Text: H08851 Text: H08853 Text: H08800 - H08899 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the Senate amendment, H-8746, to House File 1 2 723, as amended, passed, and reprinted by the House, 1 3 as follows: 1 4 #1. Page 1, by inserting after line 4, the 1 5 following: 1 6 ""Section 1. Section 232.8, subsection 1, 1 7 paragraph c, Code 1999, is amended to read as follows: 1 8 c. Violations by a child, age sixteen or older, 1 9 which subject the child to the provisions of section 1 10 124.401, subsection 1, paragraph "e" or "f", or 1 11 violations of section 723A.2 which involve a violation 1 12 of chapter 724, or violation of chapter 724 which 1 13 constitutes a felony, or violations which constitute a 1 14 forcible felony are excluded from the jurisdiction of 1 15 the juvenile court and shall be prosecuted as 1 16 otherwise provided by law unless the court transfers 1 17 jurisdiction of the child to the juvenile court upon 1 18 motion and for good cause. A child over whom 1 19 jurisdiction has not been transferred to the juvenile 1 20 court, and who is convicted of a violation excluded 1 21 from the jurisdiction of the juvenile court under this 1 22 paragraph, shall be sentenced pursuant to section 1 23 124.401B, 902.9, or 903.1. Notwithstanding any other 1 24 provision of the Code to the contrary, the court may 1 25 accept from a child a plea of guilty, or may instruct 1 26 the jury on a lesser included offense to the offense 1 27 excluded from the jurisdiction of the juvenile court 1 28 under this section, in the same manner as regarding an 1 29 adult. However, the juvenile court shall have 1 30 exclusive original jurisdiction in a proceeding 1 31 concerning an offense of livestock torture as provided 1 32 in section 717.3 or animal torture as provided in 1 33 section 717B.3A alleged to have been committed by a 1 34 child under the age of seventeen. 1 35 Sec. . Section 232.8, subsection 3, Code 1999, 1 36 is amended by adding the following new unnumbered 1 37 paragraph: 1 38 NEW UNNUMBERED PARAGRAPH. This subsection does not 1 39 apply in a proceeding concerning an offense of 1 40 livestock torture as provided in section 717.3 or 1 41 animal torture as provided in section 717B.3A alleged 1 42 to have been committed by a child under the age of 1 43 seventeen." 1 44 #2. Page 1, by striking lines 9 through 11, and 1 45 inserting the following: "livestock, if the person 1 46 inflicts upon the livestock severe physical pain with 1 47 a depraved or sadistic intent to cause prolonged 1 48 suffering or death." 1 49 #3. Page 1, by striking lines 34 through 41, and 1 50 inserting the following: 2 1 " . a. The following shall apply to a person 2 2 who commits livestock torture: 2 3 (1) For the first conviction, the person is guilty 2 4 of an aggravated misdemeanor. The sentencing order 2 5 shall provide that the person submit to psychological 2 6 evaluation and treatment according to terms required 2 7 by the court. The costs of the evaluation and 2 8 treatment shall be paid by the person. In addition, 2 9 the sentencing order shall provide that the person 2 10 complete a community work requirement, which may 2 11 include a work requirement performed at an animal 2 12 shelter or pound as defined in section 162.2, 2 13 according to terms required by the court. 2 14 (2) For a second or subsequent conviction, the 2 15 person is guilty of a class "D" felony. The 2 16 sentencing order shall provide that the person submit 2 17 to a psychological evaluation and treatment according 2 18 to terms required by the court. The costs of the 2 19 psychological evaluation and treatment shall be paid 2 20 by the person. 2 21 b. The juvenile court shall have exclusive 2 22 original jurisdiction in a proceeding concerning a 2 23 child who is alleged to have committed livestock 2 24 torture, in the manner provided in section 232.8. The 2 25 juvenile court shall not waive jurisdiction in a 2 26 proceeding concerning an offense alleged to have been 2 27 committed by a child under the age of seventeen." 2 28 #4. Page 1, by striking lines 45 through 47, and 2 29 inserting the following: "animal, if the person 2 30 inflicts upon the animal severe physical pain with a 2 31 depraved or sadistic intent to cause prolonged 2 32 suffering or death." 2 33 #5. Page 2, by striking lines 33 through 40, and 2 34 inserting the following: 2 35 " . The following shall apply to a person who 2 36 commits animal torture: 2 37 (1) For the first conviction, the person is guilty 2 38 of an aggravated misdemeanor. The sentencing order 2 39 shall provide that the person submit to psychological 2 40 evaluation and treatment according to terms required 2 41 by the court. The costs of the evaluation and 2 42 treatment shall be paid by the person. In addition, 2 43 the sentencing order shall provide that the person 2 44 complete a community work requirement, which may 2 45 include a work requirement performed at an animal 2 46 shelter or pound, as defined in section 162.2, 2 47 according to terms required by the court. 2 48 (2) For a second or subsequent conviction, the 2 49 person is guilty of a class "D" felony. The 2 50 sentencing order shall provide that the person submit 3 1 to psychological evaluation and treatment according to 3 2 terms required by the court. The costs of the 3 3 psychological evaluation and treatment shall be paid 3 4 by the person. 3 5 b. The juvenile court shall have exclusive 3 6 original jurisdiction in a proceeding concerning a 3 7 child who is alleged to have committed animal torture, 3 8 in the manner provided in section 232.8. The juvenile 3 9 court shall not waive jurisdiction in a proceeding 3 10 concerning an offense alleged to have been committed 3 11 by a child under the age of seventeen." 3 12 3 13 3 14 3 15 DAVIS of Wapello 3 16 3 17 3 18 3 19 KREIMAN of Davis 3 20 3 21 3 22 3 23 MASCHER of Johnson 3 24 3 25 3 26 3 27 PARMENTER of Story 3 28 3 29 3 30 3 31 REYNOLDS of Van Buren 3 32 3 33 3 34 3 35 CORMACK of Webster 3 36 HF 723.715 78 3 37 da/cls
Text: H08851 Text: H08853 Text: H08800 - H08899 Text: H Index Bills and Amendments: General Index Bill History: General Index
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