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House File 9

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 717B.9, subsections 1, 2, and 4, Code
  1  2 1995, are amended to read as follows:
  1  3    1.  A person who knowingly, and willfully or maliciously
  1  4 torments, strikes, administers a nonpoisonous desensitizing
  1  5 substance to, or otherwise interferes with a police service
  1  6 dog, without inflicting serious injury on the dog, commits a
  1  7 simple serious misdemeanor.
  1  8    2.  A person who knowingly, and willfully or maliciously
  1  9 does any of the following commits a class "D" felony:
  1 10    a.  tortures, Tortures a police service dog.
  1 11    b.  injures Injures, so as to disfigure or disable, a
  1 12 police service dog.
  1 13    c.  Sets a booby trap device for purposes of injuring, so
  1 14 as to disfigure or disable, or killing a police service dog.
  1 15    d.  Pays or agrees to pay a bounty for purposes of injury,
  1 16 so as to disfigure or disable, or killing a police service
  1 17 dog.
  1 18    e.  kills, or Kills a police service dog.
  1 19    f.  administers Administers poison to a police service dog,
  1 20 commits a serious misdemeanor.
  1 21    4.  This section does not apply to a peace officer or
  1 22 veterinarian who terminates the life of such a police service
  1 23 dog for the purpose of relieving the dog of undue pain or
  1 24 suffering, or to a person who justifiably acts in defense of
  1 25 self or another.  
  1 26                           EXPLANATION
  1 27    This bill raises the penalties applicable to acts defined
  1 28 as cruelty to police service dogs and removes language
  1 29 relating to justifiable acts in defense of self or others.
  1 30 The knowing and willful or malicious tormenting or striking of
  1 31 a police service dog, as well as the administration of
  1 32 nonpoisonous desensitizing substances to or other interference
  1 33 with a police service dog, is elevated from a simple to a
  1 34 serious misdemeanor.  The knowing and willful or malicious
  1 35 torture, disfiguring, disabling, killing, or poisoning of a
  2  1 police service dog is elevated from a serious misdemeanor to a
  2  2 class "D" felony.  The penalty for a serious misdemeanor is a
  2  3 fine of at least $250 but not more than $1,500 or both fine
  2  4 and imprisonment of up to one year in jail.  The maximum
  2  5 penalty for a class "D" felony is confinement of up to five
  2  6 years in the penitentiary and a fine of not less than $500 and
  2  7 not more than $7,500.  
  2  8 LSB 1087HH 76
  2  9 lh/sc/14
     
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