Text: H01226 Text: H01228 Text: H01200 - H01299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 723 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. Section 717.1, Code 1999, is amended 1 5 by adding the following new subsections: 1 6 NEW SUBSECTION. 0A. "Animal" means the same as 1 7 defined in section 717A.1. 1 8 NEW SUBSECTION. 1A. "Licensed mental health 1 9 counselor" means a person licensed to practice mental 1 10 health counseling under chapters 147 and 154D. 1 11 NEW SUBSECTION. 7. "Warden" means animal warden 1 12 as defined in section 162.2. 1 13 Sec. 2. Section 717.1A, unnumbered paragraph 1, 1 14 Code 1999, is amended to read as follows: 1 15 A person is guilty of livestock abuse if the person 1 16 intentionally injures, maims, disfigures, or destroys 1 17 livestockowned by another person, in any manner,1 18including, but not limited to, intentionally doing any1 19of the following: administering drugs or poisons to1 20the livestock, or disabling the livestock by using a1 21firearm or trapby any means that causes pain or 1 22 suffering in a manner inconsistent with customary 1 23 animal husbandry practices.A person guilty of1 24livestock abuse commits an aggravated misdemeanor.1 25 This section shall not apply to any of the following: 1 26 Sec. 3. Section 717.1A, subsection 1, Code 1999, 1 27 is amended by striking the subsection. 1 28 Sec. 4. Section 717.2, subsection 1, paragraph c, 1 29 Code 1999, is amended by striking the paragraph. 1 30 Sec. 5. Section 717.2, subsection 2, Code 1999, is 1 31 amended by striking the subsection. 1 32 Sec. 6. NEW SECTION. 717.3 REPORTING REQUIRED. 1 33 1. A person shall immediately report an incident 1 34 involving a violation of section 717B.2 or 717B.3 to a 1 35 law enforcement officer, if all of the following 1 36 apply: 1 37 a. The person is any of the following: 1 38 (1) A warden. 1 39 (2) A veterinarian licensed pursuant to chapter 1 40 169. 1 41 (3) An employee of the department of agriculture 1 42 and land stewardship who regularly inspects the 1 43 premises of agricultural operations. 1 44 (4) An employee of the division of child and 1 45 family services of the department of human services or 1 46 a person who provides child welfare services as 1 47 provided in section 235.1. 1 48 b. The person witnesses or has other credible 1 49 evidence of any of the following: 1 50 (1) A violation of section 717B.2 or 717B.3. 2 1 (2) Conditions or incidents that have caused 2 2 livestock prolonged suffering in a manner inconsistent 2 3 with customary animal husbandry practices. 2 4 2. If there is reasonable grounds to believe that 2 5 there is a violation of section 717B.2 or 717B.3, a 2 6 law enforcement officer shall conduct an investigation 2 7 and report any violation to the county attorney. 2 8 Sec. 7. NEW SECTION. 717.4 PENALTIES. 2 9 1. a. Any person who commits livestock abuse as 2 10 provided in section 717.1A, is guilty of a class "D" 2 11 felony. 2 12 b. The following penalties shall apply to any 2 13 person who commits livestock neglect as provided in 2 14 section 717.2: 2 15 (1) Except as provided in subparagraph (2), a 2 16 person who negligently or intentionally commits 2 17 livestock neglect is guilty of a simple misdemeanor. 2 18 (2) A person who intentionally commits the offense 2 19 of livestock neglect which results in serious injury 2 20 to or the death of livestock is guilty of an 2 21 aggravated misdemeanor for the first offense and a 2 22 class "D" felony for the second and subsequent 2 23 offenses. A person is not guilty of more than one 2 24 offense of livestock neglect, punishable as provided 2 25 in this subparagraph, when care or sustenance is not 2 26 provided to multiple head of livestock during any 2 27 period of uninterrupted neglect. 2 28 2. If a person is guilty of a class "D" felony as 2 29 provided in this section, the sentencing order shall 2 30 provide for all of the following: 2 31 a. The person shall participate in counseling 2 32 according to the terms ordered by the court. The 2 33 counseling shall be provided by a licensed mental 2 34 health counselor appointed or approved by the court. 