  g.  A person acting to protect a person from injury or death caused by a wild animal as defined in section 481A.1.
   8.  h.  A person reasonably acting to protect the person’s property from damage caused by an unconfined animal.
   9.  i.  A person reasonably acting to protect a person from injury or death caused by an unconfined animal.
   10.  j.  A local authority reasonably acting to destroy an animal, if at the time of the destruction, the owner of the animal is absent or unable to care for the animal, and the animal is permanently distressed by disease or injury to a degree that would result in severe and prolonged suffering.
   11.  k.  A research facility, as defined in section 162.2, provided that the research facility performs functions within the scope of accepted practices and disciplines associated with the research facility.
   3.  A person who commits animal abuse that causes injury to an animal is guilty of a serious misdemeanor.
   4.  A person who commits animal abuse that causes death to an animal is guilty of an aggravated misdemeanor.
   5.  Notwithstanding subsection 4, a person who commits animal abuse that causes death to an animal is guilty of a class “D” felony if the person has previously been convicted of committing animal abuse pursuant to this section, animal neglect pursuant to section 717B.3, animal torture pursuant to section 717B.3A, injury to or interference with a police service dog pursuant to section 717B.9, bestiality pursuant to section 717C.1, or an act involving a contest event prohibited in section 717D.2.
    Sec. 3.  Section 717B.3, Code 2018, is amended to read as follows:
   717B.3  Animal neglect —— penalties.
   1.  A person who impounds or commits animal neglect when the person owns or has custody of an animal, confines, in any place, an that animal, is guilty of animal neglect if the person does any of the following:   
   a.  Fails and knowingly or recklessly fails to supply the animal during confinement with a sufficient quantity of food or water. provide the animal with any of the following: 
   a.  Access to food in an amount and quality reasonably sufficient to satisfy the animal’s basic nutrition level to the extent that the animal’s health or life is endangered.
   b.  Fails to provide a confined dog or cat with adequate shelter.  Access to a supply of potable water in an amount reasonably sufficient to satisfy the animal’s basic hydration level to the extent that the animal’s health or life is endangered. Access to snow or ice does not satisfy this requirement.
   c.  Tortures, deprives of necessary sustenance, mutilates, beats, or kills an animal by any means which causes unjustified pain, distress, or suffering.  Sanitary conditions free from excessive animal waste or the overcrowding of animals to the extent that the animal’s health or life is endangered.
   d.  Ventilated shelter reasonably sufficient to provide adequate protection from the elements and weather conditions suitable for the age, species, and physical condition of the animal so as to maintain the animal in a state of good health to the extent that the animal’s health or life is endangered. The shelter must protect the animal from wind, rain, snow, or sun and have adequate bedding to provide reasonable protection against cold and dampness. A shelter may include a residence, garage, barn, shed, or doghouse.
   e.  (1)  Veterinary care deemed reasonably necessary to relieve an animal’s distress from any of the following:
   (a)  A condition caused by failing to provide for the animal’s welfare as described in paragraphs “a” through “d”.
   (b)  An injury or serious illness suffered by the animal causing the animal to suffer prolonged pain and suffering.
   (2)  This paragraph “e” does not apply to an animal for which the cost of such veterinary care is not reasonably affordable by the animal’s owner, so long as the animal’s owner makes appropriate and reasonable arrangements to transfer ownership and possession of the animal to a person who agrees to provide such care, or the animal’s owner euthanizes the animal if the animal suffers from a terminal illness or injury or is sufficiently injured or ill and no reasonable probability exists that reasonable veterinary care will alleviate the injury or illness.
   2.  This section does not apply to conduct engaged in by a research facility, as defined in section 162.2, provided that if the research facility performs functions within the scope of accepted practices and disciplines associated with the research facility.
   3.  A person who negligently or intentionally commits the offense of animal neglect that does not cause injury or death to an animal is guilty of a simple misdemeanor. A person who intentionally commits the offense of animal neglect which results in serious injury to or the death of an animal is guilty of a serious misdemeanor.
   4.  A person who commits animal neglect that causes injury to an animal is guilty of a serious misdemeanor.
   5.  A person who commits animal neglect which causes death to an animal is guilty of an aggravated misdemeanor.
   6.  Notwithstanding subsection 5, a person who commits animal neglect which causes injury or death to an animal is guilty of a class “D” felony if the person has been previously convicted of animal abuse pursuant to section 717B.2, animal neglect pursuant to this section, animal torture pursuant to section 717B.3A, injury to or interference with a police service dog pursuant to section 717B.9, bestiality pursuant to section 717C.1, or an act involving a contest event prohibited in section 717D.2.
    Sec. 4.  Section 717B.3A, Code 2018, is amended to read as follows:
   717B.3A  Animal torture —— penalties.
