Senate File 57 - Introduced SENATE FILE 57 BY SHIPLEY and DAWSON A BILL FOR An Act relating to the mistreatment of certain animals other 1 than livestock and wildlife, by providing for criminal 2 offenses, including penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1057XS (3) 88 da/rn

S.F. 57 Section 1. Section 717B.2, unnumbered paragraph 1, Code 1 2019, is amended to read as follows: 2 A person is guilty of commits animal abuse if the person 3 intentionally injures, maims, disfigures, or destroys an animal 4 owned by another person, in any manner, including intentionally 5 poisoning the animal. A person guilty of who commits animal 6 abuse is guilty of an aggravated misdemeanor. However, for a 7 person’s second or subsequent conviction of animal abuse, the 8 person is guilty of a class “D” felony. This section shall not 9 apply to any of the following: 10 Sec. 2. Section 717B.3, subsection 1, unnumbered paragraph 11 1, Code 2019, is amended to read as follows: 12 A person who impounds or confines, in any place, an animal is 13 guilty of commits animal neglect if the person does any of the 14 following: 15 Sec. 3. Section 717B.3, subsection 3, Code 2019, is amended 16 to read as follows: 17 3. A person who negligently or intentionally commits the 18 offense of animal neglect is guilty of a simple misdemeanor. A 19 person who intentionally commits the offense of animal neglect 20 which results in a serious injury to or the death of an animal 21 is guilty of a serious an aggravated misdemeanor. 22 Sec. 4. Section 717B.3A, subsection 1, Code 2019, is amended 23 to read as follows: 24 1. A person is guilty of commits animal torture, regardless 25 of whether the person is the owner of the animal, if the person 26 inflicts upon the animal severe physical pain with a depraved 27 or sadistic intent to cause prolonged suffering or death. 28 Sec. 5. Section 717B.3A, subsection 3, paragraph a, 29 subparagraphs (1) and (2), Code 2019, are amended to read as 30 follows: 31 (1) For the first conviction, the The person is guilty of an 32 aggravated misdemeanor class “D” felony . 33 (2) The sentencing order shall provide that the person 34 submit to psychological evaluation and treatment according to 35 -1- LSB 1057XS (3) 88 da/rn 1/ 3

S.F. 57 terms required by the court. The costs of the evaluation and 1 treatment shall be paid by the person. In addition For the 2 first conviction , the sentencing order shall provide that the 3 person complete a community work requirement, which may include 4 a work requirement performed at an animal shelter or pound, as 5 defined in section 162.2 , according to terms required by the 6 court. 7 (2) For a second or subsequent conviction, the person is 8 guilty of a class “D” felony. The sentencing order shall 9 provide that the person submit to psychological evaluation and 10 treatment according to terms required by the court. The costs 11 of the psychological evaluation and treatment shall be paid by 12 the person. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 MISTREATMENT OF ANIMALS —— INCREASE IN CRIMINAL PENALTIES. 17 Currently, the criminal penalty for a conviction of animal 18 abuse is an aggravated misdemeanor. This bill provides that 19 the criminal penalty for a second or subsequent conviction for 20 that offense is enhanced to a class “D” felony. The current 21 criminal penalty for a conviction of animal negligence is a 22 simple misdemeanor, unless the convicted person’s actions 23 resulted in a serious injury to the animal or the animal’s 24 death. In the instance in which an animal is inflicted 25 with a serious injury, the bill increases the enhanced 26 criminal penalty from a serious misdemeanor to an aggravated 27 misdemeanor. Currently, the criminal penalty for animal 28 torture is an aggravated misdemeanor for the first conviction 29 which is enhanced to a class “D” felony for a second or 30 subsequent conviction. For each conviction, the court’s 31 sentencing order must provide that the guilty person submit 32 to psychological evaluation and treatment, and for the first 33 conviction the order must require the guilty person complete 34 a community work requirement. The bill provides the criminal 35 -2- LSB 1057XS (3) 88 da/rn 2/ 3

S.F. 57 penalty is a class “D” felony without regard to the number 1 of prior convictions and eliminates the enhanced penalty 2 provision. The bill also makes certain changes in terminology 3 for purposes of consistency and readability. 4 BACKGROUND. Code chapter 717B prohibits the mistreatment of 5 certain animals, including dogs and cats, but excludes three 6 classifications: (1) livestock (Code chapter 717); wildlife 7 under the jurisdiction of the department of natural resources 8 (Code chapter 481), unless such animal is owned, confined, 9 or controlled by a person; and (3) a nongame animal declared 10 by the department to be a nuisance (Code section 481A.42). 11 Animal abuse involves intentionally injuring an animal by 12 violence or poisoning by a person other then the animal’s 13 owner (Code section 717B.2). Animal neglect involves the 14 failure to provide an animal with adequate food or water, or 15 failure to provide a dog or cat with adequate shelter. It also 16 involves harming an animal in a manner that causes suffering 17 (Code section 717B.3). Animal torture involves acting with a 18 depraved or sadistic intent to inflict severe and prolonged 19 pain or suffering, or death upon an animal (Code section 20 717B.3A). 21 APPLICABLE CRIMINAL PENALTIES. The criminal penalties 22 described in the bill are as follows: (1) for a simple 23 misdemeanor, confinement for no more than 30 days or a fine 24 of at least $65 but not more than $625 or by both; (2) for a 25 serious misdemeanor, confinement for no more than one year and 26 a fine of at least $315 but not more than $1,875; (3) for an 27 aggravated misdemeanor, confinement for no more than two years 28 and a fine of at least $625 but not more than $6,250; and (4) 29 for a class “D” felony, confinement for no more than five years 30 and a fine of at least $750 but not more than $7,500. 31 -3- LSB 1057XS (3) 88 da/rn 3/ 3