SF 2239 (LSB 5712XS (6) 88)

SENATE FILE 2239

BY  GUTH

A BILL FOR

An Act relating to false allegations regarding the mistreatment of animals, by providing for certain complaints, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  162.21  Investigations and disciplinary actions —— false allegations.
   1.  The department shall not conduct an investigation or bring an administrative action for a violation of section 162.10A based on a false allegation against a commercial establishment issued or renewed an authorization. An allegation is conclusively presumed to be false if it is based on any of the following:
   a.  Evidence obtained by a person who enters onto the property of a commercial establishment due to any of the following:
   (1)  Trespass as defined in section 716.7.
   (2)  Deception as described in section 702.9, subsection 1 or 2.
   b.  A statement that is hearsay or any statement other than direct observation by a credible witness.
   2.  In order for the department to conduct an inspection based on a complaint alleging a violation of section 162.10A, all of the following must apply:
   a.  The complainant must file a written statement with the department. The written statement shall be in the form of an affidavit as provided by the department. The written statement shall comply with all of the following:
   (1)  It must be signed and dated by the complainant and the department employee taking the complaint, and notarized as provided in chapter 9B.
   (2)  It must state the name of the commercial establishment alleged to have committed the violation, the name of the owner of the animal, the location where the alleged violation occurred, a description of the alleged violation, and the name and contact information of any other witness to the alleged violation.
   b.  Notwithstanding section 22.7, the department delivers a copy of the statement described in paragraph “a” to the commercial establishment subject to administrative action. The statement shall be sent by certified mail within twenty-four hours after the department receives the complaint. The statement shall not contain redactions.
   3.  A commercial establishment subject to administrative action under this chapter shall have a cause of action against the person making the complaint if the commercial establishment subject to administrative action is not found to be in violation of section 162.10A, or a court reverses the finding of such violation. The commercial establishment subject to administrative action shall be awarded damages for any economic loss, as determined by a court, resulting from the complaint.
   4.  The commercial establishment subject to administrative action shall have a cause of action based on the making of a false affidavit, slander, libel, or harassment against any person making a false allegation against the commercial establishment subject to administrative action if a violation is not found or a violation is found but the decision is reversed.
   5.  A person is guilty of false allegation if the person makes a complaint that is the basis for an administrative action against a commercial establishment issued or renewed an authorization under this chapter, and a violation of section 162.10A is not found or a violation is found but the decision is reversed. A person guilty of false allegation shall be subject to one of the following:
   a.  Except as otherwise provided in this subsection, a fine of not more than one hundred dollars.
   b.  For a second offense committed within two years of a prior conviction for the same offense, a simple misdemeanor. The sentencing order shall also require that the person perform not less than fifty hours and not more than one hundred hours of community service.
   c.  For a third or subsequent offense committed within two years of a prior conviction for the same offense, a serious misdemeanor. The sentencing order shall also require that the person perform not less than one hundred hours and not more than one hundred fifty hours of community service.
    Sec. 2.  NEW SECTION.  717.7  Investigations and prosecutions —— false allegations.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Local law enforcement office” means a city police force or county sheriff’s office.
   b.  “Offense” means livestock abuse as provided in section 717.1A or livestock neglect as provided in section 717.2.
   2.  A duly sworn law enforcement officer shall not conduct an investigation of the commission of an offense based on a false allegation. An allegation is conclusively presumed to be false if it is based on any of the following:
   a.  Evidence obtained by a person who enters onto the property where the livestock is maintained due to any of the following:
   (1)  Trespass as defined in section 716.7.
   (2)  Deception as described in section 702.9, subsection 1 or 2.
   b.  A statement that is hearsay or any statement other than direct observation by a credible witness.
   3.  In order for a duly sworn law enforcement officer to conduct an investigation based on a complaint alleging an offense, all of the following must apply:
   a.  The complainant must file a written statement with a local law enforcement office. The written statement shall be in the form of an affidavit as provided by the local law enforcement office. The written statement shall comply with all of the following:
   (1)  It must be signed and dated by the complainant and the law enforcement officer taking the complaint, and notarized as provided in chapter 9B.
   (2)  It must state the name of the owner of the livestock, the location where the alleged offense occurred, a description of the alleged offense, and the name and contact information of any other witness to the alleged offense.
   b.  Notwithstanding section 22.7, the local law enforcement office delivers a copy of the statement described in paragraph “a” to any person who may be investigated due to the complaint. The statement shall be sent by certified mail within twenty-four hours after the local law enforcement office receives the complaint. The statement shall not contain redactions.
   4.  A person charged with committing an offense under this section shall have a cause of action against the person making the complaint if the charge is dismissed, the person charged is acquitted, or the person charged is convicted and the conviction is reversed. The person charged shall be awarded damages for any economic loss, as determined by a court, resulting from the complaint.
   5.  A person charged with committing an offense under this section shall have a cause of action based on the making of a false affidavit, slander, libel, or harassment against any person who asserted a false allegation against the person charged if the charge is dismissed, the person charged is acquitted, or the person charged is convicted and the conviction is reversed.
   6.  A person is guilty of false allegation if the person makes a complaint that is the basis for a criminal charge for an offense and no charge is filed, the charge is dismissed, the person charged is acquitted, or the person charged is convicted and the conviction is reversed. A person guilty of false allegation shall be subject to one of the following:
   a.  Except as otherwise provided in this subsection, a fine of not more than one hundred dollars.
   b.  For a second offense committed within two years of a prior conviction for the same offense, a simple misdemeanor. The sentencing order shall also require that the person perform not less than fifty hours and not more than one hundred hours of community service.
   c.  For a third or subsequent offense committed within two years of a prior conviction for the same offense, a serious misdemeanor. The sentencing order shall also require that the person perform not less than one hundred hours and not more than one hundred fifty hours of community service.
    Sec. 3.  NEW SECTION.  717B.10  Investigations and prosecutions —— false allegations.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Local law enforcement office” means a city police force or county sheriff’s office.
   b.  “Offense” means animal abuse as provided in section 717B.2, animal neglect as provided in section 717B.3, animal torture as provided in section 717B.3A, or abandonment as provided in section 717B.8.
   2.  A duly sworn law enforcement officer shall not conduct an investigation of the commission of an offense based on a false allegation. An allegation is conclusively presumed to be false if it is based on any of the following:
   a.  Evidence obtained by a person who enters onto the property where the animal is maintained due to any of the following:
   (1)  Trespass as defined in section 716.7.
   (2)  Deception as described in section 702.9, subsection 1 or 2.
   b.  A statement that is hearsay or any statement other than direct observation by a credible witness.
   3.  In order for a duly sworn law enforcement officer to conduct an investigation based on a complaint alleging an offense, all of the following must apply:
   a.  The complainant must file a written statement with a local law enforcement office. The written statement shall be in the form of an affidavit as provided by the local law enforcement office. The written statement shall comply with all of the following:
   (1)  It must be signed and dated by the complainant and the law enforcement officer taking the complaint, and notarized as provided in chapter 9B.
   (2)  It must state the name of the owner of the animal, the location where the alleged offense occurred, a description of the alleged offense, and the name and contact information of any other witness to the alleged offense.
   b.  Notwithstanding section 22.7, the local law enforcement office delivers a copy of the statement described in paragraph “a” to any person who may be investigated due to the complaint. The statement shall be sent by certified mail within twenty-four hours after the local law enforcement office receives the complaint. The statement shall not contain redactions.
   4.  A person charged with committing an offense under this section shall have a cause of action against the person making the complaint if the charge is dismissed, the person charged is acquitted, or the person charged is convicted and the conviction is reversed. The person charged shall be awarded damages for any economic loss, as determined by a court, resulting from the complaint.
   5.  A person charged with committing an offense under this section shall have a cause of action based on the making of a false affidavit, slander, libel, or harassment against any person who asserted a false allegation against the person charged if the charge is dismissed, the person charged is acquitted, or the person charged is convicted and the conviction is reversed.
   6.  A person is guilty of false allegation if the person makes a complaint that is the basis for a criminal charge for an offense and no charge is filed, the charge is dismissed, the person charged is acquitted, or the person charged is convicted and the conviction is reversed. A person guilty of false allegation shall be subject to one of the following:
   a.  Except as otherwise provided in this subsection, a fine of not more than one hundred dollars.
   b.  For a second offense committed within two years of a prior conviction for the same offense, a simple misdemeanor. The sentencing order shall require that the person perform not less than fifty hours and not more than one hundred hours of community service.
   c.  For a third or subsequent offense committed within two years of a prior conviction for the same offense, a serious misdemeanor. The sentencing order shall also require that the person perform not less than one hundred hours and not more than one hundred fifty hours of community service.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill applies to cases involving an allegation of the mistreatment of an animal when the allegation is classified as false due to a number of circumstances. The circumstances include (1) the evidence was obtained due to trespass or deception, or (2) the allegation is based on a statement other than direct observation. In addition, any inspection or investigation must be based on a written statement. The statement is delivered to the person who is subject to the complaint. The person subject to the complaint is provided a cause of action against the person making the complaint if the person subject to the complaint has been found not to have committed the mistreatment. In that case, the person making the complaint is subject to criminal penalties. The general penalty is a fine of not more than $100. However, for a second offense committed within two years of a prior conviction for the same offense, the person is guilty of a simple misdemeanor. In addition, the sentencing order must provide that the person perform not less than 50 hours and not more than 100 hours of community service. For a third or subsequent offense committed within two years of a prior conviction for the same offense, the person is guilty of a serious misdemeanor. The sentencing order shall also provide that the person perform not less than 100 hours and not more than 150 hours of community service.
   APPLICABLE PENALTIES. 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. 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.
   BACKGROUND. Code chapter 162 provides for the regulation of commercial establishments (animal shelters, boarding kennels, commercial breeders, commercial kennels, dealers, pet shops, pounds, public auctions, or research facilities). The Code chapter is regulated by the department of agriculture and land stewardship that issues and renews several types of authorizations to the owners and operators of commercial establishments (licenses, permits, and registrations). Code chapter 717 provides criminal offenses for committing livestock abuse and livestock neglect. Code chapter 717B provides criminal offenses for committing animal abuse, animal neglect, animal torture, and animal abandonment. That Code chapter does not apply to livestock, game animals, or nongame animals declared to be a nuisance. Both Code chapters 717 and 717B are enforced by a local authority which is a city or county.