SF 591 (LSB 1057SV (2) 88)

SENATE FILE 591

BY  COMMITTEE ON AGRICULTURE

(SUCCESSOR TO SF 57)

A BILL FOR

An Act relating to the mistreatment of certain animals other than livestock and wildlife, by providing for criminal offenses, and including penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 717B.1, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  “Commercial establishment” means the same as defined in section 162.2.
    Sec. 2.  Section 717B.2, unnumbered paragraph 1, Code 2019, is amended to read as follows:
   A person is guilty of commits 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. A person guilty of who commits animal abuse is guilty of an aggravated misdemeanor.  However, for a person’s second or subsequent conviction of animal abuse, the person is guilty of a class “D” felony. This section shall not apply to any of the following:
    Sec. 3.  Section 717B.2, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  12.  A commercial establishment, provided that the commercial establishment’s conduct complies with applicable standard of care requirements in section 162.10A.
    Sec. 4.  Section 717B.3, subsection 1, unnumbered paragraph 1, Code 2019, is amended to read as follows:
   A person who impounds or confines, in any place, an animal is guilty of commits animal neglect if the person does any of the following:   
    Sec. 5.  Section 717B.3, subsection 3, Code 2019, is amended to read as follows:
   3.  A person who negligently or intentionally commits the offense of animal neglect is guilty of a simple misdemeanor. A person who intentionally commits the offense of animal neglect which results in a serious injury to or the death of an animal is guilty of a serious an aggravated misdemeanor.
    Sec. 6.  Section 717B.3A, subsection 1, Code 2019, is amended to read as follows:
   1.  A person is guilty of commits animal torture, regardless of whether the person is the owner of the animal, if the person intentionally inflicts upon the animal severe physical pain with a depraved or sadistic intent to cause in a manner that causes the animal’s prolonged suffering or death.
    Sec. 7.  Section 717B.3A, subsection 2, Code 2019, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  l.  A commercial establishment, provided that the commercial establishment’s conduct complies with applicable standard of care requirements in section 162.10A.
    Sec. 8.  Section 717B.3A, subsection 3, paragraph a, subparagraphs (1) and (2), Code 2019, are amended to read as follows:
   (1)  For the first conviction, the The person is guilty of an aggravated misdemeanor a class “D” felony.
   (2)  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 For the first conviction, 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.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   MISTREATMENT OF ANIMALS —— INCREASE IN CRIMINAL PENALTIES.  Currently, the criminal penalty for a conviction of animal abuse is an aggravated misdemeanor. This bill provides that the criminal penalty for a second or subsequent conviction for that offense is enhanced to a class “D” felony. The current criminal penalty for a conviction of animal neglect is a simple misdemeanor, unless the convicted person’s actions resulted in a serious injury to the animal or the animal’s death. In the instance in which an animal is inflicted with a serious injury, the bill increases the enhanced criminal penalty from a serious misdemeanor to an aggravated misdemeanor. Currently, the criminal penalty for animal torture is an aggravated misdemeanor for the first conviction which is enhanced to a class “D” felony for a second or subsequent conviction. For each conviction, the court’s sentencing order must provide that the guilty person submit to psychological evaluation and treatment, and for the first conviction the order must require the guilty person complete a community work requirement. The bill provides the criminal penalty is a class “D” felony without regard to the number of prior convictions and eliminates the enhanced penalty provision. The bill also makes certain changes in terminology for purposes of consistency and readability.
   ANIMAL TORTURE —— ELEMENT TO PROVE CRIME. For animal torture, the bill requires that a person act intentionally rather than with a depraved or sadistic intent.
   ANIMAL ABUSE AND ANIMAL TORTURE —— EXCEPTION FOR COMMERCIAL ESTABLISHMENTS. The bill provides that the offenses classified as animal abuse and animal torture are not committed by a commercial establishment regulated by the department of agriculture and land stewardship (DALS) if the commercial establishment’s conduct complies with certain standard of care requirements.
   BACKGROUND —— MISTREATMENT OF CERTAIN ANIMALS. Code chapter 717B prohibits the mistreatment of certain animals, including dogs and cats, but excludes three classifications: (1) livestock (Code chapter 717); wildlife under the jurisdiction of the department of natural resources (Code chapter 481), unless such animal is owned, confined, or controlled by a person; and (3) a nongame animal declared by the department to be a nuisance (Code section 481A.42).
   BACKGROUND —— COMMERCIAL ESTABLISHMENTS. A commercial establishment includes a person required to be issued some form of authorization by the DALS (Code section 162.2A), including an animal shelter, pound, or research facility (certificate of registration); a pet shop, boarding kennel, or commercial kennel (state license); or a dealer, commercial breeder, or public auction (either a state license or a permit). A permit is issued if the person is licensed under the federal Animal Welfare Act (7 U.S.C. ch. 54) by the United States department of agriculture.
   APPLICABLE CRIMINAL PENALTIES. The criminal penalties described in the bill are as follows: (1) for a 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) for a serious misdemeanor, confinement for no more than one year and a fine of at least $315 but not more than $1,875; (3) for an aggravated misdemeanor, confinement for no more than two years and a fine of at least $625 but not more than $6,250; and (4) for a class “D” felony, confinement for no more than five years and a fine of at least $750 but not more than $7,500.