Text: H01226                            Text: H01228
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House Amendment 1227

Amendment Text

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 livestock owned by another person, in any manner,
  1 18 including, but not limited to, intentionally doing any
  1 19 of the following:  administering drugs or poisons to
  1 20 the livestock, or disabling the livestock by using a
  1 21 firearm or trap by any means that causes pain or
  1 22 suffering in a manner inconsistent with customary
  1 23 animal husbandry practices.  A person guilty of
  1 24 livestock 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 animal owned by another person by any means, in any
  3 32 a manner, including intentionally poisoning the animal
  3 33 inconsistent with customary animal husbandry
  3 34 practices.  A person guilty of animal abuse is guilty
  3 35 of 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; or tortures, deprives of
  3 47 the animal necessary sustenance, mutilates, beats, or
  3 48 kills an animal by any means which causes unjustified
  3 49 pain, 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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