SF 421 (LSB 2385SV (1) 87)

SENATE FILE 421

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 313)

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 2017, is amended by adding the following new subsections:
   NEW SUBSECTION.  2A.  “Animal warden” means a person employed, contracted, or appointed by a local authority to assist in the enforcement of chapter 162, this chapter, or any other law or ordinance relating to the licensing of animals, control of animals, or the seizure and impoundment of animals.
   NEW SUBSECTION.  3A.  a.  “Convicted” means found guilty of, pleads guilty to, or is sentenced or adjudicated delinquent for an act which is an indictable offense in this state or in another state, including but not limited to a juvenile who has been adjudicated delinquent, whether or not the juvenile court records have been sealed under section 232.150, and a person who has received a deferred sentence or a deferred judgment or has been acquitted by reason of insanity. 
   b.  “Convicted” includes the conviction of a juvenile prosecuted as an adult. “Convicted” also includes a conviction for an attempt or conspiracy to commit an offense. 
   c.  “Convicted” does not mean a plea, sentence, adjudication, deferred sentence, or deferred judgment which has been reversed or otherwise set aside.
   NEW SUBSECTION.  4A.  “Injury” means an impairment to an animal’s health or functions, including physical damage or harm to an animal’s muscle, tissue, organs, bones, hide, or skin, that causes the animal to suffer pain.
   NEW SUBSECTION.  8A.  “Serious injury” means an injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of a limb or organ.
    Sec. 2.  Section 717B.1, subsection 9, Code 2017, is amended to read as follows:
   9.  “Threatened animal” means an animal that is abused as provided suffers mistreatment due to animal abuse as described in section 717B.2, neglected animal neglect as provided described in section 717B.3, or tortured animal torture as provided described in section 717B.3A, animal abandonment as described in section 717B.3B, or animal endangerment as described in section 717B.3C.
    Sec. 3.  Section 717B.2, Code 2017, 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, serious 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.
   2.  a.  A person acting to carry out an order issued by a court.
   3.  b.  A licensed veterinarian practicing veterinary medicine as provided in chapter 169.
   4.  c.  A person acting in order to carry out another provision of law which allows the conduct.
   5.  d.  A person taking, hunting, trapping, or fishing for a wild animal as provided in chapter 481A.
   6.  e.  A person acting to protect the person’s property from a wild animal as defined in section 481A.1.
   7.  f.  A person acting to protect a person from injury or death caused by a wild animal as defined in section 481A.1.
   8.  g.  A person reasonably acting to protect the person’s property from damage caused by an unconfined animal.
   9.  h.  A person reasonably acting to protect a person from injury or death caused by an unconfined animal.
   10.  i.  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.  j.  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 does not cause serious injury or death to an animal is guilty of a serious misdemeanor.
   4.  A person who commits animal abuse that causes serious injury or death to an animal is guilty of an aggravated misdemeanor.
   5.  Notwithstanding subsection 4, a person who commits animal abuse that causes serious injury or 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, animal abandonment pursuant to section 717B.3B, animal endangerment pursuant to section 717B.3C, 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.3, Code 2017, 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 fails to supply the animal during confinement with a sufficient quantity of food or water. reasonably provide the animal with any of the following: 
   a.  Access to food in an amount and quality sufficient to satisfy the animal’s basic nutrition level.
   b.  Fails to provide a confined dog or cat with adequate shelter.  Access to a supply of potable water in an amount sufficient to satisfy the animal’s basic hydration level. 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.
   d.  Ventilated shelter 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. The shelter must protect the animal from wind, rain, snow, or sun and have adequate bedding to provide protection against cold and dampness. A shelter may include a residence, garage, barn, shed, or doghouse.
   e.  Grooming, to the extent reasonably necessary to prevent adverse health effects or suffering.
   f.  Veterinary care deemed necessary by a reasonably prudent person to relieve an animal’s distress from any of the following: 
   (1)  A condition caused by failing to provide for the animal’s welfare as described in paragraphs “a” through “f”.
   (2)  An injury or illness suffered by the animal causing the animal to suffer prolonged pain and suffering.
   2.  This section does not apply to 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 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 other than serious injury or death to an animal is guilty of a serious misdemeanor.
   5.  A person who commits animal neglect which causes serious injury or death to an animal is guilty of an aggravated misdemeanor.
   6.  Notwithstanding subsection 5, a person who commits animal neglect which causes serious 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, animal abandonment pursuant to section 717B.3B, animal endangerment pursuant to section 717B.3C, 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.  Section 717B.3A, Code 2017, 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 suffering and serious 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 a class “D” felony.
