Text: H08851                            Text: H08853
Text: H08800 - H08899                   Text: H Index
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House Amendment 8852

Amendment Text

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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