2 35 The costs of counseling shall be paid by the person 2 36 and may be taxed as court costs. If the court 2 37 determines that the person is unable to make payment, 2 38 the court may order that the costs be paid in full or 2 39 in part from the county treasury. 2 40 b. The person shall not own, keep, or care for 2 41 livestock or any animal for a suspensory period as 2 42 provided in this paragraph. The suspensory period 2 43 shall be for not less than five years and not more 2 44 than ten years as ordered by the court. If the person 2 45 is not incarcerated, the suspensory period shall begin 2 46 on the date of sentencing. If the person is 2 47 incarcerated, the suspensory period shall begin on the 2 48 date that the person's incarceration ends. A person 2 49 who violates a suspensory period condition is guilty 2 50 of a serious misdemeanor. 3 1 c. The person shall pay reasonable costs of the 3 2 investigation and prosecution of the case as ordered 3 3 by the court. The person shall also pay expenses 3 4 incurred in maintaining the livestock as ordered by 3 5 the court, unless the expenses have been paid pursuant 3 6 to section 717.5. 3 7 Sec. 8. NEW SECTION. 717.6 FORFEITURE. 3 8 If a person is guilty of a class "D" felony as 3 9 provided in section 717.4, all livestock or any animal 3 10 owned by the person shall be forfeited to the state, 3 11 to the extent that the livestock or animal has not 3 12 been disposed of as provided in section 717.5 or 3 13 717B.5. The livestock or any animal shall be seized 3 14 and forfeited in the same manner as provided in 3 15 chapter 809A. Livestock or animals which are 3 16 destroyed shall be destroyed only by a humane method, 3 17 including euthanasia as defined in section 162.2. 3 18 Sec. 9. Section 717B.1, Code 1999, is amended by 3 19 adding the following new subsections: 3 20 NEW SUBSECTION. 3A. "Licensed mental health 3 21 counselor" means a person licensed to practice mental 3 22 health counseling under chapters 147 and 154D. 3 23 NEW SUBSECTION. 3B. "Livestock" means the same as 3 24 defined in section 717.1. 3 25 NEW SUBSECTION. 6. "Warden" means the same as 3 26 animal warden as defined in section 162.2. 3 27 Sec. 10. Section 717B.2, unnumbered paragraph 1, 3 28 Code 1999, is amended to read as follows: 3 29 A person is guilty of animal abuse if the person 3 30 intentionally injures, maims, disfigures, or destroys 3 31 an animalowned by another personby any means, inany3 32 a manner, including intentionally poisoning the animal3 33 inconsistent with customary animal husbandry 3 34 practices.A person guilty of animal abuse is guilty3 35of an aggravated misdemeanor.This section shall not 3 36 apply to any of the following: 3 37 Sec. 11. Section 717B.2, subsection 1, Code 1999, 3 38 is amended by striking the subsection. 3 39 Sec. 12. Section 717B.3, subsection 1, Code 1999, 3 40 is amended to read as follows: 3 41 1. A person who impounds or confines, in any 3 42 place, an animal is guilty of animal neglect, if the 3 43 person does any of the following: fails to supply the 3 44 animal during confinement with a sufficient quantity 3 45 of food or water; fails to provide a confined dog or 3 46 cat with adequate shelter; ortortures,deprivesof3 47 the animal necessary sustenance, mutilates, beats, or3 48kills an animal by any means which causes unjustified3 49pain, distress, or suffering. 3 50 Sec. 13. Section 717B.3, subsection 3, Code 1999, 4 1 is amended by striking the subsection. 4 2 Sec. 14. NEW SECTION. 717B.3A REPORTING 4 3 REQUIRED. 4 4 1. A person shall immediately report an incident 4 5 or condition involving a violation of section 717B.2 4 6 or 717B.3 to a law enforcement officer, if all of the 4 7 following apply: 4 8 a. The person is any of the following: 4 9 (1) A warden. 