   1.  A person is guilty of animal torture, regardless of whether the person is the owner of the animal, if when the person inflicts upon the animal severe and prolonged or repeated physical pain with a depraved or sadistic intent to cause that results in the animal’s prolonged or repeated suffering and injury, or death.
   2.  This section shall not apply to conduct engaged in by any of the following:
   a.  A person acting to carry out an order issued by a court.
   b.  A licensed veterinarian practicing veterinary medicine as provided in chapter 169.
   c.  A person carrying out a practice that is consistent with animal husbandry practices.
   d.  A person acting in order to carry out another provision of law which allows the conduct.
   e.  A person taking, hunting, trapping, or fishing for a wild animal as provided in chapter 481A.
   f.  A person acting to protect the person’s property from a wild animal as defined in section 481A.1.
   g.  A person acting to protect a person from injury or death caused by a wild animal as defined in section 481A.1.
   h.  A person reasonably acting to protect the person’s property from damage caused by an unconfined animal.
   i.  A person reasonably acting to protect a person from injury or death caused by an unconfined animal.
   j.  A local authority reasonably acting to destroy an animal, if at the time of the destruction, the owner of the animal is absent or unable to care for the animal, and the animal is permanently distressed by disease or injury to a degree that would result in severe and prolonged suffering.
   k.  A research facility, as defined in section 162.2, provided that the research facility performs functions within the scope of accepted practices and disciplines associated with the research facility.
   3.  a.  The following shall apply to a person who commits animal torture:
   (1)  For the first conviction, the person is guilty of an aggravated misdemeanor. The sentencing order shall provide that the person submit to psychological evaluation and treatment according to terms required by the court. The costs of the evaluation and treatment shall be paid by the person. In addition, the sentencing order shall provide that the person complete a community work requirement, which may include a work requirement performed at an animal shelter or pound, as defined in section 162.2, according to terms required by the court.
   (2)  For a second or subsequent conviction, the person is guilty of a class “D” felony. The sentencing order shall provide that the person submit to psychological evaluation and treatment according to terms required by the court. The costs of the psychological evaluation and treatment shall be paid by the person.
   b.  The juvenile court shall have exclusive original jurisdiction in a proceeding concerning a child who is alleged to have committed animal torture, in the manner provided in section 232.8. The juvenile court shall not waive jurisdiction in a proceeding concerning an offense alleged to have been committed by a child under the age of seventeen.
   4.  A person who commits animal torture is guilty of an aggravated misdemeanor, provided, however, that the person has not been previously convicted of committing animal abuse pursuant to section 717B.2, animal neglect pursuant to section 717B.3, or animal torture pursuant to this section.
   5.  Notwithstanding subsection 4, a person who commits animal torture is guilty of a class “D” felony if the person has previously been convicted of committing animal abuse pursuant to section 717B.2, animal neglect pursuant to section 717B.3, animal torture pursuant to this section, injury to or interference with a police service dog pursuant to section 717B.9, bestiality pursuant to section 717C.1, or an act involving a contest event prohibited in section 717D.2.
    Sec. 5.  NEW SECTION.  717B.3B  Animal mistreatment —— court order —— evaluation and treatment.
   1.  At the time of a person’s conviction for animal abuse pursuant to section 717B.2 or animal torture pursuant to section 717B.3A, a court may enter an order requiring the person to undergo a psychological or psychiatric evaluation and to undergo any treatment that the court determines to be appropriate after due consideration of the evaluation. However, the court shall enter such an order if the convicted person is any of the following:
   a.  A juvenile.
   b.  An adult committing animal abuse pursuant to section 717B.2 or animal torture pursuant to section 717B.3A.
   2.  The costs of undergoing a psychological or psychiatric evaluation and undergoing any treatment ordered by the court shall be borne by the convicted person, unless the person is a juvenile.
   3.  An order made under this section is in addition to any other order or sentence of the court.
   4.  Any violation of the court order shall be punished as contempt of court pursuant to chapter 665.
    Sec. 6.  NEW SECTION.  717B.3C  Animal mistreatment —— sentencing order —— prohibitions.
   1.  At the time of a person’s sentencing for a public offense committed under this chapter, a court may prohibit the person from owning or obtaining custody of an animal or residing in the same dwelling where an animal is kept. The period of the prohibition shall be not less than one year.
   2.  Notwithstanding subsection 1, the court shall enter such an order if the convicted person has committed animal abuse pursuant to section 717B.2 or animal torture pursuant to section 717B.3A. The period of such prohibition shall be not less than five years.
   3.  The duration of a prohibition described in this section commences on the date that the person is placed on probation, released on parole or work release, or released from incarceration or from placement in a juvenile facility.
