Text: H08745 Text: H08747 Text: H08700 - H08799 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 723, as amended, passed, and
1 2 reprinted by the House, as follows:
1 3 #1. By striking everything after the enacting
1 4 clause and inserting the following:
1 5 "Section 1. NEW SECTION. 717.3 LIVESTOCK
1 6 TORTURE.
1 7 1. A person is guilty of livestock torture,
1 8 regardless of whether the person is the owner of the
1 9 livestock, if the person acts with a depraved or
1 10 sadistic intent to inflict on the livestock severe
1 11 physical pain in order to prolong suffering or death.
1 12 2. This section shall not apply to any of the
1 13 following:
1 14 a. A person acting to carry out an order issued by
1 15 a court.
1 16 b. A licensed veterinarian while practicing
1 17 veterinary medicine as provided in chapter 169.
1 18 c. A person while carrying out a practice that is
1 19 consistent with customary animal husbandry practices.
1 20 d. A person acting reasonably to protect a person
1 21 from injury or death caused by unconfined livestock.
1 22 e. A local authority acting reasonably to destroy
1 23 livestock, if at the time of the destruction, the
1 24 owner of the livestock is absent or unable to care for
1 25 the livestock, and the livestock is permanently
1 26 distressed by disease or injury to a degree that would
1 27 result in severe and prolonged suffering.
1 28 f. An institution, as defined in section 145B.1,
1 29 or a research facility, as defined in section 162.2,
1 30 provided that the institution or research facility
1 31 performs functions within the scope of accepted
1 32 practices and disciplines associated with the
1 33 institution or research facility.
1 34 3. A person guilty of livestock torture is guilty
1 35 of an aggravated misdemeanor for the first offense and
1 36 guilty of a class "D" felony for a second or
1 37 subsequent offense. If a person is guilty of
1 38 livestock torture, as provided in this subsection, the
1 39 sentencing order shall provide that the person
1 40 participate in counseling according to the terms
1 41 ordered by the court.
1 42 Sec. 2. NEW SECTION. 717B.3A ANIMAL TORTURE.
1 43 1. A person is guilty of animal torture,
1 44 regardless of whether the person is the owner of the
1 45 animal, if the person acts with a depraved or sadistic
1 46 intent to inflict on the animal severe physical pain
1 47 in order to prolong suffering or death.
1 48 2. This section shall not apply to any of the
1 49 following:
1 50 a. A person acting to carry out an order issued by
2 1 a court.
2 2 b. A licensed veterinarian practicing veterinary
2 3 medicine as provided in chapter 169.
2 4 c. A person carrying out a practice that is
2 5 consistent with animal husbandry practices.
2 6 d. A person acting in order to carry out another
2 7 provision of law which allows the conduct.
2 8 e. A person taking, hunting, trapping, or fishing
2 9 for a wild animal as provided in chapter 481A.
2 10 f. A person acting to protect the person's
2 11 property from a wild animal as defined in section
2 12 481A.1.
2 13 g. A person acting to protect a person from injury
2 14 or death caused by a wild animal as defined in section
2 15 481A.1.
2 16 h. A person reasonably acting to protect the
2 17 person's property from damage caused by an unconfined
2 18 animal.
2 19 i. A person reasonably acting to protect a person
2 20 from injury or death caused by an unconfined animal.
2 21 j. A local authority reasonably acting to destroy
2 22 an animal, if at the time of the destruction, the
2 23 owner of the animal is absent or unable to care for
2 24 the animal, and the animal is permanently distressed
2 25 by disease or injury to a degree that would result in
2 26 severe and prolonged suffering.
2 27 k. An institution, as defined in section 145B.1,
2 28 or a research facility, as defined in section 162.2,
2 29 provided that the institution or research facility
2 30 performs functions within the scope of accepted
2 31 practices and disciplines associated with the
2 32 institution or research facility.
2 33 3. A person guilty of animal torture is guilty of
2 34 an aggravated misdemeanor for the first offense and
2 35 guilty of a class "D" felony for a second or
2 36 subsequent offense. If a person is guilty of animal
2 37 torture, as provided in this subsection, the
2 38 sentencing order shall provide that the person
2 39 participate in counseling according to terms ordered
2 40 by the court."
2 41 #2. Title page, line 1, by striking the words
2 42 "persons and".
2 43 HF 723S
2 44 da/cc/26
Text: H08745 Text: H08747 Text: H08700 - H08799 Text: H Index Bills and Amendments: General Index Bill History: General Index
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