   5.  Notwithstanding subsection 4, a person who commits animal torture is guilty of a class “C” 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, animal abandonment pursuant to section 717B.3B, animal endangerment pursuant to section 717B.3C, 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. 6.  NEW SECTION.  717B.3B  Animal abandonment —— penalties.
   1.  A person commits animal abandonment by knowingly or recklessly relinquishing custody of an animal at a location in which the person does not hold a legal or equitable interest if the person does not do any of the following:
   a.  Legally transfer the animal to another person.
   b.  Make reasonable arrangements for the transfer of custody of the animal to a person who agrees to assume custody of the animal.
   c.  Make other reasonable arrangements for the care of the animal in a manner that would not constitute animal neglect under section 717B.3.
   2.  A person who commits animal abandonment that does not cause injury or death to an animal is guilty of a simple misdemeanor.
   3.  A person who commits animal abandonment that causes injury other than serious injury or death to an animal is guilty of a serious misdemeanor.
   4.  A person who commits animal abandonment that causes serious injury or death to an animal is guilty of an aggravated misdemeanor.
   5.  Notwithstanding subsection 4, a person who commits animal abandonment that causes serious injury or death to an animal is guilty of a class “D” felony if the person has previously been convicted of committing animal abandonment pursuant to this section, animal abuse pursuant to section 717B.2, animal neglect pursuant to section 717B.3, animal torture pursuant to section 717B.3A, animal endangerment pursuant to section 717B.3C, 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. 7.  NEW SECTION.  717B.3C  Animal endangerment —— penalties.
   1.  A person commits animal endangerment when the person confines an animal in a stationary motor vehicle in a manner that endangers the health or life of the animal by exposing the animal to a prolonged period of extreme interior temperature or a long period without adequate ventilation.
   2.  A person who commits animal endangerment that does not cause injury or death to an animal is guilty of a simple misdemeanor.
   3.  A person who commits animal endangerment that causes injury other than serious injury or death to an animal is guilty of a serious misdemeanor.
   4.  A person who commits animal endangerment that causes serious injury or death to an animal is guilty of an aggravated misdemeanor.
   5.  Notwithstanding subsection 4, a person who commits animal endangerment that causes serious injury to an animal is guilty of a class “D” felony if the person has previously been convicted of committing animal endangerment pursuant to this section, animal abuse pursuant to section 717B.2, animal neglect pursuant to section 717B.3, animal torture pursuant to section 717B.3A, animal abandonment pursuant to section 717B.3B, 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. 8.  NEW SECTION.  717B.3D  Animal mistreatment —— court order —— evaluation and treatment.
   1.  At the time of a person’s conviction for a public offense committed under this chapter, 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, animal neglect punishable as an aggravated misdemeanor or class “D” felony pursuant to section 717B.3, animal torture pursuant to section 717B.3A, animal abandonment pursuant to section 717B.3B, or animal endangerment pursuant to section 717B.3C.
   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. 9.  NEW SECTION.  717B.3E  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 three years.
   2.  Notwithstanding subsection 1, the court shall enter such an order if the convicted person has committed animal abuse pursuant to section 717B.2, animal neglect punishable as an aggravated misdemeanor or class “D” felony pursuant to section 717B.3, animal torture pursuant to section 717B.3A, animal abandonment pursuant to section 717B.3B, or animal endangerment pursuant to section 717B.3C. The period of such prohibition shall be not less than ten 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. 10.  NEW SECTION.  717B.5A  Rescue —— motor vehicles. 
   1.  A law enforcement officer or animal warden may rescue an animal from a stationary motor vehicle, including through the use of forced entrance, if the law enforcement officer or animal warden reasonably believes that the animal may be suffering distress due to exposure to extreme interior temperature or a lack of adequate ventilation. The law enforcement officer’s or animal warden’s action is justified regardless of whether the law enforcement officer or animal warden observed indications of distress or whether the person could be charged with or convicted of committing a public offense.
   2.  The law enforcement officer or animal warden shall provide written notice of the rescue to the animal’s responsible party. This requirement is satisfied by placing the notice in a conspicuous place located within the motor vehicle. The notice must state where the rescued animal may be claimed. 
   3.  The local authority shall provide for the maintenance of the rescued animal as if it were a threatened animal under section 717B.5. However, a dispositional proceeding under section 717B.4 is not required if within ten days after the date of the animal’s rescue the responsible party claims the animal from the local authority. In order to claim the animal, the responsible party must reimburse the local authority for all reasonable costs that accrued from rescuing and maintaining the animal.
