Text: HF02113 Text: HF02115 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 717A.1, subsection 4, paragraph a, Code 1 2 1997, is amended to read as follows: 1 3 a. A person who violates subsection 2, paragraph "a", is 1 4 guilty ofathe following offenses: 1 5 (1) For an injury which does not cause the death of an 1 6 animal or for damage to property the following shall apply: 1 7 (a) A class "C" felony if the injury to an animal or 1 8 damage to property exceeds fifty thousand dollars, a. 1 9 (b) A class "D" felony if the injury to an animal or 1 10 damage to property exceeds five hundred dollars but does not 1 11 exceed fifty thousand dollars, an. 1 12 (c) An aggravated misdemeanor if the injury to an animal 1 13 or damage to property exceeds one hundred dollars but does not 1 14 exceed five hundred dollars, a. 1 15 (d) A serious misdemeanor if the injury to an animal or 1 16 damage to property exceeds fifty dollars but does not exceed 1 17 one hundred dollars, or a. 1 18 (e) A simple misdemeanor if the injury to an animal or 1 19 damage to property does not exceed fifty dollars. 1 20 (2) For an injury which causes the death of an animal, the 1 21 following shall apply: 1 22 (a) A class "C" felony if damages caused by the offense 1 23 exceed fifty thousand dollars. 1 24 (b) A class "D" felony if damages caused by the offense do 1 25 not exceed fifty thousand dollars. 1 26 A person who causes the death of more than one animal shall 1 27 be subject to a minimum incarceration as provided in section 1 28 902.8. 1 29 Sec. 2. NEW SECTION. 902.8A MINIMUM SENTENCE – OFFENSES 1 30 RELATING TO ANIMAL FACILITIES. 1 31 A person who willfully causes the death of more than one 1 32 animal maintained at an animal facility as provided in section 1 33 717A.1 shall serve a minimum of ninety days of the sentence 1 34 imposed by law. A person sentenced pursuant to this section 1 35 shall not be eligible for release until the person has served 2 1 the minimum sentence of confinement imposed by this section. 2 2 EXPLANATION 2 3 This bill amends Code section 717A.1 which prohibits a 2 4 person from willfully destroying property of an animal 2 5 facility or injuring an animal maintained at an animal 2 6 facility without the consent of the owner of the facility or 2 7 animal. An animal facility includes a number of locations 2 8 where animals are kept, including a farm, livestock market, 2 9 research facility, veterinary clinic, pound, animal shelter, 2 10 pet shop, boarding kennel, or commercial kennel. A person who 2 11 violates the prohibition is guilty of an offense ranging from 2 12 a class "C" felony to a simple misdemeanor based on the amount 2 13 of damage sustained to property or injury inflicted to 2 14 animals. The break between a class "D" felony and a 2 15 aggravated misdemeanor is $500. This bill provides that if 2 16 the injury causes an animal's death, the offense is at least a 2 17 class "D" felony regardless of the value of the damage. In 2 18 addition, the bill provides a minimum sentence of 90 days 2 19 incarceration for a person who willfully causes the death of 2 20 more than one animal at the facility. 2 21 LSB 3219HH 77 2 22 da/jl/8
Text: HF02113 Text: HF02115 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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