4 10 (2) A veterinarian licensed pursuant to chapter 4 11 169. 4 12 (3) An employee of the department of agriculture 4 13 and land stewardship who regularly inspects commercial 4 14 establishments as provided in chapter 162. 4 15 (4) An employee of the division of child and 4 16 family services of the department of human services or 4 17 a person who provides child welfare services as 4 18 provided in section 235.1. 4 19 b. The person witnesses or has other credible 4 20 evidence of any of the following: 4 21 (1) A violation of section 717B.2 or 717B.3. 4 22 (2) Conditions or incidents that have caused 4 23 animals prolonged suffering. 4 24 2. If there is reasonable grounds to believe that 4 25 there is a violation of this section, a law 4 26 enforcement officer shall conduct an investigation and 4 27 report any violation to the county attorney. 4 28 Sec. 15. NEW SECTION. 717B.4A PENALTIES. 4 29 1. a. Any person who commits animal abuse as 4 30 provided in section 717B.2 is guilty of a class "D" 4 31 felony. 4 32 b. The following penalties shall apply to any 4 33 person who commits animal neglect as provided in 4 34 section 717B.3: 4 35 (1) Except as provided in subparagraph (2) a 4 36 person who negligently or intentionally commits animal 4 37 neglect is guilty of a simple misdemeanor. 4 38 (2) A person who intentionally commits animal 4 39 neglect which results in serious injury to or the 4 40 death of an animal is guilty of an aggravated 4 41 misdemeanor for the first offense and a class "D" 4 42 felony for the second and subsequent offenses. 4 43 2. If a person is guilty of an aggravated 4 44 misdemeanor or class "D" felony, as provided in this 4 45 section, the sentencing order shall provide for all of 4 46 the following: 4 47 a. The person shall participate in counseling 4 48 according to the terms ordered by the court. The 4 49 counseling shall be provided by a licensed mental 4 50 health counselor appointed or approved by the court. 5 1 The costs of counseling shall be paid by the person 5 2 and may be taxed as court costs. If the court 5 3 determines that the person is unable to make payment, 5 4 the court may order that the costs be paid in full or 5 5 in part from the county treasury. 5 6 b. The person shall not own, keep, or care for an 5 7 animal or any livestock for a suspensory period as 5 8 provided in this paragraph. The suspensory period 5 9 shall be for not less than five years and not more 5 10 than ten years as ordered by the court. If the person 5 11 is not incarcerated, the suspensory period shall begin 5 12 on the date of sentencing. If the person is 5 13 incarcerated, the suspensory period shall begin on the 5 14 date that the person's incarceration ends. A person 5 15 who violates a suspensory period condition is guilty 5 16 of a serious misdemeanor. 5 17 c. The person shall pay reasonable costs of the 5 18 investigation and prosecution of the case as ordered 5 19 by the court. The person shall also pay expenses 5 20 incurred in maintaining the animal as ordered by the 5 21 court, unless the expenses have been paid pursuant to 5 22 section 717B.5. 5 23 Sec. 16. NEW SECTION. 717B.5A FORFEITURE. 5 24 If a person is guilty of a class "D" felony as 5 25 provided in section 717B.4A, all animals or livestock 5 26 owned by the person shall be forfeited to the state, 5 27 to the extent that the animals or livestock have not 5 28 been disposed of as provided in section 717.5 or 5 29 717B.5. The animals or livestock shall be seized and 5 30 forfeited in the same manner as provided in chapter 5 31 809A. Animals or livestock which are destroyed shall 5 32 be destroyed only by a humane method, including 5 33 euthanasia as defined in section 162.2." 5 34 5 35 5 36 5 37 CORMACK of Webster 5 38 HF 723.501 78 5 39 da/jw
Text: H01226 Text: H01228 Text: H01200 - H01299 Text: H Index Bills and Amendments: General Index Bill History: General Index
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