    Sec. 11.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act.
    Sec. 12.  REPEAL.  Section 717B.8, Code 2017, is repealed.
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).
   The bill amends three different criminal offenses in Code chapter 717B, including animal abuse (Code section 717B.2), animal neglect (Code section 717B.3), and animal torture (Code section 717B.3A). The bill creates two new criminal offenses including animal abandonment (new Code section 717B.3B) and animal endangerment (new Code section 717B.3C). Under the bill, each of the offenses includes an enhanced penalty that applies to a convicted person who has previously committed any of the named offenses; committed injury or interference with a police service dog (Code section 717B.9); committed bestiality (Code section 717C.1); or committed an offense involving an animal contest (Code section 717D.4). 
   TYPES OF CRIMINAL OFFENSES —— ABUSE. 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. The bill reduces the penalty from an aggravated to a serious misdemeanor for committing animal abuse that does not cause an animal serious injury or death and retains the penalty of aggravated misdemeanor for committing animal abuse that causes an animal serious injury or death. The bill provides that the aggravated misdemeanor may be enhanced to a class “D” felony if the person was previously convicted of one of the named offenses.
   TYPES OF CRIMINAL OFFENSES —— NEGLECT. 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 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 necessary veterinary care. The bill eliminates the torture prohibition. The bill retains the criminal penalty which is a simple misdemeanor. However, the penalty is increased to a serious misdemeanor if the animal suffers an injury and to an aggravated misdemeanor if the animal suffers a serious injury or death. In a case where the animal suffers a serious injury or death, the aggravated misdemeanor may be enhanced to a class “D” felony if the person was previously convicted of one of the named offenses.
   TYPES OF CRIMINAL OFFENSES —— TORTURE. 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 suffering and serious 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 a class “D” felony, which is enhanced to a class “C” 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. 
   TYPES OF CRIMINAL OFFENSES —— ABANDONMENT. Animal abandonment involves knowingly or recklessly relinquishing custody of an animal at a location in which the person does not hold a legal or equitable interest. There are exceptions in cases of transferring ownership or custody or making arrangements for the care of the animal. The criminal penalty is a simple misdemeanor. However, the penalty is increased to a serious misdemeanor if the animal suffers an injury and to an aggravated misdemeanor if the animal suffers a serious injury or death. In a case where the animal suffers a serious injury or death, the aggravated misdemeanor may be enhanced to a class “D” felony if the person was previously convicted of one of the named offenses.
   TYPES OF CRIMINAL OFFENSES —— ENDANGERMENT. Animal endangerment involves confining an animal in a stationary motor vehicle in a manner that exposes the animal to a prolonged period of extreme interior temperature or a long period without adequate ventilation. The criminal penalty is a simple misdemeanor. However, the penalty is increased to a serious misdemeanor if the animal suffers an injury and to an aggravated misdemeanor if the animal suffers a serious injury or death. In a case where the animal suffers a serious injury or death, the aggravated misdemeanor may be enhanced to a class “D” felony if the person was previously convicted of one of the named offenses.
   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; (4) class “D” felony, confinement for no more than five years and a fine of at least $750 but not more than $7,500; and (5) class “C” felony, confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000.
   COURT ORDERS. At the time of conviction for committing any of the offenses, a person may be subject to a court order requiring a psychological or psychiatric evaluation and treatment. The person may also be subject to a court order prohibiting the person from owning, possessing, or living with an animal. In each case, the court’s decision to issue an order is discretionary except under certain conditions. A court order requiring an evaluation and treatment is mandatory for juveniles. That order and the order prohibiting contact with animals is also mandatory if the offense is punishable as an aggravated misdemeanor or felony. For a discretionary court order, the period of prohibition is for not less than three years. For a mandatory court order, the period of prohibition is not less than 10 years.
   ANIMAL RESCUE —— LOCAL LAW ENFORCEMENT OFFICERS —— AND LOCAL ANIMAL WARDENS. The bill provides that a law enforcement officer (e.g., county sheriff or deputy sheriff) or an animal warden (a person employed by local government to enforce the animal control laws) is authorized to rescue an animal from a motor vehicle based upon a reasonable belief that the animal may be suffering distress. The officer or warden must provide a written notice of the rescue. After the rescue, the animal must be maintained as a rescued animal by the local authority until it is claimed or disposed of pursuant to court order.