Text: S05395                            Text: S05397
Text: S05300 - S05399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Senate Amendment 5396

Amendment Text

PAG LIN
  1  1    Amend House File 2382, as passed by the House, as
  1  2 follows:
  1  3    #1.  Page 1, by inserting after line 18, the
  1  4 following:
  1  5    "NEW SUBSECTION.  2C.  "Law enforcement officer"
  1  6 means the same as defined in section 717B.1, including
  1  7 a sheriff conducting an investigation as provided in
  1  8 section 169A.10."
  1  9    #2.  Page 2, by inserting after line 16 the
  1 10 following:
  1 11    "3.  Upon request a law enforcement officer shall
  1 12 investigate a case in which a person is alleged to
  1 13 have intentionally or maliciously abused an animal by
  1 14 injury, maiming, torture, mutilation, destruction, or
  1 15 neglect to the point of causing death or permanent
  1 16 injury.  For purposes of this subsection, an animal is
  1 17 any domesticated animal other than an animal defined
  1 18 in section 169A.1.  A person who abuses an animal as
  1 19 provided in this subsection is subject to punishment
  1 20 and probation as provided in section 714.21."
  1 21    #3.  Page 3, by inserting after line 1, the
  1 22 following:
  1 23    "Sec. ___.  Section 714.21, Code 1997, is amended
  1 24 to read as follows:
  1 25    714.21  PENALTY.
  1 26    1.  Violation of A person violating any of the
  1 27 provisions of section 714.17, 714.18 or 714.20 shall
  1 28 be is guilty of a serious misdemeanor.
  1 29    2.  A person abusing an animal as provided in
  1 30 section 169A.10, subsection 3, is guilty of a class
  1 31 "D" felony.  A person subject to this penalty is not
  1 32 subject to the penalty provided in section 717B.2.
  1 33 The person shall undergo a psychological evaluation
  1 34 and complete any counseling recommended by the court
  1 35 at the person's own expense.  In addition to the class
  1 36 "D" felony penalty, the person shall not own, keep, or
  1 37 care for an animal for a probationary period as
  1 38 provided in this subsection.  The probationary period
  1 39 shall be for not less than five years and not more
  1 40 than ten years as ordered by the court.  If the person
  1 41 is not incarcerated, the probationary period shall
  1 42 begin on the date of sentencing.  If the person is
  1 43 incarcerated, the probationary period shall begin on
  1 44 the date that the person's incarceration ends.  A
  1 45 person who violates a probationary period condition is
  1 46 guilty of a serious misdemeanor." 
  1 47 
  1 48 
  1 49                               
  1 50 MERLIN E. BARTZ 
  2  1 KITTY REHBERG 
  2  2 WALLY E. HORN 
  2  3 MARY A. LUNDBY 
  2  4 PATRICIA HARPER 
  2  5 TOM VILSACK 
  2  6 JOHN W. JENSEN 
  2  7 HF 2382.202 77
  2  8 da/jl/28
     

Text: S05395                            Text: S05397
Text: S05300 - S05399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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