   4.  An order made pursuant to this section is in addition to any other order or sentence of the court.
   5.  Any violation of the court order described in this section is a public offense and shall be punished as a simple misdemeanor.
    Sec. 7.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act.
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 prohibiting the mistreatment of certain animals, including dogs and cats, but excluding other animals such as livestock (Code chapter 717); game, fur-bearing animals, fish, reptiles, or amphibians (Code chapter 481A), unless such animal is owned, confined, or controlled by a person; or a nongame animal declared to be a nuisance by the natural resource commission (Code section 481A.42).
   NAMED OFFENSES. The bill amends three different criminal offenses in Code chapter 717B, animal abuse (Code section 717B.2), animal neglect (Code section 717B.3), and animal torture (Code section 717B.3A). Under the bill, each of the offenses includes an enhanced penalty that applies to a convicted person who has previously committed any of the three offenses. The enhanced penalty also applies if the convicted person previously committed three other named offenses: injury to or interference with a police service dog (Code section 717B.9); bestiality (Code section 717C.1); or an act involving an animal contest (Code section 717D.2).
   THREATENED ANIMALS —— RESCUE. Currently, a local law enforcement officer and local authority may rescue an animal if there is cause to believe that an animal is threatened with abuse, neglect, or torture as these offenses have been amended (Code sections 717B.2 and 717B.5). The bill has revised the elements or exceptions for each of those offenses (Code sections 717B.2, 717B.3, and 717B.3A).
   CRIMINAL OFFENSES —— ABUSE. Currently, animal abuse involves intentionally injuring an animal by violence or poisoning. The bill replaces the intent element with that of acting knowingly or recklessly. It also removes a provision that exempted a person who acted with the consent of the animal’s owner. A new exception applies to a person who euthanizes an animal due to age or condition. The bill reduces the penalty from an aggravated to a serious misdemeanor for committing animal abuse that causes injury and retains the penalty of aggravated misdemeanor for committing animal abuse that causes death. The bill provides that the aggravated misdemeanor is enhanced to a class “D” felony if the person was previously convicted of one of the named offenses.
   CRIMINAL OFFENSES —— NEGLECT. Currently, animal neglect involves failing to provide an animal with adequate food, water, or shelter, or torturing the animal. The bill rewrites these requirements by requiring that an animal be furnished with a number of items including adequate supplies of nutritional food, access to potable water, adequate sanitary conditions, ventilated shelter sufficient to provide the animal with protection from extreme weather conditions, and, subject to certain exceptions, necessary veterinary care. The bill requires that a person must knowingly or recklessly fail to provide an animal with any of these items. The bill eliminates the torture element. The bill retains the criminal penalty which is a simple misdemeanor. However, the penalty is increased to a serious misdemeanor if the offense causes injury and to an aggravated misdemeanor if the neglect causes death. In a case where the animal is injured or dies, the aggravated misdemeanor is enhanced to a class “D” felony if the person was previously convicted of one of the named offenses.
   CRIMINAL OFFENSES —— TORTURE. Currently, animal torture involves inflicting upon an animal severe physical pain with depraved or sadistic intent to cause prolonged suffering or death. The bill eliminates the element of intent and requires that the act involve prolonged or repeated physical pain that results in prolonged or repeated suffering and injury or death. The bill replaces the current penalties for animal torture. A person is no longer guilty of an aggravated misdemeanor for the first offense and a class “D” felony for a subsequent offense. Instead, a person is guilty of an aggravated misdemeanor, which is enhanced to a class “D” felony if the person was previously convicted of one of the named offenses. The bill also eliminates a requirement that a person convicted of animal torture must submit to psychological evaluation and treatment which is addressed in another part of the bill.
   COURT ORDERS. The bill provides at the time of conviction for committing animal abuse or animal torture, that a person may be subject to a court order requiring a psychological or psychiatric evaluation and treatment. A person convicted of animal abuse, animal neglect, or animal torture may also be subject to a court order prohibiting the person from owning, possessing, or living with an animal. A person who violates a court order is guilty of a simple misdemeanor.
   STATE MANDATE. Currently, if a threatened animal is rescued by a local law enforcement officer and local authority, the local authority must provide for the animal’s maintenance until the matter’s disposition (Code sections 717B.5 and 717B.4).
   APPLICABLE CRIMINAL PENALTIES. The criminal penalties are as follows: (1) simple misdemeanor, confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both; (2) serious misdemeanor, confinement for no more than one year and a fine of at least $315 but not more than $1,875; (3) aggravated misdemeanor, confinement for no more than two years and a fine of at least $625 but not more than $6,250; and (4) class “D” felony, confinement for no more than five years and a fine of at least $750 but not more than $7,500.